Best Bankruptcy Lawyers in South Africa

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GFT Pistorius Inc.
Middelburg, South Africa

Founded in 1984
English
Established in 1984 in Middelburg, South Africa, GFT Pistorius Inc. has evolved into a distinguished legal firm renowned for its comprehensive range of services. The firm's expertise encompasses civil litigation across High, Regional, and Magistrateโ€™s Courts, as well as specialized areas such as...
Dรถman Weitsz Attorneys
White River, South Africa

Founded in 1985
English
Dรถman Weitsz Attorneys, established in 1985, is a prominent law firm based in White River, Mpumalanga, serving the Lowveld region. The firm offers a comprehensive range of legal services, including commercial law, conveyancing, criminal law, debt collection, estates and trusts, family law,...
Pisanti Attorneys Incorporated
Germiston, South Africa

Founded in 2017
10 people in their team
Afrikaans
English
Welcome to Pisanti Attorneys IncorporatedPisanti Attorneys Incorporated was established in early 2017. When it was founded, we aimed to be a young and vibrant law firm which had a boutique and personal type feel. This ethos has not changed; our family has just gotten bigger.Still situated in...
BDLS Attorneys
Port Elizabeth, South Africa

Founded in 1978
50 people in their team
Afrikaans
English
Protecting the Law Since 1978We are Attorneys, Notaries and Conveyancers who have over 40 years of experience and we understand business and believe that it is our passion for work and the willingness of our professionals and staff that allows us to gain thorough knowledge of our clientsโ€™...
Mase & Mukoyi Incorporated Attorneys
East London, South Africa

English
Mase & Mukoyi Incorporated Attorneys is a wholly black women-owned legal services firm based in East London, Eastern Cape, South Africa. The firm offers a comprehensive range of legal services, including conveyancing, notarial practice, administration of estates, family law, debt collection, and...
Geyser Du Toit Louw and Kitching
Kloof, South Africa

Founded in 1994
English
Geyser Du Toit Louw & Kitching (GDLK) is a specialized and dynamic law firm based in Kloof, KwaZulu-Natal. With a history dating back to 1994, GDLK has established itself as a leading legal practice in the Highway area and throughout the province. The firm offers expert legal advice to both...
Pather & Pather Attorneys Inc.
Umhlanga, South Africa

Founded in 1996
90 people in their team
English
We donโ€™t just offer legal servicesโ€”we offer security, strategy, and results. For 3 decades, clients have trusted us to protect their interests, resolve complex legal matters, and navigate challenges with confidence.Our team of experienced legal professionals are committed to providing tailored...
Hunter & Company
Durban, South Africa

Founded in 2021
10 people in their team
Afrikaans
English
OverviewHunter & Co. is a boutique new law firm that offers general litigation services with a focus on commercial law and family law.. Our practitioner always strives to provide truly honest and accurate legal strategies, which are custom designed to benefit our clients. The service offering...
Renier J Oelofsen Attorneys
Barberton, South Africa

Founded in 1993
English
Renier J Oelofsen Attorneys Inc., established in 1993 in Barberton, Mpumalanga, offers comprehensive legal services across various practice areas. The firm's expertise encompasses litigation in both High Court and Magistrate Court, real estate law and conveyancing, business law, family law and...
Gielie Benade Attorneys
Klerksdorp, South Africa

Founded in 1999
English
Gielie Benade Attorneys, established in 1999 in Klerksdorp and expanding to Mahikeng in 2004, has become a prominent law firm in the North West province of South Africa. Under the leadership of sole owner Michiel Zwarts Benade (B-Proc, LLB), the firm offers a comprehensive range of legal services,...
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South Africa Bankruptcy Legal Questions answered by Lawyers

Browse our 1 legal question about Bankruptcy in South Africa and the lawyer answers, or ask your own questions for free.

Declaring bankruptcy
Bankruptcy
Text me on WhatsApp: +38970704335I can help you!Regards,Svetislav Stojanoski, attorney at law

About Bankruptcy Law in South Africa

Bankruptcy in South Africa is governed by the Insolvency Act of 1936. It is a legal process where an individual or business is declared unable to repay their debts. The goal of bankruptcy law is to provide debtors with a fresh start while ensuring that creditors are paid to the extent possible.

Why You May Need a Lawyer

There are several situations where individuals may require legal help with bankruptcy, such as complex financial situations, disputes with creditors, or the need to navigate the legal process. A lawyer can provide guidance, representation, and ensure that your rights are protected throughout the bankruptcy process.

Local Laws Overview

In South Africa, bankruptcy proceedings are overseen by the High Court. Individuals can voluntarily declare bankruptcy, or a creditor can petition the court to declare them bankrupt. Bankruptcy can have long-term consequences, such as affecting your credit score and ability to obtain credit in the future. It is important to understand the local laws and regulations surrounding bankruptcy to make informed decisions.

Frequently Asked Questions

1. What is the difference between voluntary and involuntary bankruptcy?

In voluntary bankruptcy, the debtor files for bankruptcy themselves, while in involuntary bankruptcy, a creditor petitions the court to declare the debtor bankrupt.

2. How long does bankruptcy last in South Africa?

Bankruptcy typically lasts for a period of five years in South Africa, after which the debtor is discharged from their debts.

3. Will all of my debts be discharged in bankruptcy?

Not all debts may be discharged in bankruptcy, such as certain tax obligations, student loans, and debts arising from fraud or misconduct.

4. Can I keep any assets in bankruptcy?

Some assets may be protected from seizure in bankruptcy, such as necessary household goods and tools of the trade. It is important to consult with a lawyer to understand which assets may be exempt.

5. Can I apply for credit after bankruptcy?

While bankruptcy may affect your credit score and ability to obtain credit, it is possible to rebuild your credit over time. It is important to practice responsible financial habits post-bankruptcy.

6. Can I run a business while bankrupt?

Running a business while bankrupt may be subject to certain restrictions and requirements. It is important to consult with a lawyer to understand the implications for your specific situation.

7. Will bankruptcy affect my employment?

Bankruptcy may not affect your current employment, but certain professions or industries may have restrictions on bankrupt individuals. It is important to disclose your bankruptcy status when required.

8. What are the costs associated with filing for bankruptcy?

There are various costs associated with filing for bankruptcy, such as court fees and legal fees. It is important to budget for these expenses and understand the financial implications.

9. Can I appeal a bankruptcy decision?

It is possible to appeal a bankruptcy decision if you believe it was made in error or if there are grounds for appeal. It is important to consult with a lawyer to understand the process and requirements for appealing a decision.

10. How can a lawyer help me with bankruptcy?

A lawyer can provide guidance throughout the bankruptcy process, help you understand your rights and obligations, represent you in court proceedings, negotiate with creditors, and ensure that your interests are protected. Having a lawyer on your side can help navigate the complexities of bankruptcy law.

Additional Resources

If you need legal advice or assistance with bankruptcy in South Africa, you can contact the Legal Aid South Africa, the National Credit Regulator, or the South African Restructuring & Insolvency Practitioners Association for resources and support.

Next Steps

If you are considering bankruptcy or have questions about the process, it is important to consult with a qualified lawyer who specializes in bankruptcy law. They can assess your financial situation, advise you on the best course of action, and guide you through the legal process to ensure the best possible outcome. Remember, you don't have to go through bankruptcy alone - seek legal assistance to protect your rights and interests.

Lawzana helps you find the best lawyers and law firms in South Africa through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Bankruptcy, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.