Best Bankruptcy Lawyers in South Africa

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Johannesburg, South Africa

Founded in 1977
English
Swanepoel & Partners Inc., established in 1977 by the late Mr. P.C. Swanepoel, has grown into one of the leading legal practices in Mpumalanga, South Africa. Based in Nelspruit, the firm offers a comprehensive range of legal services, including conveyancing, litigation, commercial law, and family...
Avir Maharaj Incorporated
Durban, South Africa

English
Avir Maharaj Incorporated, based in Durban, South Africa, offers a comprehensive range of legal services, including commercial law, criminal law, debt collection, divorce, litigation, property law, and wills and estates. The firm is committed to delivering high-quality legal solutions tailored to...
Dionne Lamprecht Inc.
Rustenburg, South Africa

Founded in 2008
English
Dionne Lamprecht Inc., established on May 1, 1995, by the late Dionne Francois Lamprecht, has evolved into a premier boutique law firm in Rustenburg, North West Province. Initially a general practice, the firm strategically refocused in 2002 to specialize in Insolvency Law, Matrimonial Matters, and...
Kramer Weihmann Attorneys
Bloemfontein, South Africa

English
Kramer Weihmann Attorneys is a distinguished South African law firm renowned for its comprehensive legal services and commitment to excellence. With a team of seasoned professionals, the firm offers expertise across various practice areas, ensuring tailored solutions that address the unique needs...
Attorneys Ballito - G Grobbelaar Inc
Ballitoville, South Africa

Founded in 2013
English
Established in 2013 by Mr. Gerhard Grobbelaar, G. Grobbelaar Incorporated is a dynamic law firm based in Ballito, KwaZulu-Natal, South Africa. The firm offers a comprehensive range of legal services, including civil and criminal litigation, debt collection, insolvency law, estate planning, and...
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 clients’...
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...
Snaid & Morris inc
Johannesburg, South Africa

Founded in 2021
4 people in their team
English
We are a specialist legal firm based in Morningside Sandton. Our areas of expertise cover UK emigration and investment law, Insolvency Law, Litigation, Family Law, Mergers and acquisitions, contract law and debt collection. We also has a specialized labor law department which handles all matters...
Jonker Attorneys Incorporated
George, South Africa

Founded in 2011
English
Jonker Attorneys Incorporated, established in 2011, is a boutique law firm located in George, Western Cape, South Africa. The firm specializes in debt collection and offers a comprehensive range of legal services, including commercial law, family law, employment law, and civil litigation....
Adv.Thabo Malatji
Phalaborwa, South Africa

English
Adv. Thabo Malatji Law Firm, located in Phalaborwa, South Africa, offers comprehensive legal services with a focus on criminal law and litigation, business law, fraud, family law, and insolvency. The firm is led by Adv. Thabo Malatji, an Advocate of the High Court with over 30 years of experience,...
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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.