Best Bankruptcy Lawyers in South Africa

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Or refine your search by selecting a city:

Mase & Mukoyi Incorporated Attorneys

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...
Van Der Hoven Attorneys

Van Der Hoven Attorneys

Mokopane, South Africa

English
Van Der Hoven Attorneys, established in 2006, is a South African law firm specializing in debt review matters under the National Credit Act. Since 2009, the firm has handled over 77,000 debt review cases, assisting debt counsellors nationwide with successful referrals to Magistrates’ Courts....
Nkosana Moyo Attorney Inc

Nkosana Moyo Attorney Inc

1 hour Free Consultation
Johannesburg, South Africa

Founded in 2021
2 people in their team
English
About UsFounded in 2021 by Mr. Nkosana Moyo, Nkosana Moyo Attorney Inc. has rapidly established itself as a leading boutique law firm. Mr. Moyo brings a wealth of post-qualification experience from both inside and outside of legal practice, ensuring our clients receive expert guidance grounded in a...
Snaid & Morris inc

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...
Hamel Attorneys

Hamel Attorneys

Pretoria, South Africa

English
Hamel Attorneys, located in the heart of South Africa, is a prestigious law firm renowned for its comprehensive legal services and deep expertise across a wide range of practice areas. Specializing in bankruptcy, criminal justice, estate planning, family law, and labor relations among others, the...
Renier J Oelofsen Attorneys

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...
DUNSTER

DUNSTER

Cape Town, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
Dunsters Attorneys Cape TownWe’re a law firm with over 30 years’ experience guiding our clients through their commercial and litigation issues. Based in Cape Town, we represent clients around South Africa as well as overseas.We’re here to help you and your business succeed.Contact us today...
Jonker Attorneys Incorporated

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....
J Mabena Attorneys

J Mabena Attorneys

Kwamhlanga, South Africa

English
J Mabena Attorneys, established in 2001 by the esteemed attorney Mr. Jafta Mabena, has been a cornerstone of legal excellence in South Africa for over two decades. The firm is renowned for its dynamic, multi-faceted approach, emphasizing professionalism, integrity, and efficiency to deliver...
Dionne Lamprecht Inc.

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...
AS SEEN ON

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.