Name: MRL3701 ASSIGNMENT 2 – SEMESTER 1 (2025) – DUE 13 MAY 2025 📚 ✍️✨ - StudyPass
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MRL3701 ASSIGNMENT 2 – SEMESTER 1 (2025) – DUE 13 MAY 2025 📚 ✍️✨

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QUESTION:

Kabelo’s estate was sequestrated in 2021 and he has not yet been rehabilitated. Dennis was appointed as the trustee of the insolvent estate. The assets in Kabelo’s estate were insufficient to cover the sequestration costs. As a result, all his creditors had to pay a contribution and the concurrent creditors did not receive dividends.

Kabelo recently won a motor vehicle worth R200 000 in a competition which was run by the Mall of South Africa. When Dennis heard of the news, he claimed delivery of the car. Kabelo really likes the car and wants to keep the car.

Kabelo comes to you for advice. He wants to know whether he has to deliver the car to the trustee or if there are ways he could keep the car. By referring to relevant legislation, advise Kabelo.

Description

SUGGESTED ANSWER TO ASSESSMENT 2:

Your answer to this question should consist of two parts. First, attention should be given to whether the car forms part of the insolvent estate. In this regard the provisions of sections 20 and 23 of the Insolvency Act, which are considered in Hockly chapter 5, are relevant.
The second part of your answer should concern declaratory orders.

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Description

SUGGESTED ANSWER TO ASSESSMENT 2:

Your answer to this question should consist of two parts. First, attention should be given to whether the car forms part of the insolvent estate. In this regard the provisions of sections 20 and 23 of the Insolvency Act, which are considered in Hockly chapter 5, are relevant.

The second part of your answer should concern declaratory orders.

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