This tenth edition of Hockly’s Insolvency Law has been renamed Hockly’s Law of Insolvency, Winding-up and Business Rescue to reflect the changes to the three main fields that it discusses.

Features distinguishing this tenth edition include these:

• Developments over the last ten years since the previous edition are summarized, including the statutory changes and the decisions of the Constitutional Court and the Supreme Court of Appeal and leading decisions of the High Court.
• In particular, business rescue is now discussed in three chapters, and the company’s compromise with its creditors is discussed in its own separate chapter.
• The introduction encourages readers to consider the need for reforming insolvency law in the 21st century, to read the law with a critical and creative eye, and to ponder the policy choices to be made.
• Chapter 7 on uncompleted contracts has been rearranged, opening with a pigeonholing approach to analysing contracts, followed by a statement of the supporting common law and a discussion of a series of specific contracts analysed according to which of the contractants is now in sequestration or liquidation.
• The text is even more accessible, with extra explanation for readers with limited library access, and the book is available as an e-book.
• Learners with a strong visual sense are shown examples of diagrams and timelines to help analyse complicated sets of facts and apply complicated provisions to them. It is recommended that they should identify the debtor in red in their diagrams.

DEDICATION 

PREFACE 

TABLE OF CASES 

TABLE OF STATUTES 

PART 1 Introduction

• CHAPTER 1 Introduction

PART 2 Obtaining a sequestration order

• CHAPTER 2 Voluntary surrender
• CHAPTER 3 Compulsory sequestration
  

PART 3 Effects of sequestration

• CHAPTER 4 The legal position of the insolvent
• CHAPTER 5 Vesting of the assets of the insolvent
• CHAPTER 6 Vesting of the assets of the solvent spouse
• CHAPTER 7 Uncompleted contracts and legal proceedings not yet finalised

PART 4 Collection of estate assets

• CHAPTER 8 Preservation of the estate pending the trustee’s appointment
• CHAPTER 9 Meetings of creditors and proof of claims
• CHAPTER 10 The election of the trustee
• CHAPTER 11 The duties and powers of the trustee
• CHAPTER 12 Impeachable dispositions
• CHAPTER 13 Interrogation of the insolvent and other witnesses
• CHAPTER 14 The duties of the insolvent 

PART 5 Realization and distribution of the assets

• CHAPTER 15 Realisation of the estate assets 
• CHAPTER 16 Creditors’ claims and their ranking
• CHAPTER 17 The estate accounts and the distribution of the estate

Part 6 Composition and rehabilitation

• CHAPTER 18 Composition
• CHAPTER 19 Rehabilitation

PART 7 Miscellaneous

• CHAPTER 20 Partnership and sequestration 
• CHAPTER 21 Insolvent deceased estates
• CHAPTER 22 Offences

PART 8 Winding-up and rescue of companies and close corporations

• CHAPTER 23 Winding-up of companies
• CHAPTER 24 Winding-up of close corporations
• CHAPTER 25 The commencement of business rescue proceedings
• CHAPTER 26 The effects of business rescue proceedings
• CHAPTER 27 The conduct of business rescue proceedings
• CHAPTER 28 Compromise with creditors

PART 9 Cross-border insolvency

• CHAPTER 29 Cross-border insolvency

APPENDICES

• APPENDIX 1: Specimen applications and forms
• APPENDIX 2: Insolvency Act 24 of 1936
• APPENDIX 3: Companies Act 61 of 1973, Chapter XIV
• APPENDIX 4: Companies Act 71 of 2008, Chapter 2, Part G
• APPENDIX 5: Companies Act 71 of 2008, Chapter 6
• APPENDIX 6: Close Corporations Act 69 of 1984, Part IX
• APPENDIX 7: Cross-Border Insolvency Act 42 of 2000

INDEX

• Undergraduate and postgraduate students

• Insolvency practitioners

• Subject specialists