MRL 3701 INSOLVENCY LAW EXAM PACK ANSWERS (2019 -2014) AND 2020 BRIEF NOTES

Inability to pay debts is, at most merely evidence of insolvency. (page 3)
b) Brenda’s application for voluntary surrender must be set out the causes of her
insolvency in some detail to enable the court to determine whether the
application is .........................
c) Christopher commits an act of insolvency by departing from his dwelling with the
intent by doing so to evade payment of his debts.(page 36)
d) The court must be mindful of the fact that where a debtor and creditor in
sequestration proceedings are not at arm’s length, there is considerable potential
for .......................
e) If a trustee elects to set aside a contract, he may recover any performance
rendered by the insolvent, but he must also restore to the third party any
perfomance that the insolvent has received under the transaction.
f) Dave is a miner, and his right to a benefit or a reward, or money paid to him as a
miner, does not form part of his insolvent estate. (page 72)
g) One of the duties of the sheriff on receiving a sequestration order is to serve a
copy of the order on the solvent spouse if she has a separate estate that has not
been sequestrated. (page 81)
h) Section 84(1) of the Insolvent Act presupposes that the seller is the owner of the
property sold (the res vendita). (page 96)
i) If the insolvent has carried out his side of the contract and only the other party’s
performance is outstanding, the right to that performance is an asset in the
insolvent estate and vests in the trustee. (page 86)
j) Kim, the trustee of Lee’s estate, is obliged to convene a general meeting of
creditors by means of a notice that must state the matters to be dealt with at the
meeting. (page 111-112)
k) Where the insolvent contracted to acquire immovable property and the property
has not been transferred to him, the trustee must make his election to uphold or
repudiate the contract within six weeks after receiving written notice from the
other party calling upon him to do so.(page 88)
l) If the creditors elect a trustee unlawfully, the Master is not obliged to confirm the
election. (page 124)
m) In deciding whether a disposition was made in the ordinary course of business,
an objective test is applied. (page 143