Insolvency law is a powerful legal tool to protect the rights of creditors, recover misappropriated assets, and hold parties accountable for financial misconduct. At RSW Law, we act for liquidators, business rescue practitioners, creditors, financial institutions, and interested parties across the full spectrum of insolvency litigation and advisory matters.
Our Services:
Advice, Litigation and
Interrogations Laws
We advise on, initiate, and oppose litigation under the Insolvency Act, the old Companies Act, and the Close Corporations Act—including interrogations and legal recovery strategies.
Application to Compel
Provision of Information
We bring court applications to compel parties to disclose books, records, or other key information necessary to trace assets or investigate misconduct.
Applications to Foreign Courts
to Extend SA Orders
We assist with cross-border enforcement, applying to foreign courts to recognise and implement South African liquidation or sequestration orders.
Claims Against
Former Directors
We pursue legal claims against directors for misconduct, reckless trading, or unlawful dispositions made prior to liquidation.
Debt
Collection
We recover outstanding debts efficiently, with a strong track record in litigation, enforcement, and structured recovery arrangements.
Eviction
Orders
We obtain eviction orders where insolvent estates or liquidators are unlawfully denied access to or use of property.
Extension
of Powers
We bring High Court applications to extend the powers of liquidators or trustees, allowing for broader investigations, recoveries, or asset management.
Insolvency
Litigation
We litigate complex insolvency matters, including disputes over claims, voidable transactions, director liability, and competing creditor interests.
Formal
Interrogations
We conduct and advise on formal interrogations to uncover financial wrongdoing, trace assets, and prepare for further legal action.
Liquidations (Including
Urgent Applications)
We prepare, prosecute and oppose liquidation applications.
Rehabilitation
of Individuals
We assist individuals with the legal process of being rehabilitated from sequestration, restoring financial and legal standing.
Representation of Insolvency
Professionals and Stakeholders
We act for trustees, liquidators, business rescue practitioners, financial institutions, and creditors in insolvency proceedings, providing litigation support and legal oversight.
Sequestrations
Applications
We prepare, prosecute and oppose sequestration applications.
Setting Aside
of Dispositions
We apply to set aside transactions made prior to insolvency that unfairly prefer one creditor over another or were made without value, including:
- Voidable preferences
- Undue preferences
- Collusive dealings
- Dispositions without value
- Sale or transfer of assets designed to defeat creditors.
Trace and Attachment
of Property
We investigate and locate misappropriated or concealed assets and obtain court orders for their attachment and return to the insolvent estate.
Why Choose Us
We combine strategic litigation skills with deep knowledge of the Insolvency Act, Companies Acts, and relevant cross-border instruments to ensure efficient recoveries and legally sound outcomes, even in complex, high-stakes situations.
