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An insolvent can apply to Court for Rehabilitation 4 years after the date of provisional Sequestration. In some instances the Insolvent can apply sooner. There are 7 Sections in the Insolvency Act with 8 circumstances under which you can Rehabilitate. Each of these instances has it’s own time frame. An insolvent is automatically rehabilitated after a period of 10 years has expired from date of Sequestration.

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Financial Rehabilitation Prosess

1. Required Documentation

  • The sequestration order

  • Certificate of appointment of curator

  • The Article 81 report

  • The first and final Liquidation and Distribution account (L & D)

  • Enforced letter in respect of the first and final Liquidation and Distribution account

  • Date when the first and final Liquidation account was enforced by the Master of the High Court.

 

2. Notice in the Government Gazette

When we receive the relevant documents a notice is published in the Government Gazette and an affidavit is drafted for the clients signature before a Commissioner of Oaths.
 

3. Permission for the Rehabilitation to be lodged

A report is requested from the Curator and the Master of the High Court, which gives permission for a Rehabilitation application to be lodged. The report from the Master can take anything from two weeks to three months to obtain and is necessary before we can proceed with the application.

4. Application  presented on your behalf

An Advocate will present the application on your behalf. There is no need for you to attend the court hearing in person. We will notify you of the outcome. A court order will be granted within 10 to 15 days.

5. ITC Clearance

The court order is then sent to the credit bureau along with the rehabilitation order, sequestration order, certified copy of client’s Identity document and the statement of Debtor’s affairs (list of Credit Providers).

6. Timeframe for Clearance

It takes approximately 21 days to update the Credit Bureau’s records. There are instances where it can take longer. We will discuss this with you at the time of the Rehabilitation application.

Benefits of Financial Rehabilitation

1. Financially independent again

Rehabilitation puts an end to your status as an insolvent which would have arisen when you were sequestrated and allows you to effectively exit Sequestration.

 

2. Credit Report Staus is updated

All adverse listings are cleared from your credit report and you are once again able to obtain credit responsibly.

Disadvantages Financial Rehabilitation

1. Obtaining Credit

In some instances the FInancial Institutions that lost money in your Sequestration are often difficult. However, you can apply for credit with institutions who did not form part of your insolvent estate as they will normally help you. Some Credit Providers might want you to go through a “probation” period, to determine how you deal with accounts they open for you. Take credit responsibly and pay your installments on time every month until you have built up a good relationship with your Credit Providers again.

 

2. Rehabilitation Notice on your Credit Report

The Rehabilitation Notice will remain on your credit report for 5 years.

Cost of Financial Rehabilitation

It costs R18,000.00 to Rehabilitate. An arrangement can be made to pay this fee over 3 months @ R6,000.00 per month.