Best Lawyers for Insolvency and Reorganization Law in Gauteng, South Africa

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Juliette de Hutton
Lawyer
Juliette de Hutton was awarded  "Lawyer of the Year" in

Juliette de Hutton

Bowmans
  • Location:
    Cape Town, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Thabisile Dlamini
Lawyer
Thabisile Dlamini was awarded  "Lawyer of the Year" in

Thabisile Dlamini

STBB
  • Location:
    Blouberg, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Wildu du Plessis
Lawyer
Wildu du Plessis was awarded 2020 "Lawyer of the Year" in Elasticsearch.PracticeArea

Wildu du Plessis

Baker McKenzie LLP
  • Location:
    Sandton, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law Structured Finance Law Banking and Finance Law Capital Markets Law
Grant Ford
Lawyer
Grant Ford was awarded 2020 "Lawyer of the Year" in Elasticsearch.PracticeArea

Grant Ford

Bernadt, Vukic, Potash & Getz Attorneys
  • Location:
    Cape Town, South Africa
  • Practice Areas:
    Litigation Arbitration and Mediation Insolvency and Reorganization Law
Peter Hesseling
Lawyer
Peter Hesseling was awarded  "Lawyer of the Year" in

Peter Hesseling

Cliffe Dekker Hofmeyr
  • Location:
    Cape Town, South Africa
  • Practice Areas:
    Mergers and Acquisitions Law Private Equity Law Corporate Law Insolvency and Reorganization Law
Julian Jones
Lawyer
Julian Jones was awarded  "Lawyer of the Year" in

Julian Jones

Cliffe Dekker Hofmeyr
  • Location:
    Sandton, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Tobie Jordaan
Lawyer
Tobie Jordaan was awarded  "Lawyer of the Year" in

Tobie Jordaan

Cliffe Dekker Hofmeyr
  • Location:
    Sandton, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Lara Kahn
Lawyer
Lara Kahn was awarded  "Lawyer of the Year" in

Lara Kahn

Webber Wentzel
  • Location:
    Cape Town, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Leonard Katz
Lawyer
Leonard Katz was awarded  "Lawyer of the Year" in

Leonard Katz

ENSafrica
  • Location:
    Cape Town, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Eric Levenstein
Lawyer
Eric Levenstein was awarded  "Lawyer of the Year" in

Eric Levenstein

Werksmans Attorneys
  • Location:
    Sandton, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Ntlhane Makena
Lawyer
Ntlhane Makena was awarded  "Lawyer of the Year" in

Ntlhane Makena

ENSafrica
  • Location:
    Sandton, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Richard Marcus
Lawyer
Richard Marcus was awarded  "Lawyer of the Year" in

Richard Marcus

Cliffe Dekker Hofmeyr
  • Location:
    Cape Town, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Nicola Nolan
Lawyer
Nicola Nolan was awarded  "Lawyer of the Year" in

Nicola Nolan

ENSafrica
  • Location:
    Sandton, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Rainer Nowak
Lawyer
Rainer Nowak was awarded  "Lawyer of the Year" in

Rainer Nowak

Webber Wentzel
  • Location:
    Cape Town, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Gary Oertel
Lawyer
Gary Oertel was awarded 2020 "Lawyer of the Year" in Elasticsearch.PracticeArea

Gary Oertel

ENSafrica
  • Location:
    Sandton, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Lucinde Rhoodie
Lawyer
Lucinde Rhoodie was awarded  "Lawyer of the Year" in

Lucinde Rhoodie

Cliffe Dekker Hofmeyr
  • Location:
    Cape Town, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
David Scholtz
Lawyer
David Scholtz was awarded  "Lawyer of the Year" in

David Scholtz

Webber Wentzel
  • Location:
    Sandton, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law Litigation
Colin Jeffrey Strime
Lawyer
Colin Jeffrey Strime was awarded  "Lawyer of the Year" in

Colin Jeffrey Strime

Fluxmans Attorneys
  • Location:
    Johannesburg, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law Litigation
Andre Symington
Lawyer
Andre Symington was awarded  "Lawyer of the Year" in

Andre Symington

ENSafrica
  • Location:
    Cape Town, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Kylene Weyers
Lawyer
Kylene Weyers was awarded  "Lawyer of the Year" in

Kylene Weyers

Cliffe Dekker Hofmeyr
  • Location:
    Sandton, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law
Peter Whelan
Lawyer
Peter Whelan was awarded 2020 "Lawyer of the Year" in Elasticsearch.PracticeArea

Peter Whelan

Bowmans
  • Location:
    Cape Town, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law Litigation
Paul Winer
Lawyer
Paul Winer was awarded  "Lawyer of the Year" in

Paul Winer

ENSafrica
  • Location:
    Sandton, South Africa
  • Practice Areas:
    Insolvency and Reorganization Law

  • Location:
  • Practice Areas:

Practice Area Definition

Insolvency and Reorganization Law Definition

“Insolvency” broadly refers to the situation – 

where the liabilities of an individual or legal entity exceed the value of his/her/its assets (traditionally termed factual or balance-sheet insolvency); or

where an individual or legal entity is unable to pay his/her/its debts as and when they fall due for payment in the ordinary course (usually referred to as commercial or cash-flow insolvency). 

Insolvency can lead to the sequestration or liquidation of a debtor’s estate. Upon a sequestration or liquidation order being granted, a concursus creditorum is established and “the hand of the law is laid upon the estate, and at once the rights of the general body of creditors have to be taken into consideration … and nothing can thereafter be allowed to be done by any of the creditors to alter the rights of the other creditors.” (Walker v Syfret NO 1911 AD 141) 

In the South African context, “reorganisation” or “restructuring” law refers either to an informal reorganisation of an insolvent business through negotiation/agreement or to a formal “business rescue”, as defined in chapter 6 of the Companies Act, 2008. Business rescue aims to facilitate the rehabilitation of financially distressed companies through various mechanisms provided for in this Act.  

Insolvency and reorganisation law in South Africa is largely governed by the Insolvency Act, 1936 (as amended); the Companies Act, 1973; and the 2008 Companies Act. While traditionally considered to be a litigation practice area, the changing landscape of insolvency law means that insolvency attorneys are increasingly required to be proficient in a number of other fields, such as corporate and commercial law, transactional law, and labour law. This can largely be attributed to the increasingly complex nature of company structures and the introduction of the business rescue regime, which, as alluded to above, requires a restructuring of the affairs of distressed companies such that they are able to continue in existence as solvent entities. This, in turn, requires attorneys to address a myriad other legal and commercial issues, such as the procurement of post-commencement financing, debt restructuring, and the development and implementation of a viable business rescue plan. However, if insolvency is inevitable, the strategy becomes one of minimising loss and maximising returns for creditors by way of the sale of the assets in settlement of claims either by way of negotiation, business rescue, or traditional insolvency procedures.

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“Insolvency” broadly refers to the situation – 

where the liabilities of an individual or legal entity exceed the value of his/her/its assets (traditionally termed factual or balance-sheet insolvency); or

where an individual or legal entity is unable to pay his/her/its debts as and when they fall due for payment in the ordinary course (usually referred to as commercial or cash-flow insolvency). 

Insolvency can lead to the sequestration or liquidation of a debtor’s estate. Upon a sequestration or liquidation order being granted, a concursus creditorum is established and “the hand of the law is laid upon the estate, and at once the rights of the general body of creditors have to be taken into consideration … and nothing can thereafter be allowed to be done by any of the creditors to alter the rights of the other creditors.” (Walker v Syfret NO 1911 AD 141) 

In the South African context, “reorganisation” or “restructuring” law refers either to an informal reorganisation of an insolvent business through negotiation/agreement or to a formal “business rescue”, as defined in chapter 6 of the Companies Act, 2008. Business rescue aims to facilitate the rehabilitation of financially distressed companies through various mechanisms provided for in this Act.  

Insolvency and reorganisation law in South Africa is largely governed by the Insolvency Act, 1936 (as amended); the Companies Act, 1973; and the 2008 Companies Act. While traditionally considered to be a litigation practice area, the changing landscape of insolvency law means that insolvency attorneys are increasingly required to be proficient in a number of other fields, such as corporate and commercial law, transactional law, and labour law. This can largely be attributed to the increasingly complex nature of company structures and the introduction of the business rescue regime, which, as alluded to above, requires a restructuring of the affairs of distressed companies such that they are able to continue in existence as solvent entities. This, in turn, requires attorneys to address a myriad other legal and commercial issues, such as the procurement of post-commencement financing, debt restructuring, and the development and implementation of a viable business rescue plan. However, if insolvency is inevitable, the strategy becomes one of minimising loss and maximising returns for creditors by way of the sale of the assets in settlement of claims either by way of negotiation, business rescue, or traditional insolvency procedures.