"FORCED SALE" VALUATIONS NOT ENOUGH TO PROVE INSOLVENCY Sequestrating a debtor's estate is a legitimate - and often powerful - method of debt-collection. But, held the High Court recently, in proving that a debtor is factually insolvent, you cannot rely on a "forced sale" valuation of the debtor's assets - they must be shown at "fair market value". Make sure that your valuer is briefed accordingly, or your application will fail! Recent Articles for February 2010; Source: www.dotnews.co.za |
 |