n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Comparative notes on the operation of some avoidance provisions in a cross-border context

Volume 21, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



In administering a bankrupt estate, the insolvency representative will examine transactions in which the debtor was involved before the onset of bankruptcy, to ascertain whether any of the debtor's property or assets that should be available for distribution among all creditors were disposed of improperly. These transactions may usually be contested with the aim of reclaiming those assets from the recipient or beneficiary for the benefit of the creditors as a group - hence the notion of claw-back provisions or the swelling of the assets of the estate.

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