He has subsequently obtained his LLB degree and was admitted as an Attorney.

During 2011 Breyten became a Partner of Danie Potgieter Attorneys.

Currently he is busy with a Deploma in Advance Insolvency Litigation and Administration.

Breyten has advanced experience in Insolvency Law, Corporate Structuring, Corporate Rescues (both in legal and commercial mechanisms) and Trust Law. His experience was built from grassroots level.

In a relatively short career span, Breyten has consulted with almost 2000 big and small companies and individuals.

Even before Breyten was admitted as an Attorney, legal professionals asked his advice and respected his opinions.

Breyten did an academic paper on the South African Economy and Insolvency, in which he conveyed ground braking reform regarding certain aspects in Insolvency Law.

The sequestration process consists of the following:

1. Advertising the motion in the government gazette and a regional newspaper.

2. A statement of debtors affairs lays for perusal for a certain amount of time.

3. Creditors letters are sent out to inform creditors of the sequestration process that will follow.

4. Court documents are filed and heard.

We take full control over the sequestration process. We understand what needs to be done.

For an in depth view of the sequestration process, please give our office a call and setup an appointment.

Voluntary sequestration is a process where you are the applicant that brings the voluntary sequestration.

Hostile sequestration and voluntary sequestration?

Hostile sequestration as opposed to voluntary sequestration is a process whereby one of your creditors applies to sequestrate you.

It is almost always better to do a voluntary sequestration as creditors have the normal litigation route which is much cheaper than bringing a hostile sequestration application against you. Creditors will only in very limited circumstances bring an application for your sequestration.

Voluntary Sequestration vs Friendly Sequestration

Voluntary sequestration as opposed to friendly sequestration has more weight to court. In a friendly sequestration your friend is the applicant and he brings a sequestration application against you. The court has the viewpoint that, because your friend does not have to know all the facts, that would be placed before a court in a voluntary sequestration, that a friendly sequestration is not the right mechanism to use, but rather favours a voluntary sequestration.

This is not to say that there is no place in the South African Law for Hostile and Friendly Sequestrations. No, they have their place and they are good mechanisms if the litigation process fails.

In short, make an appointment and speak to us about voluntary sequestration.

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This info piece on voluntary sequestration was written by:

Breyten Potgieter from Danie Potgieter Attorneys.

Thank You.

Well, today we have decided to recreate it from scratch with some new functionality.

Stay tuned as we will bring still more improvements.

Breyten Potgieter

We expect that it would become operational in the last quarter of 2011.

If you have any new news please let us know in the comments.

Update: The New Companies 2010 Act has become effective as of 1 May 2011.

Breyten

• Well known Attorney and Experienced Businessman
• Successful Property Investor
• Consulted about 40,000 Businessman during his career
• Has rescued about 150 Companies over his career
• Business Advisor for Small Businesses to Multi Billion Rand Businesses
• Specialist Attorney:
  • Insolvency Law,
  • Corporate Structuring
  • Asset Protection
  • Tax Strategy
  • Trust Law
  • Company & Business Rescues
  • Companies with tax problems
• Consulted about 40,000 Businessman during his career
• Streetwise, well known & Respected in the business community
• Does Court Cases all over SA
• Lectures in Law (on insolvency) – Several Universities in SA in the past – Currently involved with L.E.A.D (Legal Education and Training) under hospice of the Law Society where he lectures in Insolvency Law to mostly post graduates
• Wrote Book on Insolvency for the Layman
• Judges often complemented Danie on his work.
• Sequestrated in 1991 – Made tremendous comeback

Apart from his formal legal qualifications Danie has also earned a degree in Streetwisdom from the School of Hard Knox

Well known Attorney and Businessman, who has an excellent knowledge  of the fields of law in which we specialize.Many other attorneys and  advocates regularly seek Danie’s advice on Insolvency matters. He is  well known all over South Africa and handles insolvency matters and  corporate structuring all over SA.Many Insolvency matters are referred  to Danie by his colleagues and Auditors. Even Judges have often  complemented Danie on his work.Danie is also a practical man and he  knows the “trade secrets” and tactics of his business.

He is Involved with the training of Candidate Attorneys for the past  nine years and he lectures Insolvency Law at LEAD  (Legal Education and  Development) under the hospice of The Law society at inter alia the  University

of Pretoria. Danie was previously the Principal owner of one  of the Largest Independent Insurance Broking Houses in South Africa and  he also owned a motorcar dealership. He took a few wrong business  decisions and was personally sequestrated (and his Businesses  Liquidated) at age 36, where after he re-planned his career. He  thereafter started and finished his law studies at Unisa and established  Danie Potgieter Attorneys in 1999, specializing in Insolvency Law,  Trust Law and Corporate Structuring.In 1998, even before Danie’s Legal  studies were completed, he wrote a book “Sekwestrasie – Wat Nou?”

Danie has over many years ventured into a lot of business enterprises  (about 40 in  total), as diverse as Direct Sales, a Motor vehicle  dealership, Commodity Trading, Share Trading, the Clothing Industry,  Property Investment (Commercial & Residential), writing and public  speaking, to name just a few.At this moment, his only interest outside  the Law is the management of a Commercial Property Portfolio.