Question: please reference and add footnotes and bibliography Question 1 (Marks: 100) Trevor and Lerato are married in community of property. Lerato is a full-time student,

please reference and add footnotes and bibliography

please reference and add footnotes and bibliography Question 1 (Marks: 100) Trevor

Question 1 (Marks: 100) Trevor and Lerato are married in community of property. Lerato is a full-time student, aiming to complete her master's degree at the end of 2021. Trevor is a businessman and owns his own import/ export business, which he runs as a sole proprietor. As a result of political and economic instability in South Africa, four of Trevor's biggest customers cancel their contracts with Trevor. The business suffers a huge financial loss and it is unable to recover from it. PLEASE NOTE - where a question contains an assumption, the assumption is only applicable to that question unless the context indicates otherwise. Q.1.1 Mbulelo, one of Trevor's creditors, has a claim of R25 000 against Trevor for goods (40) sold and delivered five months ago. Mbulelo approaches you for advice. He wants to apply for the sequestration of Trevor's estate. He informs you that Trevor made an arrangement with some of his (Trevor's) creditors in terms of which Trevor will pay his creditors 30 cents in the rand and in return he will be released from paying the balance of his debt. With reference to authority, advise Mbulelo fully on: What he must prove to be successful in his application. All the steps in the sequestration process up to and including the granting of the final sequestration order. Q.1.2 Mbulelo is uncertain as to which court to approach for the sequestration (15) application. Trevor and Lerato own a house in Sandton, Johannesburg, but at the moment they are living in an apartment in Menlyn, Pretoria. Trevor's business is situated in Braamfontein, Johannesburg. Explain to Mbulelo which courts have jurisdiction in this matter. Q.1.3 With reference to relevant authority, discuss the courts' approach with regards to (15) convenience where courts have competing jurisdiction. The Independent Institute of Education [Pty) Lid 2021 Page 3 of 4 18; 19; 20, 21 2021 Q.1.4 Assume, for this question, that Trevor wants to apply for the voluntary surrender of (20) his estate. Draft the NOTICE OF MOTION (together with affidavit) that would be used in this application. Provide your own additional information as and when needed. Q.1.5 In table format, list at least 10 differences between compulsory sequestration and (10) voluntary surrender of an estate. [TOTAL MARKS: 100]

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