Question: sequestration order is subsequently granted and she is declared insolvent. Simphiwe is indebted to the following creditors: ABSA Home Loan R 8 5 0 0
sequestration order is subsequently granted and she is declared insolvent. Simphiwe is indebted to the following creditors: ABSA Home Loan R Capitec Credit Card Facility R Foshini Clothing Account R BuildIt Construction Cofor building services rendered and left unpaid by Simphiwe R Total outstanding liabilities R You are appointed by the Master of the High court and thereafter by the creditors to act as the Trustee for Simphiwes insolvent estate. As the trustee, you are required to draw up the basic accounts for the insolvent estate, including the liquidation, distribution and contribution accounts. As the trustee, you are also required to convene the necessary creditors meetings. ABSA Home Loans approaches you and states that they are a secured preferent creditor and therefore ought to be paid first from the distribution of the net assets in Simphiwes insolvent estate. ABSA Home Loans further contends that BuildIt Construction Co is a concurrent creditor and will be the last to share in the proceeds of the insolvent estate. During the course of the insolvency proceedings, Simphiwe becomes terminally ill and passes away. Her family approaches you to clarify the hierarchy of funeral and deathbed expenses as a claim to the estate. When Simphiwe passes away, her family also discovers that she owes SARS RTwentyFive Thousand Rands in income tax that remains unpaid. As the trustee, you are required to give a written opinion on whether ABSA Home Loans is a preferent secured creditor. You must further discuss how you, as the trustee, will identify and deal with the other creditors claims and preferent claims including outstanding income tax owed to SARS and Simphiwes funeral expenses You are required to substantiate your answer. E
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