Personal Insolvency & Sequestration Lawyers in Johannesburg
When personal debts become unmanageable, the right response depends on income, assets, liabilities and creditor action. Hugh Raichlin Attorneys assists with legal advice on personal insolvency and sequestration, including applications, responses and related creditor issues.
Brief initial telephone discussion at no charge. A paid consultation is arranged where appropriate. Attorney follow-up is ordinarily within one working day.
This page is for you if…
- You cannot meet debts and need to understand the options.
- A creditor has threatened or started sequestration proceedings.
- You need to assess voluntary surrender and its consequences.
- Your position involves property, business interests or suretyships.
How Hugh Raichlin Attorneys can help
Assess suitability and alternatives
We review the financial position and legal requirements, including the interests of creditors. Negotiation or a suitable debt-review process may need to be considered instead of, or before, an insolvency application.
Advise on proceedings
Voluntary surrender and creditor-initiated sequestration have different requirements. We can prepare or respond to the appropriate process where the facts justify it.
Explain consequences and responsibilities
Assets, income, transactions, cooperation with the trustee and later rehabilitation require careful explanation. Full and truthful disclosure is essential.
What to consider before deciding
No automatic protection of every asset
The treatment of a home, vehicle, business or other asset depends on the law and facts. Do not rely on promises that everything will be retained.
Debt review is a different process
Debt review involves its own eligibility, process and repayment arrangements. HRA does not claim to be your registered debt counsellor; appropriate regulated advice may be needed.
Early advice matters
Do not transfer assets, prefer selected creditors or ignore served papers in an attempt to improve the position. Such steps can create additional legal risk. Explain imminent dates in the first contact.
Deciding the appropriate response
Financial overview
Income, assets, liabilities and creditor action assessed together.
Legal suitability review
Whether the legal requirements for an insolvency process can be met.
Negotiation or debt-review referral
A structured repayment or regulated debt-review route where appropriate.
Sequestration response or application
Preparing or responding to proceedings where the facts justify it.
The suitable route depends on the financial position and the law. No automatic approval, debt-erasure or savings outcome follows from an enquiry.
The next steps
- 1Prepare a complete financial overview and identify creditor steps.
- 2Assess legal requirements, alternatives and likely consequences.
- 3Agree a lawful strategy and scope of representation.
- 4Complete required proceedings and explain ongoing duties and later options.
Information to prepare
Asset/liability list; income and expenses; creditor statements; legal notices; property and business interests; suretyships; recent significant transactions; previous debt-review or insolvency information.
Common mistakes to avoid
Avoid hiding assets, manufacturing debts, believing in guaranteed write-offs, paying unverified intermediaries or assuming an enquiry suspends creditor proceedings.
Relevant experience for your matter
HRA assists with personal and corporate insolvency matters, allowing related business, property and creditor issues to be assessed rather than treated as isolated debts.
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Commercial, property and insolvency experience relevant to personal financial distress.
View Hugh's profileFrequently asked questions
Is sequestration available to everyone with debt?
No. Legal requirements and the particular financial position must be assessed.
Will I keep my home?
That cannot be promised. The treatment of assets depends on the facts and legal process.
Is debt review the same as sequestration?
No. They have different requirements and consequences. A registered debt counsellor may be relevant to the debt-review route.
Does submitting this enquiry stop creditors?
No. Existing legal steps and deadlines continue unless a legally effective measure changes them.
Related services
Useful sources
Assess the position before acting.
Tell us about the debts, assets, creditor steps and any deadlines. We will assess the legal requirements and the alternatives before recommending a route.
What happens next?
Start with a brief telephone discussion so the firm can understand your matter and decide whether it may assist. That initial discussion is free. Where appropriate, a paid consultation is arranged, usually in person; remote arrangements may be considered.
You can begin through our AI-assisted WhatsApp enquiry service at any time. It gathers initial information and does not provide legal advice. Suitable prospective clients ordinarily receive an attorney call within one working day. A message does not confirm an appointment, acceptance of a matter or action on a deadline.
Speak to Hugh Raichlin Attorneys
Visit us by arrangement at 1 The Avenue, Norwood, Johannesburg 2192. Office hours are Monday–Friday, 08:30–17:00. New enquiries and WhatsApp: 011 010 8336. Email: reception@raichlin.co.za. Existing clients should use 011 483 1527.
Website information is general and is not legal advice. Every matter depends on its facts. Please send sensitive documents only when requested through an appropriate channel.
This website provides general information, not legal advice. Sending an enquiry does not by itself create an attorney-client relationship. Each matter is assessed on its own facts.