bankruptcy south-africa
How does a liquidator set aside an attachment order during liquidation?
<p>How can a liquidator set aside an attachment order during a liquidation? 
Please excuse the lack of specificity on this question; it's an issue I need to understand for a commercial transactions exam, but the lecturer is refusing to explain himself. 
I understand this site is not directed specifically at South African law, but I'm looking for someone who can shed a little light on this with respect to the Insolvency Act and the Companies Act. </p>

<p>So I think perhaps the lecturer is referring to section 359(1)(b) of the Companies Act of 1973. It states:</p>

<p>"359. Legal proceedings suspended and attachments void.
(1) When the Court has made an order for the winding-up of a company
or a special resolution for the voluntary winding-up of a company has
been registered in terms of section 200- 
(a) all civil proceedings by or against the company concerned
shall be suspended until the appointment of a liquidator; and
(b) <strong>any attachment or execution put in force against the estate or
assets of the company after the commencement of the
winding-up shall be void</strong>.
[Sub-s. (1) amended by s. 24 of Act 83 of 1981.] "</p>
