PUBLICATIONS

If you have ever ‘stood-by’ a customer who is going through a rough patch by continuing to supply goods/services on credit and holding off on…

A company may be placed into liquidation by passing of a special resolution of its shareholders (see ss 106 and 241(2)(a) of the Companies Act…

So you want to serve a statutory demand. What does it mean? What are the consequences? What must the debtor do and by when? These…

Most commonly, creditors appoint a liquidator by utilising the statutory demand process (if the debt is more than $1000) and then if unsatisfied, file an…

On Occasion, it is useful to appoint an ‘interim liquidator’ to hold the fort while the usual process is traversed. The Court may appoint an…

Liquidation of Corporate Trustees. It is well reported that New Zealanders are keen establishers of trusts. Thanks to trusts, property owners are able to create…

Receivership is a process in which a secured creditor appoints a receiver to collect and sell the debtor’s assets over which the secured creditor has…

If debtors don’t or can’t pay, it can result in bankruptcy. Bankruptcy can occur when an individual is unable to pay their debts as they…

If a debtor is unable to repay its debts and believes there is no prospect of this changing, the No Asset Procedure (“NAP”) provides an…

Part 5 of the Insolvency Act 2006 enables a debtor to enter into an arrangement with creditors. Part 5 may be a good alternative for…

An attachment order is an order directing the judgment debtor’s employer to deduct a specific sum (or percentage) of the judgment debtor’s wage/salary (or even…

If you have judgment, you can possibly obtain a warrant to seize property and sale, possession, charging and garnishee orders. All these options provide the…

Bankruptcy is a way to relieve a person of debts they owe to creditors, and where possible, repay those debts from the bankrupt’s estate. It…