Mondaq All Regions - New Zealand: Insolvency/Bankruptcy/Re-structuring
Wynn Williams Lawyers
In certain circumstances, insolvent transactions can be voidable under ss 292–296 of the Companies Act 1993 (NZ).
Chapman Tripp
The 2017 WA decision which overturned the view that set-off is effective against a receiver was successfully appealed.
Chapman Tripp
Recent Australian decision regarding DOCAs will influence NZ voluntary administration regime.
Cavell Leitch
This article addresses what the claw-back regime for liquidators is, and how creditors can try and protect themselves.
Wynn Williams Lawyers
Broad overview of the receivership process and the implications of a company being placed into receivership.
Chapman Tripp
Creditors with different rights or interests can be classed together in a compromise under Part 14 of the Companies Act.
Chapman Tripp
This was a reminder that only "material" information must be disclosed when a company is in voluntary administration.
Duncan Cotterill
New Insolvency Practitioners Bill proposes licensing framework where insolvency practitioners would require a license.
Chapman Tripp
The Government is moving to create a special regime to unwind Ponzi schemes in a way which is fair to all investors.
Wynn Williams Lawyers
The case is a reminder that a liquidation order will be dismissed when there are grounds to believe a debt is disputed.
Wynn Williams Lawyers
The respondent to the ex parte application was invited to appear without the need to file written submissions.
Chapman Tripp
The Code of Conduct is an innovation for the insolvency industry and should help to improve standards and integrity.
Wynn Williams Lawyers
These cases discuss liquidation orders on a Pickwick basis, personal guarantees, disputed debt and statutory demands.
Chapman Tripp
Despite uncertainty, the Insolvency Practitioners Bill has been picked up by the new government, but could be amended.
Wynn Williams Lawyers
The decision applies the voidable transaction regime to payments made by third parties on behalf of a debtor company.
Chapman Tripp
This WA decision may have overturned the hitherto accepted view that set-off remains effective against a receiver.
Chapman Tripp
The ability of a company to pay its due debts is to be assessed objectively, taking a "practical business perspective".
Chapman Tripp
The Supreme Court considered claw back claims under the voidable transactions regime in the context of Ponzi schemes.
Chapman Tripp
Payments from a third party can, in certain circumstances, be treated as being made by the debtor, and are voidable.
Chapman Tripp
These issues included compromise proposals, substitution of creditors, and vesting of property disclaimed by the OA.
Most Popular Recent Articles
Cavell Leitch
This article addresses what the claw-back regime for liquidators is, and how creditors can try and protect themselves.
Wynn Williams Lawyers
In certain circumstances, insolvent transactions can be voidable under ss 292–296 of the Companies Act 1993 (NZ).
Chapman Tripp
The 2017 WA decision which overturned the view that set-off is effective against a receiver was successfully appealed.
Chapman Tripp
The ability of a company to pay its due debts is to be assessed objectively, taking a "practical business perspective".
Chapman Tripp
Recent Australian decision regarding DOCAs will influence NZ voluntary administration regime.
Wynn Williams Lawyers
The respondent to the ex parte application was invited to appear without the need to file written submissions.
Chapman Tripp
Creditors with different rights or interests can be classed together in a compromise under Part 14 of the Companies Act.
Chapman Tripp
These issues included compromise proposals, substitution of creditors, and vesting of property disclaimed by the OA.
Wynn Williams Lawyers
Broad overview of the receivership process and the implications of a company being placed into receivership.
Wynn Williams Lawyers
The decision applies the voidable transaction regime to payments made by third parties on behalf of a debtor company.
Wynn Williams Lawyers
The case is a reminder that a liquidation order will be dismissed when there are grounds to believe a debt is disputed.
Chapman Tripp
Under the New Zealand PPSA, GE's interest would not have been entirely lost but its priority could have been affected.
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