Mondaq All Regions - New Zealand: Insolvency/Bankruptcy/Re-structuring
Duncan Cotterill
The Act removes an escape for directors and company officers by imposing mandatory reporting obligations on liquidators.
Cavell Leitch
The risk for Mainzeal directors is that the Court of Appeal may decide they are personally liable for over $36 million.
Chapman Tripp
Although the UK cases are limited to administrations, the principles are applicable to NZ administrators and liquidators.
Chapman Tripp
This decision confirms that a DoCA approved by creditors cannot be stymied by unwilling directors or a board's consent.
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.
Most Popular Recent Articles
Wynn Williams Lawyers
The respondent to the ex parte application was invited to appear without the need to file written submissions.
Cavell Leitch
This article addresses what the claw-back regime for liquidators is, and how creditors can try and protect themselves.
Wynn Williams Lawyers
These cases discuss liquidation orders on a Pickwick basis, personal guarantees, disputed debt and statutory demands.
Cavell Leitch
The risk for Mainzeal directors is that the Court of Appeal may decide they are personally liable for over $36 million.
Wynn Williams Lawyers
Broad overview of the receivership process and the implications of a company being placed into receivership.
Chapman Tripp
Although the UK cases are limited to administrations, the principles are applicable to NZ administrators and liquidators.
Chapman Tripp
The 2017 WA decision which overturned the view that set-off is effective against a receiver was successfully appealed.
Wynn Williams Lawyers
In certain circumstances, insolvent transactions can be voidable under ss 292–296 of the Companies Act 1993 (NZ).
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 decision confirms that a DoCA approved by creditors cannot be stymied by unwilling directors or a board's consent.
Chapman Tripp
The Code of Conduct is an innovation for the insolvency industry and should help to improve standards and integrity.
Chapman Tripp
Creditors with different rights or interests can be classed together in a compromise under Part 14 of the Companies Act.
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