Searching Content indexed under Insolvency/Bankruptcy by Chapman Tripp ordered by Published Date Descending.
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Administrators, conflicts of interest and prior professional relationships
Although the UK cases are limited to administrations, the principles are applicable to NZ administrators and liquidators.
New Zealand
11 Feb 2019
Company directors cannot veto DoCA - High Court
This decision confirms that a DoCA approved by creditors cannot be stymied by unwilling directors or a board's consent.
New Zealand
1 Feb 2019
Update: integrity of set-off rights restored
The 2017 WA decision which overturned the view that set-off is effective against a receiver was successfully appealed.
New Zealand
1 Oct 2018
Australian High Court endorses the use of holding deeds of company arrangement
Recent Australian decision regarding DOCAs will influence NZ voluntary administration regime.
New Zealand
26 Sep 2018
Classification of creditors in Part 14 compromises
Creditors with different rights or interests can be classed together in a compromise under Part 14 of the Companies Act.
New Zealand
26 Aug 2018
Crucial continuous disclosure question – is the information material?
This was a reminder that only "material" information must be disclosed when a company is in voluntary administration.
New Zealand
20 Aug 2018
Farm Debt Mediation Bill
The Farm Debt Mediation Bill sets up a mandatory mediation step before appointing a receiver for agricultural debt.
New Zealand
28 May 2018
Bespoke regime for unwinding Ponzi schemes
The Government is moving to create a special regime to unwind Ponzi schemes in a way which is fair to all investors.
New Zealand
22 May 2018
Code of Conduct for insolvency practitioners from 1 July 2018
The Code of Conduct is an innovation for the insolvency industry and should help to improve standards and integrity.
New Zealand
28 Apr 2018
Creditors vs Property (Relationships) Act claims – who should win?
Law Commission is asking whether reform is needed to achieve a fairer balance between the rights of creditors vs partners.
New Zealand
13 Dec 2017
Directors private information safe from liquidators
Liquidators cannot examine directors to obtain private financial information to judge their worth as prospective defendants.
New Zealand
5 Dec 2017
Insolvency Practitioners Bill adopted by new NZ government
Despite uncertainty, the Insolvency Practitioners Bill has been picked up by the new government, but could be amended.
New Zealand
16 Nov 2017
Have set-off rights been restricted by the PPSA without anyone noticing?
This WA decision may have overturned the hitherto accepted view that set-off remains effective against a receiver.
New Zealand
13 Oct 2017
Supreme Court clarifies solvency test
The ability of a company to pay its due debts is to be assessed objectively, taking a "practical business perspective".
New Zealand
9 Aug 2017
Voidable transactions and Ponzi schemes – the Supreme Court ruling
The Supreme Court considered claw back claims under the voidable transactions regime in the context of Ponzi schemes.
New Zealand
10 Jul 2017
Court of Appeal on when a third party payment is voidable
Payments from a third party can, in certain circumstances, be treated as being made by the debtor, and are voidable.
New Zealand
28 Jun 2017
Court clarifies personal bankruptcy issues
These issues included compromise proposals, substitution of creditors, and vesting of property disclaimed by the OA.
New Zealand
20 Jun 2017
A $60 million mistake – have you registered on the PPSR?
Under the New Zealand PPSA, GE's interest would not have been entirely lost but its priority could have been affected.
New Zealand
23 Mar 2017
New rules on company creditor compromises
These decisions, setting aside creditors' compromises, give new guidance on parameters of Part 14 of the Companies Act.
New Zealand
10 Mar 2017
Feedback sought on use of retirement savings in bankruptcy
MBIE is proposing law changes after the Court ruled that KiwiSaver funds are beyond the reach of the Official Assignee.
New Zealand
28 Nov 2016
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