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Results: 1-10 of 22

Liquidation meetings does a secured creditor lose its security by voting?

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • March 2 2015

The Court of Appeal has confirmed that if a secured creditor votes its secured debt in a liquidation meeting, the vote is invalid - and the security

Supreme Court - important win for creditors over liquidators

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • February 18 2015

The Supreme Court has today considerably expanded the "good faith" defence for voidable transactions. Where a creditor "gave value" through the

Liquidations and voidable transactions recent and future trends

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • November 24 2014

Two court judgments which could significantly affect New Zealand's insolvent transactions regime are due out soon. When they are released, we will

More than one way to recover insolvent transactions but liquidators take care

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • May 2 2014

Liquidators are not limited to the procedure set out in section 295 of the Companies Act to recover a debt once an insolvent transaction has been set

No satisfactory answer to fate of KiwiSaver balances in a bankruptcy

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • April 9 2014

The High Court has found that a bankrupt member's interest in a KiwiSaver scheme is available for distribution by the Official Assignee to creditors

Accounts receivable more than book debts - Court of Appeal

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • August 20 2013

Confirmation by the Court of Appeal that "accounts receivable" are more than just book debts and include other legally enforceable monetary

First big Australian PPSA decision consistent with New Zealand law

  • Chapman Tripp
  • -
  • Australia, New Zealand
  • -
  • August 1 2013

The first significant decision under the Australian Personal Properties Securities Act 2009 has followed New Zealand and Canadian law. The case

Due process needed in insolvent transaction recovery

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • July 3 2013

Liquidators must seek a court order to recover an insolvent transaction - even where the creditor has not objected in time to a notice under section

Law Commission wants your comments on trading trusts

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • December 18 2012

Big changes are proposed to the use of trusts as trading enterprises by the Law Commission as part of its ongoing review into trust law

Court of Appeal reinforces PPSA lessons from Crafar receivership

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • November 9 2012

The lessons to be drawn from the Crafar receivership in relation to the Personal Properties Securities Act (PPSA) have now been distilled by the Court of Appeal, which has largely confirmed the High Court’s reasoning