About Bankruptcy Law in Auckland, New Zealand
Bankruptcy law in Auckland, New Zealand, is a legal status of an individual or a company that cannot repay the debts it owes to its creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor and is not only a way for insolvent individuals to start fresh but also provides the opportunity for creditors to receive portion of the debts owed to them. The premise of bankruptcy in New Zealand is insolvency and pursuing bankruptcy should be a decision made after obtaining professional advice and exploring all other debt management options available.
Why You May Need a Lawyer
Dealing with financial difficulties and debt can be extremely stressful. These situations can quickly become complex, leading to potential bankruptcy. The consequences of bankruptcy are significant and require understanding a substantial amount of legal jargon. You might need a bankruptcy lawyer to help guide and advise you through this process, ensuring you comply with all the legal requirements, protecting your assets, dealing with your creditors and helping you to understand the impacts of bankruptcy on your future.
Local Laws Overview
Bankruptcy laws in Auckland are governed by the Insolvency Act of 2006. This offers three main avenues for personal insolvency: bankruptcy, the No Asset Procedure (NAP), and summary instalment orders. Bankruptcy lasts for three years and once you’re discharged, most of your remaining debts are cancelled, giving you a fresh start, financially. NAP lasts for twelve months and can only be entered once in a lifetime and only certain low-level debts qualify. Summary instalment orders last for 3 years, after which remaining debts are cancelled, and they’re flexible as you can propose an installment amount that suits you. Full understanding of these laws is vital to mitigate potential impacts.
Frequently Asked Questions
What happens after I file for bankruptcy?
Bankruptcy, once declared, typically lasts for a three-year period. After that, you can start afresh, although your credit rating will be affected for several years thereafter.
How will bankruptcy affect my assets?
Most of your property will become bankruptcy estate, which can be sold to help repay your creditors. Necessities including household goods, tools needed for work and a reasonable vehicle are exempt from this estate.
Can bankruptcy stop legal action by creditors?
Once you declare bankruptcy, creditors can't start or continue legal action to collect the debt from you. However, some types of debt, such as student loans, child support or fines, are not wiped by bankruptcy.
Can I be denied bankruptcy?
Generally, you have a right to declare bankruptcy and it cannot realistically be denied. However, there are specific criteria that you must meet. Working with a qualifying professional will help you navigate these complexities.
What debts are not abolished by bankruptcy?
While many debts can be abolished by bankruptcy, some can't. This includes secured debts, child support, student loans, court fines and penalties, and reparations awarded by a court.
Additional Resources
You can find more information and guidance regarding bankruptcy on New Zealand's government website. Additionally, The Citizen's Advice Bureau provides free independent and confidential advice on legal matters, including bankruptcy. You might also consider joining local support groups for individuals facing similar financial difficulties. These communities can offer a sense of comfort, shared experiences, and practical advice.
Next Steps
If you believe you may need help navigating bankruptcy, the first step is to discuss your case with a professional bankruptcy lawyer to get advice tailored specifically to your situation. They can guide you through the complexities, prepare and complete your legal paperwork, and represent you at bankruptcy hearings if necessary. Remember to collect and prepare all relevant documentation before your consultation. This may include a list of your assets, debts and details of income.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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