Best Bankruptcy Lawyers in Christchurch

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Harmans Lawyers

Harmans Lawyers

Christchurch, New Zealand

Founded in 1888
200 people in their team
Our HistoryServing Canterbury since 1888Harmans’ long association with Canterbury’s legal community began in 1888, when Thomas DeRenzy Harman,...
Māori
English

About Bankruptcy Law in Christchurch, New Zealand

The bankruptcy law in Christchurch, New Zealand focuses on insolvency - a state where individuals or companies are unable to meet their financial obligations when they are due. Bankruptcy is a legal process that involves assessing, managing, and clearing these debts. Bankruptcy law exists to provide relief to debtors, balancing both debtor protection and creditor rights.

Why You May Need a Lawyer

A lawyer specializing in bankruptcy can help you navigate the daunting legal process and protect your rights. If you are facing financial difficulties and considering declaring bankruptcy, it is crucial to understand the full implications. A bankruptcy lawyer can guide you through different forms of debt relief to find the most suitable option, represent you in court and ensure that all documentation is correctly completed and filed.

Local Laws Overview

Local bankruptcy laws in Christchurch operate under New Zealand’s broader legislation – the Insolvency Act 2006. Key aspects of these laws include: options for servicing debt, such as No Asset Procedures, Summary Instalment Orders, and formal insolvency; consequences of bankruptcy, such as restrictions on credit, travel, and employment; and procedures for discharging bankruptcy. You must also understand that bankruptcy in New Zealand is a public matter; your bankruptcy status will be registered publicly.

Frequently Asked Questions

1. What is the effect of declaring bankruptcy?

Declaring bankruptcy will affect your financial standing considerably. Some immediate effects are that your assets could be sold to pay your debts, and you could face restrictions on travel, credit, and certain occupations.

2. How long will I be bankrupt?

Typically, bankruptcy lasts for three years in New Zealand, but it can be extended if the Official Assignee believes you have not met your obligations.

3. Can bankruptcy be avoided?

Yes, bankruptcy can often be avoided with alternatives like Summary Instalment Orders, Debt Repayment Orders, and No Asset Procedures. A lawyer can help determine the best course based on your specific situation.

4. Who will know about my bankruptcy?

Bankruptcy in New Zealand is a public matter, so your situation will be registered on the Insolvency and Trustee Service public register.

5. Can I obtain credit while bankrupt?

If you are bankrupt, there are restrictions in place for obtaining credit. You must disclose your bankruptcy status if you apply for credit over a certain amount.

Additional Resources

For more help, you may turn to the governmental bodies like the Insolvency and Trustee Service for guidance through the bankruptcy process. Also, organizations such as Citizens Advice Bureau and Budgeting services provide financial advice and support.

Next Steps

If you are considering bankruptcy, it is advisable to consult a legal professional specializing in insolvency. They can guide you on the best course of action, considering all available alternatives, and walk you through the legal process if bankruptcy is the most suitable solution for your situation.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.