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Comparison tool


  Summary Instalment Order No Asset Procedure Debtors Petition Creditors Petition Proposal
Insolvency Act Section 340-360
Section 361-371 Section 45-49
Section 36-44
Section 325-339
Application method

Official Assignee

Electronic

Manual

Supervisor required

Official Assignee

Electronic

Manual

Official Assignee

Electronic

Manual

Court

Manual

Court

Trustee required

Manual

Usual Term 3-5 years 1 year 3 years 3 years N/a
Term starts From date of SIO From date of acceptable SOA From date of acceptable SOA From date of court order From date of court order
Lesser term by
Discharge Termination Annulment, early discharge Annulment, early discharge Court order
Minimum debt None $NZ1,000 $NZ1,000 $NZ1,000 None
Maximum debt $NZ40,000 $NZ40,000 None None None
Entry restriction  

Never bankrupt

No previous NAP

Not concealing assets

No bad conduct

Debts not incurred with no intention to pay

No bankruptcy proceedings started

None None  None
Assets No limit None realisable No limit No limit No limit
Disposal Retained or sold N/a Vest in Official Assignee Vest in Official Assignee Varies
Excluded debts

Maintenance orders

Child support

Student loans

Court fines

Reparation

WINZ debts

Maintenance orders

Child support

Student loans

Court fines

Reparation

WINZ debts

Maintenance orders

Child support

Court fines

Reparation

WINZ debts

Maintenance orders

Child support

Court fines

Reparation

WINZ debts

None
Restrictions

Incurring credit

Supervisor

Incurring credit

Incurring credit

Leaving NZ

Employment

Incurring credit

Leaving NZ

Employment

Varies
Responsibilities

Complete Statement of Affairs

Provide information

Cooperate with Official Assignee

Notify change of circumstances

Cooperate with Supervisor

Comply with terms

Complete Statement of Affairs

Provide information

Cooperate with Official Assignee

Notify change of circumstances

Complete Statement of Affairs

Provide information

Cooperate with Official Assignee

Notify change of circumstances

Attend meetings

Complete Statement of Affairs

Provide information

Cooperate with Official Assignee

Notify change of circumstances

Attend meetings

Provide information

Notify change of circumstances

Cooperate with Trustee

Comply with terms

Public register
Duration
Yes
Life of SIO
Yes
Life of NAP
Yes
Discharge + 4 yrs
Yes
Discharge +4 yrs
No
N/a
NZ Gazette No Yes Yes Yes No
Fees and costs

Application $NZ100

Supervisor 7.5%

Official Assignee 2.5%

None

$NZ200 from first asset realisation

Costs

Official Assignee hourly rate

$NZ200 from first asset realisation

Costs

Official Assignee hourly rate

Negotiated
Last updated 26 June 2008