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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 methods

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 and acceptance of application From date of acceptable SOA and acceptance of application 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
Debtors are restricted from entry if they: Are able to immediately pay debts

Have Realisable assets

Have previously been bankrupt

Have previously been in a NAP

Have concealed assets

Have engaged in conduct that could be consider an offence under the Insolvency Act

Have incurred debts with no intention to pay

Bankruptcy proceedings have begun

None None  None
Assets No limit None realisable No limit No limit No limit
Asset Disposal Method Retained or sold by debtor N/a Vest in Official Assignee Vest in Official Assignee as per order
Debts that debtor remains responsible for

Student loans

Court fines

Reparation

Maintenance orders

Child support

Student loans

Court fines

Reparation

Debts based on fraud

 

Maintenance orders

Child support

 

Court fines

Reparation

Debts based on fraud

Maintenance orders

Child support

Court fines

Reparation

Debts based on fraud

Fines reparation

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 + 4 yrs
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 and disbursements

Official Assignee hourly rate

$NZ200 from first asset realisation

Costs and disbursements

Petitioning creditors costs

Official Assignee hourly rate

 

As per order

 

Last updated 28 October 2011