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2007
Insolvency (Personal Insolvency) Regulations 2007
333
Commenced:
03-DEC-2007
Analysis
(
Analysis
)
Introduction
Analysis
Contents
1
Title
2
Commencement
3
References to Insolvency Act 2006
Part 1
4
What this Part of regulations does
5
List of documents
Part 2
6
Debtor's statement of affairs
7
Application by debtor for automatic adjudication
8
Bankrupt's statement of affairs
9
Notice to bankrupt to file statement of affairs
Control of bankrupt
10
Bankrupt's application for Assignee's consent to enter into business
11
Bankrupt's application for Assignee's consent to leave New Zealand
Creditors' claims
12
Creditor's claim form
Examinations
13
Expenses of attending examination
Assignee
14
Assignee's records and accounts
15
Assignee's bank account
16
Publication and advertisement of Assignee's final statement of receipts and payments
17
Assignee not required to incur expense if bankrupt has no available assets
18
Assignee's remuneration
Discharge
19
Time for creditor's notice of opposition to discharge on ground not specified in Assignee's report
Part 3
20
Dispute as to claim under composition
21
Creditor's claim after approval of composition
Part 4
22
Resolution accepting proposal
23
Notice of hearing of application for approval of proposal
Meetings
24
Chairperson
25
Chairperson may adjourn meeting
26
Quorum at meetings
27
Insolvent must attend meetings
28
Attendance by non-creditors
29
Trustee must report to meeting
30
Minutes and record of meetings
31
Who may vote at creditors' meeting
32
Admission or rejection of claims for purposes of voting
33
Voting by preferential creditors
34
Form of postal vote
Creditors' claims
35
Creditor must submit claim form
36
Trustee must notify creditor whether claim accepted or rejected
Trustee
37
Summary of receipts and payments
38
Audit of trustee's accounts and records
39
Trustee must produce accounts, etc, for purposes of audit
40
Trustee's fee
41
Appointment of new trustee by creditors
42
Replacement of trustee by Court
43
Effect of appointment of new trustee
Part 5
44
Application for summary instalment order
45
Notice of application for order
46
Time for debtor or creditor to make representations to Assignee
47
Time for sending notice of summary instalment order
Creditors' claims
48
Creditor must submit claim form
49
Late claim in respect of debt incurred before summary instalment order
50
Claim in respect of debt incurred after summary instalment order made
51
Variation of order as result of admission of claim under regulation 49 or 50
52
Supervisor must notify creditors as to acceptance or rejection of claim
53
Assignee may modify or reverse supervisor's decision to reject creditor's claim
54
Advice to creditors of dividend
55
Notice to employer to pay debtor's earnings to supervisor
56
Notice of default under order
57
Variation or discharge of summary instalment order
58
Notice by supervisor of variation or discharge of order
Supervisor
59
Supervisor's obligations
60
Supervisor and debtor must render accounts
61
Supervisor must provide Assignee with statement of receipts and payments after discharge of order
62
Money received by supervisor
63
Payments to creditors
64
Supervisor's remuneration
Part 6
65
Application for entry to no asset procedure
66
Means test for entry to no asset procedure
67
Assignee's notice to debtor of admission to no asset procedure
68
Assignee's notice to debtor of termination of debtor's participation in no asset procedure
Part 7
69
Additional reasons for refusing access to public register or suspending operation of public register
70
Additional information in public registers
71
How Assignee must advertise document, proceeding, or other step
72
How document or notice must be filed or lodged with, or submitted to, the Assignee
73
Service of document or notices by Assignee
Schedule
FIRST: Forms
Explanatory Note
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