뉴질랜드한인여성회 KoreanWomen's Association of NZ | 8월 24일 문서반 자료 1입니다. - 파산(bankruptcy)관련 자료 공부해요

I am in financial trouble... what are my options?나는 경제적으로 문제가 있어요... 나는 어떤 선택을 할 수 있나요? What is insolvency? Insolvency means either or both of the following: • you cannot pay your debts when they are due (i.e. your outgoings are more than your income) • you owe more than you own (your liabilities are more than your assets) Do you know how much you owe? The insolvency options available to you depend on your total debts. You should gather together all documentation such as statements, invoices, and contracts so the Official Assignee can confirm‎ your financial position and determine your eligibility. If you do not have documentation the creditor is required by law, to send you copies. What options do I have? Summary instalment order Bankruptcy No asset procedure Compromise Proposal The options that are available to you will depend on the amount of debts, the value of assets, what the debts are for and whether you have been insolvent before and the options (if any) used then. Summary instalment orders (SIOs) This is a formal agreement with creditors that you will pay some (if not all) the money owed. It lasts for three years (or five years in some circumstances) and means you have to pay agreed instalments. How much you pay is negotiated with the creditors who cannot take further action as long as you follow the agreement exactly. Application for entry is made to the Official Assignee. Management is by an Approved Supervisor. Granting an SIO You or any of your creditors (with your consent) may apply for your entry into an SIO. The Official Assignee may grant an SIO if: 1. Your total unsecured debts (excluding student loans, fines, penalties, and reparation orders) are less than $NZ40,000 2. You are unable to pay those debts immediately. Before granting an SIO, the Official Assignee will allow you and your creditors to make representations about the making of the order. Bankruptcy Bankruptcy is a legal proceeding which allows people who cannot pay their bills to get a fresh financial start. The right to file for bankruptcy is provided by law. Filing for bankruptcy immediately stops all of your creditors from seeking to collect debts from you. In some cases a creditor will apply to the Court to have you adjudicated bankrupt. If you have not paid the outstanding amount by a specific date, you may have committed an ‘act of bankruptcy’ and the creditor can ask the judge to make you bankrupt. You will be served with a notice of hearings and can attend Court and make representations. You are entitled to have legal representation at the hearing. If you do not attend, the bankruptcy proceedings will proceed in your absence. Once you are bankrupt an Insolvency Officer from the Insolvency and Trustee Service will administer the estate. Top During bankruptcy you must: • File an acceptable Statement of Affairs • Cooperate fully with the Official Assignee at all times • Comply with all requests for information • Notify the Official Assignee whenever you change your name, address, employment or terms of employment; income and/or expenditure • Fulfil all your legal obligations. During bankruptcy if required you must: • Make payments toward your debts • Vacate land and/or buildings • Attend interviews or examinations on oath. During bankruptcy you may not: • Withhold information or mislead • Incur credit of $NZ1,000 or more without disclosing you are bankrupt • Conceal assets • Stop, attempt to stop, or hamper the Official Assignee dealing with any property or assets. During bankruptcy you may not without consent: Leave New Zealand Enter into, carry on, or take part in the management or control of any business Be employed by a relative or entity owned, managed, or controlled by a relative. Failure to adhere to these responsibilities and restrictions can result in a fine, imprisonment, or both. Top No asset procedure (NAP) This option is not formal bankruptcy. Application for entry is made to the Official Assignee who then administers the No Asset Procedure in much the same way as a bankruptcy. You can only use the No Asset Procedure ONCE – ever! Applying for a No Asset Procedure Applications are made to the Official Assignee, either electronically or manually. An application and Statement of Affairs must be completed to a standard acceptable to the Official Assignee. To qualify for entry you must: have no realisable assets (realisable assets exclude cash up to $NZ1,000, a motor vehicle up to $NZ5,000, tools of trade, and personal and household effects) not previously been admitted to the no asset procedure not previously have been adjudicated bankrupt have total debts (excluding student loan) not less than $NZ1,000 and not more than $NZ40,000 complete a means test showing you have no means of repaying any amount towards your debts. The Official Assignee can refuse entry into the NAP if: • your creditor(s) object to entry; or • bankruptcy proceedings have been initiated and the likely outcome for the creditor would be materially better if the proceedings continued; or • you have concealed assets; or • you have committed an act that would be an offence under the Insolvency Act 2006 were you bankrupt; or • you have incurred debts knowing you had no means to pay them. Note The Official Assignee can only assess one application for you at a time, so please ensure only one application (No Asset Procedure, Bankruptcy or Summary Instalment Order) is completed and sent to the Insolvency and Trustee Service.