Insolvency and restructuring

Finding effective solutions to insolvency and restructuring issues not only requires specialised knowledge of complex insolvency law but also a clear understanding of the commercial drivers in play when insolvency strikes.  

We advise insolvency professionals, financial institutions, businesses, directors and business owners on all aspects of insolvency law.  Our combined experience in representing clients across the spectrum of contentious and non-contentious insolvency issues allows us to provide our clients with tailored, focused advice to achieve pragmatic, commercial solutions.
 
Our expertise
  • Voidable transactions and charges
  • Liquidator claims
  • Recovery of company assets and debts
  • Priority issues between creditors’ claims
  • Security interests and the Personal Property Securities Act (PPSA)
  • Enforcing security interests under the PPSA and the Property Law Act
  • Debt recovery
  • Finance facility proposals and complex restructurings
  • Creditor compromises and schemes
  • Commercial leases
  • Shareholder disputes
  • Rights and duties of liquidators and receivers
  • Directors’ duties and liability
  • Credit risk management
Insolvency and restructuring experience
  • Representing a secured creditor in the contentious appointment of receivers, involving a complex priority dispute between multiple secured parties.
  • Advising a debt-exposed credit supplier on increased security options and credit risk management.
  • Representing a large creditor in High Court proceedings challenging a shareholder’s appointment of liquidators.
  • Representing liquidators and creditors in voidable transaction claims, including claims involving running account issues and the statutory good faith defence.
  • Advising a food manufacturer on the enforcement of an inventory and proceeds security as a creditor in possession.
  • Representing a goods supplier in High Court proceedings involving issues over the marshalling of securities and the Personal Property Securities Act.
  • Advising receivers in relation to priority issues between a GSA holder, a debt factoring financier and a PMSI supplier.
  • Advising liquidators in connection with contentious procedural issuing arising at a creditors’ meeting.
  • Successfully defending a director in proceedings under the Companies Act for insolvent trading.
Key contacts

CONTACT US

Level 13, The AIG Building, 41 Shortland Street,
Auckland 1010, New Zealand

PO Box 3451, Auckland 1140
New Zealand

Telephone
+64 9 303 3849

Fax
+64 9 309 0902

Email
enquiry@jacksonrussell.co.nz