OUR EXPERTISE

Insolvency – Bankruptcy and Liquidation

OUR EXPERTISE

Insolvency – Bankruptcy and Liquidation

Introduction

When serious debt threatens your business or personal finances, fast action is critical. Large judgment debts, relentless creditor pressure, or warnings of insolvent trading can put hard-earned assets at risk and lead to director liability issues. Harris Tate’s Dispute Resolution Team provides straightforward, commercially sensible advice on bankruptcy and liquidation issues and risks – helping you protect assets, satisfy creditors, and regain control.

 

Company Liquidation: Closing the Books Cleanly

If your company is unable to meet its debts, voluntary liquidation may be the smartest path. We can walk directors through shareholder resolutions, appointing a licensed liquidator, and issuing public notices that comply with the Companies Act 1993. If you need breathing room to sell assets for the best price, we can liaise with the liquidator to preserve goodwill, realise stock, and minimise preference-payment clawbacks, all while working to shield directors from personal-liability claims or assist with addressing those claims where necessary.

 

Trading On? Know Your Director Duties

Continuing to trade while insolvent can expose directors to hefty compensation orders. We can liaise with your accountant and review cash-flow forecasts, loan covenants, and creditor schedules to gauge solvency in real time. If the business can still be rescued through voluntary administration or a creditor compromise, we can structure the proposal, assist with negotiations, and guide you through creditor voting – helping you to keep viable business ventures alive without breaching statutory duties.

 

Bankruptcy: Personal Debt Solutions

Are you facing a tax debt, an unmanageable personal guarantee, or a judgment that threatens your home? We outline the pros and cons of bankruptcy versus a negotiated settlement. If bankruptcy is unavoidable, we prepare the application, protect exempt assets such as KiwiSaver, and communicate with the Official Assignee to simplify the three-year process. If you prefer to avoid full bankruptcy we can advise you on alternative options, including a negotiated settlement, to keep your professional reputation intact.

 

Creditor Strategies: Maximising Recovery

Are you owed substantial sums by a failing customer? We can assist with issuing statutory demands where appropriate, applying for liquidation orders, and lodging proofs of debt to pursue repayment. Are you holding security? We can register PPSR interests, assist with the appointment of receivers, and with legal support towards realising collateral quickly.

 

Dispute Resolution

Not every insolvency issue needs to end up in court. We use mediation and targeted negotiation to strike commercially realistic deals, saving time and reducing legal costs. When litigation is unavoidable, we can prepare and serve statutory demands, bankruptcy notices, or voidable-transaction applications or defences – always balancing the costs of these processes against the prospects of success and recovery prospects.

 

Why Choose Harris Tate?

  • Plain-English advice: No legal jargon – just clear, actionable steps.
  • Commercial focus: Every strategy weighed against cost, time, and reputation.
  • Local insight: Tauranga-based, representing clients citywide.
  • Knowledgeable and experienced team.

 

Let’s Reclaim Control

Don’t let overwhelming debt or insolvency risks dictate your future. Contact Harris Tate today for practical, results-driven bankruptcy or liquidation advice that safeguards assets, satisfies creditors, and sets you on the road to recovery.

A Tauranga law firm built on trust, results, and a proven history of success.

Don’t just take our word for it, hear from valued clients.