Table of Contents: The Law of Credit Management

Details for this seminar

1. Introduction
2. Programme for "The Law of Credit Management"
3. Legal entities
   Sole Traders
   Partnerships
   Limited companies
   Trusts
   Incorporated societies

Part Two - Risk Reduction

4. The legal minefield of guarantees
5. A credit revolution - how the PPSA has changed credit management in New Zealand
   The law prior to 1 May 2002 - the quagmire
   A summary of some of the key changes under the PPSA
   A summary of the basic steps
   Priorities, pmsis, and personal property - some vital theory
   Purchase money security interests
   How does the PPSA affect you? (A quick overview)

Part Three - Civil litigation - what works and what doesn't

6. Making good decisions on legal action
   Decisions on legal action - a checklist for creditors
   Collection decisions game
   The "Economic Collector's Formula" - a rule of thumb for decisions on legal action
7. "Full and Final Settlement"
8. Legal action charts (District Court)
9. Getting to judgment
   Limitation of Actions
   Notice of Proceeding and Statement of Claim
   Service
   Costs
   Admission of claim
   Entry of Judgment
   Summary judgments
10. Enforcing judgment
    Distress warrant
    Order of examination
    Attachment order
    Periodic detention
    Arrest
    Charging orders
    Exercises

Part Four - Insolvency

11. Bankruptcy and company liquidations for fun and profit
    Bankruptcy - an overview
    Bankruptcy offences
    Protected property
    How do you bankrupt someone?
    Priority of payments
    Summary instalment orders
    Part XV Proposals
    How to wind up a company
    The pros and cons of winding up actions
12. Voidable transactions
    Overview of voidable transactions
    The basic rules on voidable payments to creditors
    Defences to claim of voidable payment
    The basic rules on voidable charges
    Voidable charges - other matters
    Bankrupts - voidable charges under the Insolvency Act 1967
    What to do when the liquidator or OA contacts you
13. Credit frauds and recovery from directors
    Duties of directors of companies to creditors
    Investigation by a liquidator or Official Assignee
    Personal liability of receivers

Part Five - Other law for Creditors

14. Consumer credit law reform
    Some problems with the present law
    Summary of reforms
    Case studies - what difference will the credit reforms make?
    Technical detail
15. Construction Contracts Act 2002
16. The Privacy Act made simple (and short)
    Draft privacy code
    The cost to creditors of breaches of the Privacy Act
    The situations where you (generally) don't need to worry about the Privacy Act
    Privacy clauses
    Credit checking limited liability companies
    Credit checking individuals
    Credit references
    Adverse information to credit reporting agency
    Privacy and the debt collection process

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