Table of Contents: The Law of Credit Management
Part One - Introduction and Key Concepts
1 INTRODUCTION
1.1 Disclaimer
1.2 Business risk
1.3 Volume and importance of material
2 PROGRAMME FOR "THE LAW OF CREDIT MANAGEMENT"
2.1 Warm up exercise - Alan and Pete's Mail House Ltd
3 LEGAL ENTITIES
3.1 The "John's Dairy" scenario
3.2 Partnerships
3.3 Limited partnerships
3.4 Sole Traders
3.5 Limited companies
3.6 Trusts
3.7 Insolvency and legal entities
3.8 Incorporated societies
3.9 Unincorporated clubs
3.10 Deceased debtors
3.11 Debtors overseas
3.12 "John's Dairy" scenario - the answer
Part Two - Risk Reduction
4 THE LEGAL MINEFIELD OF GUARANTEES
4.1 Example cases
4.2 Alan and Pete's Mail House Ltd continued
5 A CREDIT REVOLUTION - HOW THE PPSA HAS CHANGED CREDIT MANAGEMENT IN NEW ZEALAND
5.1 Abbreviations and some key definition
5.2 Introduction - The first PPSA case!
5.3 Priorities, PMSIs, and personal property - some vital theory
5.4 PMSIs in more detail
5.5 How does the PPSA affect you? (A quick overview)
5.6 Repossessing and selling goods
Part Three - Civil Litigation - what works and what doesn't
6 MAKING GOOD DECISIONS ON LEGAL ACTION
6.1 Decisions on legal action - a checklist for creditors
6.2 Collection decisions game
6.3 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
9.1 Limitation of Actions
9.2 Notice of Proceeding and Statement of Claim
9.3 Service
9.4 Costs
9.5 Admission of claim
9.6 Entry of Judgment
9.7 Summary judgments
10 ENFORCING JUDGMENT
10.1 Garnishee orders
10.2 Distress warrants
10.3 Order for examination
10.4 Attachment order
10.5 Periodic detention
10.6 Arrest
10.7 Charging orders
11 EXERCISES
12 WINNING AT THE DISPUTES TRIBUNAL
12.1 A nine point guide to success in the Tribunal
Part Four - Insolvency
13 BANKRUPTCY AND COMPANY LIQUIDATIONS FOR FUN AND PROFIT
13.1 Bankruptcy quiz
13.2 Test your bankruptcy knowledge
13.3 Bankruptcy - an overview
13.4 Bankruptcy offences
13.5 Protected property
13.6 How do you bankrupt someone?
13.7 Priority of payments
13.8 Summary instalment orders
13.9 Part XV Proposals
13.10 No asset procedure
13.11 How to wind up a company
13.12 The pros and cons of winding up actions
13.13 A brief overview of the VA regime
14 VOIDABLE TRANSACTIONS
14.1 Overview of insolvent transactions
14.2 Defences to a claim for clawback of insolvent payment
14.3 The basic rules on voidable charges
14.4 Voidable charges - other matters
14.5 What to do when the liquidator or OA contacts you
15 RECOVERY FROM DIRECTORS
15.1 Duties of directors of companies to creditors
15.2 Investigation by a liquidator or Official Assignee
15.3 Exercise: how do I pursue a director who has transferred assets to a trust?
16 LIQUIDATORS AND RECEIVERS - DEALING WITH THOSE WHO PLAY HARDBALL
16.1 Recovering pre-receivership debt
16.2 Arguing about recovering goods covered by registered security interests
16.3 Personal liability of receivers
Part Five - Other law for Creditors
17 CONSTRUCTION CONTRACTS ACT 2002
17.1 Example case
18 AVOID THE HAZARDS AND SNARES OF THE HUMAN RIGHTS ACT
18.1 Problem areas
18.2 Problems dealing with the Human Rights Commission
18.3 On what grounds can credit be rejected
19 THE PRIVACY ACT MADE SIMPLE (AND SHORT)
19.1 Case study - Herron v Speirs Group Ltd [2006] NZHRRT 12 (30 March 2006
19.2 The cost of breaches of the Privacy Act
19.3 General
19.4 The situations where you (generally) don't need to worry about the Privacy Act
19.5 Privacy clause
19.6 Credit checking limited liability companies
19.7 Credit checking individuals
19.8 The new Credit Reporting Privacy Code 2004
19.9 Credit references
19.10 Adverse information to credit reporting agency
19.11 Privacy and the debt collection process
Seminars overview and registration: Australia / New Zealand