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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22179
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Can a chairman of a body corp force bankruptcy on residence

Customer Question

can a chairman of a body corp force bankruptcy on residence of a retirement village who are withholding money for an item on next years budget that we do not agree with. We all agree to pay this money after further discussions if need be and can well afford to.
thank you in anticapation neville osborne
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
The Body Corporate could try to sue for the amounts owed, but you can defend any such action. The Body Corporate cannot bankrupt you unless there is a judgment in place against you, and a formal notice to pay has been issued. Since it costs at least $3 to $4000 to make someone bankrupt, I doubt whether this is more than just threats an bullying. There are mediators who specialise in rest home disputes however and that would be a more productive way of resolving this. I can send more information about this if you need it

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