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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23051
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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afriend a builder lost a leaky home case , the council then

Customer Question

afriend a builder lost a leaky home case , the council then issued bankruptcy notice, he had 10 days , so he sent all required paper work to his lawyer ,who unknown to him never filed with the court. yesterday he received another noticefor b,,,,,,, , some 8 months later , ,hes a nervous wreck , can he protect his home , concerned friend john happy to pay the $59 but would be happier for you to call them direct , Carmen and Kieth XX XXXXXXX. my no is XXXXXXXXX will give u visa details

Submitted: 4 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 years ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : He will now be facing a bankruptcy application, and if he lost the leaky home case, then he had to either appeal or try to reach a settlement. In the absence of any appeal or proposal the council lawyers will proceed and he may face losing his home. This can depend on whether his wife can buy out his share.
christhelawyer : It would be difficult to do much at this late stage, although he should have a discussion with his lawyer for not doing anything, if indeed he could have. It will be too late to appeal, and the bankruptcy notice going unanswered means he faces an act of bankruptcy.
christhelawyer : The issue will be what equity he has in the house, whether it is in trust, whether his wife can buy out his share.
christhelawyer : So discuss this with him, and I am happy to continue here