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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23067
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My husband of 11mths filed for bankruptcy 5 mths ago. He

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Hi my husband of 11mths filed for bankruptcy 5 mths ago. He works for me in my business & we have no shared assets, accounts or mortgage. I own my own homes, cars, assets & business. His insolvency rep is asking him what is his relationship to my company. What are the consequences here for me?
JA: What state are you in? And has anything been officially filed?
Customer: Auckland NZ, yes he filed for bankruptcy on 18/5/17 & published 1/6/17
JA: Has anything been filed in civil court? If so, what?
Customer: Not that I'm aware
JA: Anything else you want the lawyer to know before I connect you?
Customer: Cant think of anything else only that I was unaware of the extent of debt he was in till May 2017 when he told me he is filing for bankruptcy

Hi

I am a New Zealand lawyer based in Wellington. I will be helping you with your questions today

You have no liability for his debts. If you have kept your assets separate then while he personally may have a relationship property claim, unless you have a contracting out agreement, then the Official Assignee cannot make you contribute to his debts. They are able to require answers, but if you explain the separaion of assets and the history of separating assets, they will likely go no further

Customer: replied 1 month ago.
Thanks, ***** *****'t have a contracting agreement with him so will it be ok to continue to employ my now husband with forming a sub contact?

He should get consent from the Official Assignee to be employed by you-its often required. If he is to contract with you then he also needs consent. These are not difficult to get but they do like to know and its best to cooperate. They are generally pretty helpful though

Customer: replied 1 month ago.
Thank you you have been very helpful. Great service

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