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Maximising stakeholder value in personal insolvency (a New Zealand perspective)

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posted on 15.11.2021, 00:32 authored by Haines, Quentin Stobart

Personal insolvency law in New Zealand has had some recent amendments that have been successful in reducing the number of bankruptcies. With the rise in consumer bankruptcies and insolvencies, both in New Zealand and internationally many historic insolvency laws and practices are outdated.  Balancing the obligations of debtors with the relief of a proactive insolvency regime while satisfying stakeholders is difficult. If relief is too easily accessed there is a risk of abuse of the system. If relief is too difficult to obtain there will be unnecessary suffering and a potential loss of economic motivation for the insolvent.  A new model of personal administration is argued as the best mechanism for maximising stakeholder value. Such a system if entered through a restrictive gateway would cease any concern of abuse.

History

Copyright Date

01/01/2015

Date of Award

01/01/2015

Publisher

Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Discipline

Law

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Level

Masters

Degree Name

Master of Laws

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Awarded Research Masters Thesis

Language

en_NZ

Victoria University of Wellington School

School of Law

Advisors

Dugan, Bob