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Thread: Bankruptcy ??

  1. #1
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    Question Bankruptcy ??

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    Not sure how to phrase this exactly, but here goes...

    I have recently lost an ERA hearing case against a former employer. Long and nasty story cut short their lawyer is threatening making me declare myself bankrupt, as I'm not able to pay the "obscene" amount he is trying to claim against me.

    Whilst I'm hopeful this is going to be sorted out fairly soon, as it has been ongoing for over a year now, I'm curious is this is actually possible?

    If he can enforce this I'm a little concerned about what that would mean to my PR Visa and what, if any, the implications would be for my family.

    Sadly, this has been an experience that I have learned many other immigrants have been through, but I've had some tremendous lessons learned as a result of this.

    Any thoughts on the processes involved anyone??

  2. #2
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    Default

    No idea whatsoever, but this sounds like a truly horrible situation. Big hugs and I hope it works out better for you at the end of the day!

  3. #3
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    Default

    Sorry to hear about your problem. It must be very frustrating / maddening / frightening at best.

    I admit I had to google "ERA hearing" to see what it meant (a hearing before the Employment Regulatory Authority).

    It sounds from your note (and a brief view of your blog) that you brought the case against your employer. Is that right? Does that mean "loser pays" in NZ? I'm assuming their attorney is trying to recover his fees.

    No help from me, I'm afraid. Just prayers and good wishes. God is good (despite this and the tree through your roof).

  4. #4
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    Default Big hugs

    Sorry to hear of your situation.
    Have you spoken to Citizens Advice or Budget Advice yet. Im not sure on how or if his solicitor can enfore bankruptcy on you but they should have an idea on where you stand.
    Good luck tho

  5. #5
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    So sorry to hear of the stressful situation you're in.

    I don't know if the employer's lawyer can force you to declare yourself bankrupt. Have you got some advice on the spot? If you don't have a lawyer of your own, I suggest contacting the Citizens' Advice asap. (When we had a business fold some years ago, and were under heavy pressure from the bank to go bankrupt and/or to guarantee the debt by giving them a hold on our home, the CAB in the UK were fantastic in helping push through an alternative way of coping.) If the lawyer is only at the stage of trying to claim this large amount of money, it seems likely that the authority would
    take evidence of your ability to pay and your family responsibilities, before coming to a decision about any penalty to impose - that's certainly a point that's worth putting to them (not to the other party's lawyer). But definitely, get some knowledgeable help.

    Here are some explanations of what bankruptcy in NZ involves. It does NOT affect your PR (I have known personally someone on PR who was made bankrupt in NZ.)
    http://www.consumer.org.nz/reports/b...y/how-it-works (and more links in the sidebar)
    http://www.insolvency.govt.nz/cms/pe...ing-bankruptcy

  6. #6
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    Smile Thank you

    Thank fully I have got a good lawyer on my side, fiesty little thing I wish I'd had her representing me sooner, but that's another part of the learning.

    Thank you J&M, those links are very helpful. Yes, as I lost the case the other side can claim for their costs, but the amount being claimed, when I read it for the first time, actually had me laughing my head off. It worked out he was claiming $1000 per hour!!

    All I can say is, I'm obviously in the wrong lark here, should have trained to be a lawyer

  7. #7
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    I don't know what a lawyer's fees would normally be in NZ. ???

    In the UK courts, if a fine is imposed, the person's circumstances are taken into account, so they can be directed to pay x amount per month - even in a case of penalty, there isn't a situation of the authorities trying to get blood out of a stone. I reckon, as the NZ system grew out of the UK one, there may well be something similar. Your lawyer will know. All the best.

  8. #8
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    Default Lawyers fees

    Genie
    I used an employment lawyer here and the hourly rate was sure high but NOT that high. Luckily I was successful tho.
    I would seriously head to Citizens advice or Budget Advice ASAP to get proper advice

  9. #9
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    Default Community Law Centres

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    Generally people "should" have a look here http://www.lsa.govt.nz/about-us/lega...aw-centres.php

    "The Legal Services Agency contracts with and allocates funding to community law centres (CLCs) to provide a mix of legal services tailored to their community’s needs. There are 26 CLCs nationwide providing a range of:

    * free legal advice
    * representation to people with insufficient means to pay
    * law-related education and information
    * law reform submissions
    * other special services needed by particular communities"

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