20 May 2015

Insolvency: re Unka

Understating debts by some eight million dollars meant the High Court refused a part-payment insolvency proposal put forward by guarantors of the financially unsuccessful Raumati Beach shopping village, near Wellington.  This despite unanimous approval from those creditors who voted and favorable comments about the guarantors’ integrity.
Mr Keran Unka, who managed the failed project is bankrupt.  Members of his family, at risk of bankruptcy because they guaranteed project borrowings, put a part-payment proposal to creditors.  His wife and two sons offered to each pay $18,000 in 36 monthly instalments of $500.  If accepted by a majority of creditors and approved by the court, a part-payment scheme under Part 5 of the Insolvency Act wipes the balance due.
The High Court was told the guarantors were jointly liable on debts totalling some $5.2 million.  They have minimal personal assets.  Creditors asked to vote on the part-payment proposal were given less than a week to respond.  All who responded voted in favour.  A number expressed sympathy for the position family members were left in.  It later transpired that not all creditors had been notified; further creditors owed another eight million dollars had not been advised of the proposal.
Associate judge Smith refused approval.  The huge understatement of liabilities and the very short time frame given for only some creditors to consider the proposal meant the court was unwilling to make an order binding on all creditors.  The guarantors may still put a further more accurate Part 5 proposal before the court, he said.
re Unka – High Court (20.05.15)

15.052