19 July 2017

Bankruptcy: Official Assignee v. van der Walt

Bankrupt Southland District Health Board psychiatrist Abraham Nicolaas van der Walt was ordered to catch up on $62,320 owed the Insolvency Service for unpaid contributions to creditor claims and further ordered to pay about $3300 per fortnight from his current salary until a July 2019 discharge from his bankruptcy.
Mr van de Walt challenged Insolvency Service assessments of contributions required.  The Insolvency Act requires bankrupts to contribute towards bankruptcy debts out of income earned whilst bankrupt.
The High Court was told Mr van der Walt was bankrupted in late 2015.  His former wife claims $243,941 for maintenance.  His net fortnightly pay is about $7500.  In dispute before the High Court was an Insolvency Service assessment that he contribute $3333 per fortnight.  Mr van der Walt claimed this was too much.   There was insufficient allowance for health and fitness expenses or entertainment and travel expenses, he said.  Associate judge Osborne ruled Mr van der Walt had not proved that a higher allowance was reasonably required.  The court was told Mr van der Walt stopped making contributions from pay thirteen months ago.  The District Health Board was ordered to make salary deductions in future of $3333 each pay period, payable to the Insolvency Service.
When assessing appropriate contributions from bankrupts’ income, Insolvency Service uses data from Statistics New Zealand cost of living surveys together with Working for Families thresholds used by Inland Revenue to calculate tax credits.
Official Assignee v. van der Walt – High Court (19.07.17)

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