14 June 2019

Bankruptcy: Memelink v. Official Assignee

Annulment of Harry Memelink’s bankruptcy was refused by the High Court while he protested lawyers and judges were ganging up on him. 
A regular visitor to the courts, Wellington-based Mr Memelink was propelled into bankruptcy in August 2018 on a court costs judgment of some $122,000 owed a Lower Hutt law firm.  His attempts to cancel bankruptcy were refused by Associate judge Lester.
Mr Memelink alleged the judge ordering him bankrupt was biased; he was related to one of Mr Memelink’s creditors.  Judge Lester said the judge imposed bankruptcy following non-payment of a sealed court order.  There is no bias in forcing performance of a court order.  Mr Memelink also alleged the bankruptcy judge was biased because he had been involved in earlier Memelink litigation as lawyer, before becoming a judge.  When giving advice as a lawyer, the bankruptcy judge was acting for Mr Memelink, not against him, said Judge Lester.
Mr Memelink further said if his bankruptcy were annulled, he would release assets from a family trust to meet creditor claims.  There were vague promises of financial support from family members.  Justice Lester said Mr Memelink hinted at $600,000 being made available but made no promises as to amount.  Mr Memelink still disputes amounts due to specific creditors.  It is now for Insolvency Service to determine how much Mr Memelink owes, Judge Lester said.
In court papers filed earlier, Mr Memelink admitted to: debts totalling $5.55 million; $6000 in assets.
Memelink v. Officlal Assignee – High Court (14.06.19)
19.110