Restructuring and insolvency

Buddle Findlay provides timely advice on the insolvency risks faced by businesses and their creditors.  We have a team of dedicated specialists that advise on some of New Zealand’s largest and most complex restructurings.  We provide pioneering solutions that deliver real commercial results.

Overview

We have one of New Zealand's pre-eminent insolvency and restructuring teams, consistently rated in tier 1 or band 1 on league tables.

The firm enjoys strong networks in the banking and professional services market.  With a full service offering, it has remained a key participant in the restructuring market through all recent economic cycles. 

Our lawyers have worked on some of the largest liquidations, receiverships, voluntary administrations, restructurings and finance company failures in New Zealand, and regularly advises on cross-border insolvency issues.

We offer restructuring and insolvency advice leveraged off regional knowledge and national networks.  Our clients include all the major participants in the insolvency marketplace: Calibre Partners (formerly KordaMentha), McGrathNicol, PricewaterhouseCoopers, KPMG, BDO, Ernst & Young, Grant Thornton and Deloitte.  We advise a wide range of financial institutions on a regular basis, including in particular Bank of New Zealand, ANZ Bank New Zealand, ICBC, Bank of China and Kiwibank, assisting them with recovery and restructuring assignments. 

A significant part of the team's work involves acting for banks and trustee corporations in relation to borrower groups and public issuers whose financing facilities need to be restructured as a result of poor financial health.  This often involves a substantial restructure of the corporate group and its balance sheet. 

Majority of our notifiable work has a creditor focus, but our interest and commitment in the broad areas of restructuring, insolvency and workouts mean we can offer the full range of services, including:

  • Advising banks, trustees and financial institutions on corporate restructurings, debt moratoria, debt for equity swaps and standstills

  • Advising financial institutions and other creditors on receiverships, liquidations, voluntary administrations, and creditors’ compromises, including pre-appointment reviews, demands and preparation of appointment documents

  • Advising receivers, liquidators and administrators on domestic receiverships, liquidations and voluntary administrations including the provision of fully resourced high level litigation support

  • Assisting insolvency professionals on investigative accountant assignments

  • Advising foreign creditors and working co-operatively on foreign-originated insolvencies (including insolvencies dealt with under the UNCITRAL Model Law) such as chapter 11 proceedings, liquidations and administrations

  • Advising on multi-creditor priority disputes with a high degree of specialisation in resolving personal property law (PPSA) disputes

  • Advising board directors on liability through the insolvency process

  • Advising on a wide range of insolvency related litigation assignments, including wrongful trading claims, insolvent transactions and securities, and directions applications for receivers, liquidators, administrators and creditors.
  • Tier 1, Restructuring and Insolvency - Chambers Asia-Pacific, Legal 500 Asia-Pacific and IFLR1000

Experience


Work highlights

Advising the receivers

as receivers of Island Escape Cruises (NZ) and Seasons Shipping

Advising the administrators and liquidators

Advising the administrators and liquidators of Advanced Building and Construction

Acting as independent escrow agent for body corporates, unit owners and multiple banks

in respect of the debt funding (multiple unit title owners as borrowers) for remediation of multi-unit title apartment properties with structural and other building failure issues

Advising the administrators

of Ruapehu Alpine Lifts

Advising the liquidators

of Cryptopia

Advising the receivers

on the sale of five star 'Six Senses Fiji' resort after international marketing/sales campaign


Our team

Bridie McKinnon

Partner, Wellington

Bridie has over 15 years' experience in a range of litigation matters in New Zealand and the United Kingdom.…

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Daniel Collins

Partner, Auckland

Daniel specialises in banking and finance and has extensive experience working in New Zealand, the Asia Pacific and the Middle East…

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David Broadmore

Partner, Auckland

David specialises in commercial litigation. He has almost 20 years' experience in resolving banking and finance, insolvency, insurance…

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Jan Etwell

Partner, Christchurch
Board of Management

Jan leads the Christchurch banking and financial services team.  She has particular expertise in regulatory compliance including…

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Kelly Paterson

Partner, Christchurch

Kelly specialises in commercial litigation. She advises on a wide range of commercial litigation issues, including insurance, contract…

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Luke Sizer

Partner, Auckland

Luke specialises in commercial litigation and arbitration. He regularly acts on matters involving complex corporate fraud, insolvency…

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Miriam Andrews

Partner, Auckland

Miriam specialises in banking and finance. Prior to re-joining Buddle Findlay in 2013, Miriam was transaction director at…

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Scott Abel

Partner, Auckland

Scott specialises in insolvency and debt restructuring, corporate and secured finance, and specialist personal property security and…

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Scott Barker

Partner, Wellington

Scott specialises in litigation and insolvency law. He advises both private and public sector clients…

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Willie Palmer

Partner, Christchurch

Willie specialises in commercial litigation including construction, insurance and insolvency law. He has broad experience in…

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