RE LAW KAR HUNG

RE LAW KAR HUNG

The Trustees proved the bankrupt had failed to cooperate and engaged in unsatisfactory conduct after commencement of the bankruptcy (late annual statements and failure to report employment); ignorance of law did not excuse these failures; although the bankrupt subsequently remedied the defaults and creditors suffered no real prejudice, suspension of discharge for a limited period was justified; discharge deferred for three months to 2 March 2007.

Citation
RE LAW KAR HUNG
Parties
Trustees: Fred Lee and Chow Wai Lan Christine; Bankrupt: Law Har Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 2007
Case Number
HCB17645/2002
Procedural Posture
Bankruptcy / Hearing on Summons to Oppose Automatic Discharge / Application for Suspension of Discharge Under Section 30 A(4)(c) and (d)
Outcome
Trustees' application to suspend automatic discharge granted in part; bankrupt's discharge deferred for 3 months until 2 March 2007.
Legal Topics
Automatic Discharge, Suspension of Discharge, Failure to Cooperate, Annual Statements, Unsatisfactory Conduct, Reporting of Employment
Source Language
EN
Bankruptcy Insolvency Civil Procedure Automatic Discharge Suspension of Discharge Failure to Cooperate Annual Statements Unsatisfactory Conduct +1 more

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Parties

Fred Lee and Chow Wai Lan Christine

Trustees

Law Har Hung

Bankrupt

Procedural Posture

Bankruptcy / Hearing on Summons to Oppose Automatic Discharge / Application for Suspension of Discharge Under Section 30 A(4)(c) and (d)

Legal Issues

  1. 1 Whether the court should suspend the bankrupt's automatic discharge under section 30A(4)(c) and (d) of the Bankruptcy Ordinance (Cap. 6)
  2. 2 Whether the bankrupt failed to cooperate with the trustee and engaged in unsatisfactory conduct after commencement of the bankruptcy

Ratio Decidendi

The Trustees proved the bankrupt had failed to cooperate and engaged in unsatisfactory conduct after commencement of the bankruptcy (late annual statements and failure to report employment); ignorance of law did not excuse these failures; although the bankrupt subsequently remedied the defaults and creditors suffered no real prejudice, suspension of discharge for a limited period was justified; discharge deferred for three months to 2 March 2007.

Court Disposition

Trustees' application to suspend automatic discharge granted in part; bankrupt's discharge deferred for 3 months until 2 March 2007.

Orders

  • Bankrupt's automatic discharge deferred until 2 March 2007
  • Order nisi that there be no order as to costs