RE LIU WING KIN
Because the debtor demonstrated inability to pay his total indebtedness and provided full and detailed disclosure addressing the bank's concerns, the opposing creditor withdrew its opposition and the court made a bankruptcy order with no order as to costs.
- Citation
- RE LIU WING KIN
- Parties
- Debtor/petitioner: Liu Wing Kin; Opposing Creditor: Standard Chartered Bank; Official Receiver: Official Receiver
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 9 September 2002
- Case Number
- HCB8385/2002
- Procedural Posture
- Bankruptcy Proceedings / Judgment (bankruptcy Order Made)
- Outcome
- Bankruptcy order made against the debtor; no order as to costs.
- Legal Topics
- Bankruptcy Order, Creditor Opposition, Disclosure of Assets, Statement of Affairs
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Liu Wing Kin
Debtor/petitioner
Standard Chartered Bank
Opposing Creditor
Official Receiver
Official Receiver
Procedural Posture
Bankruptcy Proceedings / Judgment (bankruptcy Order Made)
Legal Issues
- 1 Whether the debtor is unable to pay his debts
- 2 Whether the debtor's Statement of Affairs and subsequent disclosure adequately explained property transactions and application of proceeds
- 3 Whether the bank's opposition should prevent the making of a bankruptcy order
Ratio Decidendi
Because the debtor demonstrated inability to pay his total indebtedness and provided full and detailed disclosure addressing the bank's concerns, the opposing creditor withdrew its opposition and the court made a bankruptcy order with no order as to costs.
Court Disposition
Bankruptcy order made against the debtor; no order as to costs.
Orders
- Bankruptcy order made against Liu Wing Kin
- No order as to costs
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