RE LO CHING FOON

RE LO CHING FOON

Because the debt was established by a final judgment, was expressly undisputed by the debtor, repayment proposals failed to produce payment and the debtor did not appear, the court was entitled to and did make a bankruptcy order and award costs payable from the estate and the Official Receiver's deposit.

Citation
[2021] HKCFI 39
Parties
Petitioner: CITIBANK, N.A. (花旗銀行); Debtor: LO CHING FOON (羅政歡); Intervener: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2020
Case Number
HCB3661/2020
Procedural Posture
Bankruptcy Petition / Final Hearing and Judgment
Outcome
Bankruptcy order made against the debtor
Legal Topics
Bankruptcy Order, Statutory Demand, Debt Recovery, Costs
Source Language
EN
Bankruptcy Law Insolvency Bankruptcy Order Statutory Demand Debt Recovery Costs

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Parties

CITIBANK, N.A. (花旗銀行)

Petitioner

LO CHING FOON (羅政歡)

Debtor

Official Receiver

Intervener

Procedural Posture

Bankruptcy Petition / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a bankruptcy order should be made against the debtor based on an undisputed final judgment debt
  2. 2 Whether proposals to repay and an adjournment justify refusal to make a bankruptcy order

Ratio Decidendi

Because the debt was established by a final judgment, was expressly undisputed by the debtor, repayment proposals failed to produce payment and the debtor did not appear, the court was entitled to and did make a bankruptcy order and award costs payable from the estate and the Official Receiver's deposit.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against Lo Ching Foon
  • Costs awarded to the Petitioner