RE LIMBU DAL BAHADUR

RE LIMBU DAL BAHADUR

The petition was dismissed because the maintenance debts to the ex-wife were excluded from bankruptcy consideration and the petitioner failed to prove the existence and provability of the other alleged loans; on the evidence and given credibility concerns the petitioner did not establish liabilities exceeding assets...

Source-derived case information.

Citation
RE LIMBU DAL BAHADUR
Parties
Debtor: Limbu Dal Bahadur; Creditor / Opponent (ex Wife): Ms Niva Rai; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 April 2016
Case Number
HCB917/2016
Procedural Posture
Bankruptcy Petition (debtor Presented) / Hearing and Determination of Bankruptcy Petition
Outcome
Petition dismissed
Legal Topics
Bankruptcy Petition, Exclusion of Maintenance Debts, Proof of Debts, Credibility of Evidence
Source Language
en
Bankruptcy Family Law Civil Procedure Bankruptcy Petition Exclusion of Maintenance Debts Proof of Debts Credibility of Evidence

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Parties

Limbu Dal Bahadur

Debtor

Ms Niva Rai

Creditor / Opponent (ex Wife)

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition (debtor Presented) / Hearing and Determination of Bankruptcy Petition

Legal Issues

  1. 1 Whether the petitioner has present liabilities exceeding assets that are provable in bankruptcy
  2. 2 Whether maintenance/ancillary relief debts are provable in bankruptcy or excluded
  3. 3 Whether the alleged personal loans were proven and the effect of the debtor's credibility on the petition

Ratio Decidendi

The petition was dismissed because the maintenance debts to the ex-wife were excluded from bankruptcy consideration and the petitioner failed to prove the existence and provability of the other alleged loans; on the evidence and given credibility concerns the petitioner did not establish liabilities exceeding assets that could found a bankruptcy order.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed; no bankruptcy order made
  • Official Receiver's costs of $5,300 to be deducted from the deposit