RE CHEUNG KAM CHUEN

RE CHEUNG KAM CHUEN

Application dismissed because the court was not satisfied on the balance of probabilities that the proposal was serious and viable due to inadequate evidence of net income after tax, insufficient nominee investigation and reporting, and an unsustainably austere household budget given custody of children.

Citation
RE CHEUNG KAM CHUEN
Parties
Debtor/applicant: Cheung Kam Chuen; Registrar/judge: Registrar C. Chan; Nominee: Nominee (unnamed); Creditor: Unidentified Creditor 1; Creditor: Unidentified Creditor 2; Creditor: Unidentified Creditor 3
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 February 2005
Case Number
HCBI1640/2004
Procedural Posture
Bankruptcy Interim Order Application Under the Bankruptcy Ordinance (cap. 6) / Hearing on Interim Order Application Before Registrar; Application Dismissed
Outcome
Application dismissed
Legal Topics
Interim Order Under S20/s20 a, Proposal to Creditors, Nominee Duties and Reports, Adjournment and Evidential Sufficiency
Source Language
EN
Bankruptcy Insolvency Civil Procedure Interim Order Under S20/s20 a Proposal to Creditors Nominee Duties and Reports Adjournment and Evidential Sufficiency

Case Brief

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Parties

Cheung Kam Chuen

Debtor/applicant

Registrar C. Chan

Registrar/judge

Nominee (unnamed)

Nominee

Unidentified Creditor 1

Creditor

Unidentified Creditor 2

Creditor

Unidentified Creditor 3

Creditor

Procedural Posture

Bankruptcy Interim Order Application Under the Bankruptcy Ordinance (cap. 6) / Hearing on Interim Order Application Before Registrar; Application Dismissed

Legal Issues

  1. 1 Whether the court may grant an interim order under s20/s20A to permit a debtor to place a proposal before creditors
  2. 2 Whether the debtor's proposal was serious and viable on the balance of probabilities
  3. 3 Whether the nominee conducted adequate enquiries and reported material matters (tax position, net income)

Ratio Decidendi

Application dismissed because the court was not satisfied on the balance of probabilities that the proposal was serious and viable due to inadequate evidence of net income after tax, insufficient nominee investigation and reporting, and an unsustainably austere household budget given custody of children.

Court Disposition

Application dismissed

Orders

  • Interim order refused and application dismissed
  • Copies of the judgment to be sent to the three creditors for their information