RE 符文珍

RE 符文珍

A statutory demand had been served and the debtor failed to put forward any sensible repayment proposal at repeated hearings; therefore the court properly exercised its discretion to make an immediate bankruptcy order.

Citation
[2024] HKCFI 3206
Parties
Petitioner: Petitioner; Debtor: Ms Fu; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 2024
Case Number
HCB5560/2024
Procedural Posture
Bankruptcy Petition / Hearing — Bankruptcy Order Made
Outcome
Immediate bankruptcy order made against the debtor (Ms Fu).
Legal Topics
Statutory Demand, Bankruptcy Order, Enforcement of Tribunal Judgments
Source Language
EN
Insolvency Bankruptcy Civil Procedure Statutory Demand Bankruptcy Order Enforcement of Tribunal Judgments

Case Brief

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Parties

Petitioner

Petitioner

Ms Fu

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing — Bankruptcy Order Made

Legal Issues

  1. 1 Whether the statutory demand and unpaid tribunal judgments justify making a bankruptcy order
  2. 2 Whether the debtor made a reasonable proposal for repayment
  3. 3 Whether an immediate bankruptcy order is an appropriate exercise of the court's discretion

Ratio Decidendi

A statutory demand had been served and the debtor failed to put forward any sensible repayment proposal at repeated hearings; therefore the court properly exercised its discretion to make an immediate bankruptcy order.

Court Disposition

Immediate bankruptcy order made against the debtor (Ms Fu).

Orders

  • Immediate bankruptcy order made against the debtor (Ms Fu).