RE LI CHIU FAN

RE LI CHIU FAN

The Official Receiver proved grounds under s30A(4)(c) and (d): the bankrupt carried out a suspicious disposition of a major asset around the petition, failed to make satisfactory disclosure and refused to cooperate to enable the trustee to realise the asset; accordingly the court properly exercised its discretion to suspend automatic discharge and fixed an 18-month suspension to 4 April 2005.

Citation
RE LI CHIU FAN
Parties
Bankrupt: Li Chiu Fan; Applicant and Trustee: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2003
Case Number
HCB917/1999
Procedural Posture
Bankruptcy Proceedings / Hearing on Objection to Automatic Discharge Under Section 30 a
Outcome
Automatic discharge suspended for 18 months until 4 April 2005.
Legal Topics
Automatic Discharge, Trustee Cooperation, Fraudulent Preference, Disposition of Property, Suspension of Discharge
Source Language
EN
Bankruptcy Law Insolvency Civil Procedure Automatic Discharge Trustee Cooperation Fraudulent Preference Disposition of Property Suspension of Discharge

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Parties

Li Chiu Fan

Bankrupt

Official Receiver

Applicant and Trustee

Procedural Posture

Bankruptcy Proceedings / Hearing on Objection to Automatic Discharge Under Section 30 a

Legal Issues

  1. 1 Whether the Official Receiver established grounds under s30A(4)(c) for failure to co-operate with the trustee
  2. 2 Whether the Official Receiver established grounds under s30A(4)(d) for unsatisfactory conduct before or after commencement of bankruptcy (alleged fraudulent preference/disposition)
  3. 3 What period of suspension of automatic discharge, if any, is appropriate in the circumstances

Ratio Decidendi

The Official Receiver proved grounds under s30A(4)(c) and (d): the bankrupt carried out a suspicious disposition of a major asset around the petition, failed to make satisfactory disclosure and refused to cooperate to enable the trustee to realise the asset; accordingly the court properly exercised its discretion to suspend automatic discharge and fixed an 18-month suspension to 4 April 2005.

Court Disposition

Automatic discharge suspended for 18 months until 4 April 2005.

Orders

  • Automatic discharge of the bankrupt is suspended for a period of 18 months so that the bankrupt shall not be discharged until 4 April 2005.
  • No order as to costs of the application.