RE MOHAMMAD AMEEN

RE MOHAMMAD AMEEN

The court found the bankrupt failed to cooperate and his post-bankruptcy conduct was unsatisfactory by failing to provide income proof, annual statements and by not notifying trustees of his departure; although the bankrupt later provided information and no contribution was ultimately due, the failures justified an exercise of discretion to suspend the automatic discharge for a limited period; accordingly the relevant period was ordered to cease running for 6 months from 17 January 2009.

Citation
RE MOHAMMAD AMEEN
Parties
Bankrupt: Mohammad Ameen; Trustee: Wong Ka Sek; Trustee: Wong Ka Lam King
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 April 2009
Case Number
HCB11202/2004
Procedural Posture
Bankruptcy / Trustees' Application Under S30 a to Suspend Automatic Discharge of Bankrupt
Outcome
Application granted in part; automatic discharge suspended for 6 months.
Legal Topics
Automatic Discharge, Extension of Bankruptcy Period, Trustee Duties, Statutory Reporting Obligations, Cooperation With Trustees
Source Language
EN
Bankruptcy Law Insolvency Automatic Discharge Extension of Bankruptcy Period Trustee Duties Statutory Reporting Obligations Cooperation With Trustees

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Parties

Mohammad Ameen

Bankrupt

Wong Ka Sek

Trustee

Wong Ka Lam King

Trustee

Procedural Posture

Bankruptcy / Trustees' Application Under S30 a to Suspend Automatic Discharge of Bankrupt

Legal Issues

  1. 1 Whether trustees established a valid objection under section 30A(4) of the Bankruptcy Ordinance based on failure to cooperate, unsatisfactory conduct and failure to provide annual statements
  2. 2 Whether the bankrupt's conduct justified suspension/extension of the automatic discharge period and, if so, for how long
  3. 3 Whether creditors' lack of objection or the absence of actual prejudice defeats the trustees' application

Ratio Decidendi

The court found the bankrupt failed to cooperate and his post-bankruptcy conduct was unsatisfactory by failing to provide income proof, annual statements and by not notifying trustees of his departure; although the bankrupt later provided information and no contribution was ultimately due, the failures justified an exercise of discretion to suspend the automatic discharge for a limited period; accordingly the relevant period was ordered to cease running for 6 months from 17 January 2009.

Court Disposition

Application granted in part; automatic discharge suspended for 6 months.

Orders

  • The relevant bankruptcy period shall cease to run for a period of 6 months from 17 January 2009.