RE FEGARIDO SALVADOR F

RE FEGARIDO SALVADOR F

The court found proven failures to cooperate, unsatisfactory post-bankruptcy conduct including breach of s43A(6), unauthorised receipt of MPF benefits and preferential payments to a spouse's creditors, and unreconciled financial discrepancies; these establish valid objections under s30A(4)(c),(d) and (h) and justify suspending the automatic discharge. The court exercised its discretion to suspend discharge for 2 years from 14 March 2009.

Citation
RE FEGARIDO SALVADOR F
Parties
Bankrupt: Fegarido Salvador F; Trustee: Official Receiver (Trustee)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2009
Case Number
HCB850/2005
Procedural Posture
Bankruptcy / Application to Suspend Automatic Discharge and Extend Bankruptcy Period Under Section 30 a
Outcome
Bankrupt's automatic discharge suspended; relevant bankruptcy period to cease running for 2 years from 14 March 2009.
Legal Topics
Automatic Discharge, Extension of Bankruptcy Period, Cooperation With Trustee, Annual Reports, MPF Benefits, Disclosure Obligations, Preferential Payments
Source Language
EN
Bankruptcy Law Insolvency Automatic Discharge Extension of Bankruptcy Period Cooperation With Trustee Annual Reports MPF Benefits Disclosure Obligations +1 more

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Parties

Fegarido Salvador F

Bankrupt

Official Receiver (Trustee)

Trustee

Procedural Posture

Bankruptcy / Application to Suspend Automatic Discharge and Extend Bankruptcy Period Under Section 30 a

Legal Issues

  1. 1 Whether the bankrupt failed to cooperate with the trustee in administration of estate
  2. 2 Whether the bankrupt's post-commencement conduct was unsatisfactory
  3. 3 Whether the bankrupt failed to submit annual reports of earnings and acquisitions

Ratio Decidendi

The court found proven failures to cooperate, unsatisfactory post-bankruptcy conduct including breach of s43A(6), unauthorised receipt of MPF benefits and preferential payments to a spouse's creditors, and unreconciled financial discrepancies; these establish valid objections under s30A(4)(c),(d) and (h) and justify suspending the automatic discharge. The court exercised its discretion to suspend discharge for 2 years from 14 March 2009.

Court Disposition

Bankrupt's automatic discharge suspended; relevant bankruptcy period to cease running for 2 years from 14 March 2009.

Orders

  • Order that the relevant period of the bankrupt's bankruptcy shall cease to run for a period of 2 years starting from 14 March 2009