有關 胡錦永的事宜

有關 胡錦永的事宜

A voluntary undertaking to pay lump-sum instalments to a former spouse or children can amount to a provable debt capable of supporting a bankruptcy petition; however the debtor bears the burden of proving inability to pay and, having failed to do so, the petition must be dismissed.

Source-derived case information.

Citation
[2022] HKCFI 2702
Parties
Debtor: Wu Kam Wing (胡錦永); Respondent/creditor: Su Chun-hong (蘇春紅); Official Receiver: Official Receiver, Insolvency Division (represented by Kwok Shun Kin)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 2022
Case Number
HCB647/2021
Procedural Posture
Bankruptcy Petition / Petition Hearing
Outcome
Bankruptcy petition dismissed
Legal Topics
Provable Debt, Lump Sum Instalments, Undertakings to Court, Ability to Pay, Periodical Payments
Source Language
ch
Bankruptcy Family Law Insolvency Provable Debt Lump Sum Instalments Undertakings to Court Ability to Pay Periodical Payments

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Parties

Wu Kam Wing (胡錦永)

Debtor

Su Chun-hong (蘇春紅)

Respondent/creditor

Official Receiver, Insolvency Division (represented by Kwok Shun Kin)

Official Receiver

Procedural Posture

Bankruptcy Petition / Petition Hearing

Legal Issues

  1. 1 Whether a lump-sum payable by instalments (undertaking) constitutes a provable debt capable of supporting a bankruptcy petition
  2. 2 Whether the debtor had demonstrated inability to pay the creditor’s debt

Ratio Decidendi

A voluntary undertaking to pay lump-sum instalments to a former spouse or children can amount to a provable debt capable of supporting a bankruptcy petition; however the debtor bears the burden of proving inability to pay and, having failed to do so, the petition must be dismissed.

Court Disposition

Bankruptcy petition dismissed

Orders

  • Bankruptcy petition dismissed
  • Costs of the petition to be paid by the debtor