RE QIU WENJUN

RE QIU WENJUN

A self-petition presented when the debtor does not intend to seek a bankruptcy order and is used solely to obtain a moratorium or to negotiate with creditors is an abuse of process; such petitions will be dismissed and adjournments will not be granted simply to enable negotiation, with Official Receiver costs payable from the deposit.

Citation
[2021] HKCFI 3732
Parties
Debtor: So Tsz Man; Debtor: Lee Wing; Debtor: Tam Wai Yiu; Debtor: Qiu Wenjun; Official Receiver: Official Receiver (Lorvan Yiu)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 2021
Case Number
HCB3930/2021
Procedural Posture
Bankruptcy Petition (debtor's Petition Under S.10 Bankruptcy Ordinance) / Judgment Dismissing Petitions for Abuse of Process
Outcome
All four debtor self-petitions dismissed as abuse of process
Legal Topics
Self Petition, Abuse of Process, Moratorium, Adjournment, Dismissal for Want of Prosecution, Costs of Official Receiver
Source Language
EN
Bankruptcy Law Civil Procedure Insolvency Practice Self Petition Abuse of Process Moratorium Adjournment Dismissal for Want of Prosecution +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

So Tsz Man

Debtor

Lee Wing

Debtor

Tam Wai Yiu

Debtor

Qiu Wenjun

Debtor

Official Receiver (Lorvan Yiu)

Official Receiver

Procedural Posture

Bankruptcy Petition (debtor's Petition Under S.10 Bankruptcy Ordinance) / Judgment Dismissing Petitions for Abuse of Process

Legal Issues

  1. 1 Whether a debtor who does not intend to seek a bankruptcy order may present a self-petition to obtain a moratorium or to negotiate with creditors
  2. 2 Whether failure to attend hearings or seeking adjournments for negotiation constitutes an abuse of process warranting dismissal
  3. 3 Whether the Court should require the deposit to be applied to Official Receiver costs and refuse adjournments for negotiation

Ratio Decidendi

A self-petition presented when the debtor does not intend to seek a bankruptcy order and is used solely to obtain a moratorium or to negotiate with creditors is an abuse of process; such petitions will be dismissed and adjournments will not be granted simply to enable negotiation, with Official Receiver costs payable from the deposit.

Court Disposition

All four debtor self-petitions dismissed as abuse of process

Orders

  • Each petition dismissed for abuse of process
  • Costs of the Official Receiver in the amount of HKD 5,300 to be deducted from each debtor's deposit