RE CHAO SZE BANG FRANK

RE CHAO SZE BANG FRANK

The claim was a liquidated, undisputed debt and, by virtue of s.103 of the Bankruptcy Ordinance, the debtor's death did not terminate the proceedings; therefore the petition was properly restored and a bankruptcy order was made against the deceased debtor.

Citation
RE CHAO SZE BANG FRANK
Parties
Petitioner: Petitioner; Debtor (deceased): Chao Sze Bang Frank; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 2002
Case Number
HCB549/2000
Procedural Posture
Bankruptcy Petition (insolvency) / Hearing Concluded; Bankruptcy Order Made
Outcome
Bankruptcy order made against the deceased debtor; costs awarded to the petitioner.
Legal Topics
Statutory Demand, Bankruptcy Petition, Effect of Debtor's Death, Section 103 Bankruptcy Ordinance, Strike Out/abuse of Process, Appeal, Beddoe Order
Source Language
EN
Bankruptcy/insolvency Civil Procedure Contract (guarantee) Statutory Demand Bankruptcy Petition Effect of Debtor's Death Section 103 Bankruptcy Ordinance Strike Out/abuse of Process +2 more

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Parties

Petitioner

Petitioner

Chao Sze Bang Frank

Debtor (deceased)

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition (insolvency) / Hearing Concluded; Bankruptcy Order Made

Legal Issues

  1. 1 Whether the petition should be struck out as an abuse of process
  2. 2 Whether the claimed debt was liquidated and genuinely disputed
  3. 3 Whether the death of the debtor terminates or suspends bankruptcy proceedings

Ratio Decidendi

The claim was a liquidated, undisputed debt and, by virtue of s.103 of the Bankruptcy Ordinance, the debtor's death did not terminate the proceedings; therefore the petition was properly restored and a bankruptcy order was made against the deceased debtor.

Court Disposition

Bankruptcy order made against the deceased debtor; costs awarded to the petitioner.

Orders

  • Bankruptcy order made against Chao Sze Bang Frank (deceased)
  • Costs of the proceedings awarded to the petitioner