有關張鳳珊的事宜

有關張鳳珊的事宜

Debtor admitted the indebtedness, the statutory demand was validly served and not withdrawn, and the debtor could not demonstrate ability to pay or sufficient realizable assets and had no acceptable arrangement with the creditor; therefore the court was satisfied a bankruptcy order should be made.

Citation
[2019] HKCFI 1810
Parties
Petitioner/creditor: FUBON BANK (HONG KONG) LIMITED; Debtor: 張鳳珊 (Cheung Fung Shan); Intervener/official Receiver: 破產管理署 (Official Receiver)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 2019
Case Number
HCB2489/2019
Procedural Posture
Bankruptcy Petition / Hearing and Determination (bankruptcy Order Made)
Outcome
bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Bankruptcy Order, Debt Repayment Proposal, Service of Process, Costs
Source Language
CH
Insolvency Bankruptcy Civil Procedure Statutory Demand Bankruptcy Order Debt Repayment Proposal Service of Process Costs

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Parties

FUBON BANK (HONG KONG) LIMITED

Petitioner/creditor

張鳳珊 (Cheung Fung Shan)

Debtor

破產管理署 (Official Receiver)

Intervener/official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Determination (bankruptcy Order Made)

Legal Issues

  1. 1 Whether a bankruptcy order should be made against the debtor
  2. 2 Whether the statutory demand was validly served and remains in force
  3. 3 Whether the debtor has the ability to pay or an acceptable repayment arrangement

Ratio Decidendi

Debtor admitted the indebtedness, the statutory demand was validly served and not withdrawn, and the debtor could not demonstrate ability to pay or sufficient realizable assets and had no acceptable arrangement with the creditor; therefore the court was satisfied a bankruptcy order should be made.

Court Disposition

bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against Cheung Fung Shan
  • Costs awarded to FUBON BANK (HONG KONG) LIMITED