Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Debtor's petition

Legal area

Court

13 Dec 2022

RE LAM CHI HO

Citation

[2022] HKCFI 3717
Court

Court of First Instance
Case number

HCB4414/2022

The petition was dismissed as an abuse of process because the court below had determined the debtor had the means to comply with the maintenance order and the debtor offered no appeal or changed circumstances to rebut that finding; the debtor evidently had other undisclosed financial means inconsistent with inability to pay; and the maintenance arrears are not provable in bankruptcy and thus cannot properly form the basis of a bankruptcy petition.
25 Jun 2014

RE YAU CHIN CHI

Citation

RE YAU CHIN CHI
Court

Court of First Instance
Case number

HCB7916/2013

Applying the cash-flow test, the court found on the evidence that the Debtor was unable to pay his debts as they fell due (loss of employment, ongoing borrowings, and instalment obligations); the Petition was not an abuse of process and a bankruptcy order was properly made against the Debtor.