Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Provable debts in bankruptcy

  • 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.

  • 24 Mar 2021

    LAW v. CHANG

    Citation
    [2021] HKCFI 789
    Court
    Court of First Instance
    Case number
    HCSD48/2020

    The statutory demand was set aside because the only undisputed element of the claimed debt (costs of $6,100) was below the statutory bankruptcy threshold of $10,000 so there was no basis for a bankruptcy petition; accordingly the demand could not fulfill its statutory purpose and must be set aside under the court's powers in r48(5)(d) and related authorities.

  • 23 Dec 2014

    LO SHING KIN v. SY CHIN MONG STEPHEN

    Citation
    LO SHING KIN v. SY CHIN MONG STEPHEN
    Court
    Court of Final Appeal
    Case number
    FACV16/2013

    The court concluded that a payment into court as security for costs makes the payee a secured creditor to the extent of the payment; costs liabilities arising from litigation commenced before bankruptcy are provable debts if they stem from obligations incurred before the bankruptcy order, therefore the respondent is a secured creditor to the extent of the costs payable and may rely on the security; the trustee must bear the costs of the contested dispute but is indemnified by the estate.