Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Right to present bankruptcy petition
  • 22 Oct 2012

    RE CHAN YUEN CHIU

    Citation
    RE CHAN YUEN CHIU
    Court
    Court of First Instance
    Case number
    HCB4147/2012

    A debtor may present a bankruptcy petition under section 3(1)(b) even while subject to an extant IVA; the parenthetical words '(other than the debtor)' in s3(1)(c) describe the class for that paragraph and do not restrict the debtor's independent right under s3(1)(b); policy concerns are dealt with by abuse of process and existing statutory remedies; accordingly the petitions were properly presented and bankruptcy orders were made.