Hong Kong Case Law: Decisions & Judgments

Topic

Discharge of bankrupt

Legal area

Court

17 Jul 2019

有關藍松的事宜

Citation

[2019] HKCFI 1684
Court

Court of First Instance
Case number

HCB6227/2014

On the balance of probabilities the court found the bankrupt deliberately refused to surrender vacant possession, keys and title documents of the property and therefore failed to cooperate with the trustee; consequently the trustee's opposition to discharge was upheld and the bankrupt's discharge was delayed by extending the bankruptcy period by four years to 16 February 2023; costs were awarded to the trustee.
1 Dec 2014

RE YICK KIN CHUNG

Citation

RE YICK KIN CHUNG
Court

Court of First Instance
Case number

HCB1187/2004

The court held that automatic discharge under ss30A and 32 does not extinguish the underlying cause of action; trustees remain entitled and obliged to realise property vested in them and apply proceeds to pay proved bankruptcy debts; interest under s71(2) is payable from any surplus for the period the debts have been outstanding since commencement of the bankruptcy (including periods after discharge when debts remain unpaid); accordingly sale ordered and proved debts (including statutory interest) to be paid from proceeds.
29 Aug 2014

RE NG TZE CHING

Citation

RE NG TZE CHING
Court

Court of First Instance
Case number

HCB5883/2006

An order for sale was granted because partition was impracticable, the trustees lawfully held the bankrupt's 1/2 share and sought to realise it for creditors, and the respondent failed to prove the exceptional threshold of 'very great hardship' required to resist sale in the bankruptcy context (court endorsing Re Citro approach).
28 Oct 2008

OFFICIAL RECEIVER, the trustee of the estate of CHAN KWOK KEUNG, a bankrupt v. CHAN KWOK KEUNG, a bankrupt

Citation

OFFICIAL RECEIVER, the trustee of the estate of CHAN KWOK KEUNG, a bankrupt v. CHAN KWOK KEUNG, a bankrupt
Court

Court of Appeal
Case number

CACV247/2007

The court held that it has no power to backdate the date of a bankrupt's discharge under section 30A; interim suspension orders operate to suspend the relevant period and create legal consequences while in force, and the correct remedy on disposal of an objection summons without substantive order under section 30A(3) is to discharge the interim order and declare the bankrupt discharged with effect from the date of disposal, not an earlier date.
16 Oct 2004

RE LAM YIN SANG

Citation

RE LAM YIN SANG
Court

Court of First Instance
Case number

HCB3298/1999

The Trustee did not prove any of the statutory grounds to justify suspension under s30A(3): the Bankrupt had provided authorization letters and reasonable explanations for delays and memory lapses, alleged asset dispositions lacked evidence of impropriety, and the long-running criminal investigation was unrelated to the bankruptcy; accordingly the application to suspend the running of the discharge period was dismissed.
29 Oct 2002

RE LOK WING SANG

Citation

RE LOK WING SANG
Court

Court of First Instance
Case number

HCB1721/1997

The court found the bankrupt breached section 30A(4)(c) by refusing further inquiries and failing to notify a change of address, which disrupted administration; his conduct warranted suspension of the automatic discharge but was not the worst kind of non‑cooperation, therefore an 18‑month suspension commencing 7 September 2002 was appropriate.

Hong Kong Case Law

有關藍松的事宜

RE YICK KIN CHUNG

RE NG TZE CHING

OFFICIAL RECEIVER, the trustee of the estate of CHAN KWOK KEUNG, a bankrupt v. CHAN KWOK KEUNG, a bankrupt

RE LAM YIN SANG

RE LOK WING SANG