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Hong Kong decisions
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The court held that a creditor’s objection to automatic discharge was filed late under s 30A(6) of the Bankruptcy Ordinance and declined to extend time, dismissing the objection and related applications.
The court dismissed a creditor’s objection to a bankrupt’s automatic discharge, finding no proved grounds under s.30A and treating the debt misstatement as an inadvertent error.
Court of Appeal dismissed a trustee’s bankruptcy appeals, upholding remittal to the Master and holding that costs of objecting to discharge cannot be a condition under s 30A(9).
The Court of Appeal dismissed three bankruptcy appeals by a trustee against orders remitting discharge objections and conditional discharge issues to the master.
The Court of Appeal dismissed three bankruptcy appeals, upheld remittal to the master, and said objections to automatic discharge and conditional discharge must be exercised cautiously.
Appeals concerning bankruptcy automatic discharge and consent conditions were dismissed. The court held the trustee’s approach was flawed and costs could not be treated as a discharge condition.
The court disallowed the trustee’s costs from the bankrupt’s estate after finding the trustee had not made proper investigations before objecting to discharge.
The court held that section 30A(9) can apply to automatic-discharge cases under section 30A(3) or (7), but refused the proposed consent conditional discharges and remitted the cases for further consideration.
The High Court held that section 30A(9) can apply to automatic discharge cases, but the trustee’s consent applications were not granted and were remitted for reconsideration.
The court held that the petitioning creditor could rely on its affirmation in the Official Receiver’s summons only on the Official Receiver’s two grounds, not its own late additional grounds.
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