26 Aug 2013
RE LO MAN HONG
- Citation
- RE LO MAN HONG
- Court
- Court of First Instance
- Case number
- HCB625/2013
Arrears of periodic maintenance pending suit are not provable in bankruptcy because they are subject to the family court's discretionary variation and are incapable of reliable valuation; however such arrears may nonetheless constitute a petitionable debt for the purposes of presenting a creditor's petition as they are a pre-ascertained liquidated obligation, but the court will not normally make a bankruptcy order on a petition founded on a non-provable debt and will reserve making an order to wholly exceptional circumstances not present here; accordingly the petition was dismissed.