Category: Bankruptcy Amendment Ordinance

Bankruptcy (Amendment) Bill 2015

By Rosenna Mak In a previous post in November 2015 entitled “Bankruptcy – The Unconstitutionality of the Discharge Provisions”, we referred to a draft Bankruptcy (Amendment) Bill 2015 being put before LegCo for the purpose of addressing the CFA’s ruling

Bankruptcy – The Matrimonial Home

By Nichole Chan Whose interests should prevail in bankruptcy: the interests of the bankrupt’s creditors or his/her innocent spouse and dependents?  A recent case before the Hong Kong Court confirmed that, in the majority of cases, it is the former

Constitutionality of Bankruptcy Discharge Provisions Challenged (update)

By Rosenna Mak Just a brief update on our article entitled “Constitutionality of Bankruptcy Discharge Provisions Challenged” published last month reporting that section 30A(10)(a) of the Bankruptcy Ordinance had been ruled to be unconstitutional by the Court of Appeal.  Due

Constitutionality of Bankruptcy Discharge Provisions Challenged

S.30A(10)(a) of the Bankruptcy Ordinance is Challenged – Unconstitutional  By Stephen Briscoe  and Rosenna Mak A few months ago, we published an article entitled “Discharge from Bankruptcy or Trustee Forever” where we discussed the position of the release of a trustee

Discharge From Bankruptcy or Trustee Forever!!

By Rosenna Mak Following the Bankruptcy (Amendment) Ordinance 1996, which came into effect on 1 April 1998, the concept of a bankrupt being entitled to an automatic discharge was introduced to allow a bankrupt to become financially rehabilitated.  Under the