1950_BANKRUPTCY_ORDINANCE_ORDINANCE — Page 35

HK Historical Laws 香港歷史法例 All AI Reviewed

Bankruptcy.

but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available.

[CAP. 6

ment of husband's and wife's

claims. Geo. 5,

[cf. 4 & 5

41. (1) Where a married woman has been adjudged bankrupt, her husband shall not be entitled to claim any dividend as a creditor in respect of any money or other estate lent or entrusted by him to her until all claims of the other creditors of his wife for valuable consideration in money or money's worth have been satisfied.

(2) Where a debtor has been adjudged bankrupt, any money or other estate of his wife lent or entrusted by her to him shall be treated as assets of his estate, and the wife shall not be entitled to claim any dividend as a creditor in respect of any such money or other estate until all claims of the other creditors of the debtor for valuable consideration in money or money's worth have been satisfied.

(3) In this section "married woman" and "wife" include "concubine."

Property available for payment of debts.

c. 59, s. 36.]

back of

trustee's 4 & 5 Geo. 5,

title.

c. 59, s. 37.

42. The bankruptcy of a debtor, whether it takes place on the debtor's own petition or upon that of a creditor or creditors, shall be deemed to have relation back to and to commence at the time of the act of bankruptcy being committed on which a receiving order is made against him, or if the bankrupt is proved to have committed more acts of bankruptcy than one, to have relation back to and to commence at the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within three months next preceding the date of the presentation of the bankruptcy petition, but no bankruptcy petition, receiving order or adjudication shall be rendered invalid by reason of any act of bankruptcy anterior to the debt of the petitioning creditor.

of bank-

43. The property of the bankrupt divisible amongst his creditors, and in this Ordinance referred to as the property of the bankrupt, shall not comprise the following particulars-

property

amongst creditors.

4 & 5 Geo. 5,

c. 59,

s. 38 (1).

205

Page 35




Page 36



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Bankruptcy. but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available. [CAP. 6 ment of husband's and wife's claims. Geo. 5, [cf. 4 & 5 41. (1) Where a married woman has been adjudged bankrupt, her husband shall not be entitled to claim any dividend as a creditor in respect of any money or other estate lent or entrusted by him to her until all claims of the other creditors of his wife for valuable consideration in money or money's worth have been satisfied. (2) Where a debtor has been adjudged bankrupt, any money or other estate of his wife lent or entrusted by her to him shall be treated as assets of his estate, and the wife shall not be entitled to claim any dividend as a creditor in respect of any such money or other estate until all claims of the other creditors of the debtor for valuable consideration in money or money's worth have been satisfied. (3) In this section "married woman" and "wife" include "concubine." Property available for payment of debts. c. 59, s. 36.] back of trustee's 4 & 5 Geo. 5, title. c. 59, s. 37. 42. The bankruptcy of a debtor, whether it takes place on the debtor's own petition or upon that of a creditor or creditors, shall be deemed to have relation back to and to commence at the time of the act of bankruptcy being committed on which a receiving order is made against him, or if the bankrupt is proved to have committed more acts of bankruptcy than one, to have relation back to and to commence at the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within three months next preceding the date of the presentation of the bankruptcy petition, but no bankruptcy petition, receiving order or adjudication shall be rendered invalid by reason of any act of bankruptcy anterior to the debt of the petitioning creditor. of bank- 43. The property of the bankrupt divisible amongst his creditors, and in this Ordinance referred to as the property of the bankrupt, shall not comprise the following particulars- property amongst creditors. 4 & 5 Geo. 5, c. 59, s. 38 (1). 205 Page 35 Page 36
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Bankruptcy. but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available. [CAP. 6 ment of husband's and wife's claims. Geo. 5, [cf. 4 & 5 41. (1) Where a married woman has been adjudged Postpone- bankrupt, her husband shall not be entitled to claim any dividend as a creditor in respect of any money or other estate lent or entrusted by him to her until all claims of the other creditors of his wife for valuable consideration in money or money's worth have been satisfied. (2) Where a debtor has been adjudged bankrupt, any money or other estate of his wife lent or entrusted by her to him shall be treated as assets of his estate, and the wife shall not be entitled to claim any dividend as a creditor in respect of any such money or other estate until all claims of the other creditors of the debtor for valuable considera- tion in money or money's worth have been satisfied. (3) In this section "married woman" and "wife" include "concubine." Property available for payment of debts. c. 59, s. 36.] back of trustee's 4 & 5 Geo. 5, title. c. 59, s. 37. 42. The bankruptcy of a debtor, whether it takes place Relation on the debtor's own petition or upon that of a creditor or creditors, shall be deemed to have relation back to and to commence at the time of the act of bankruptcy being com- mitted on which a receiving order is made against him, or if the bankrupt is proved to have committed more acts of bank- ruptcy than one, to have relation back to and to commence at the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within three months next preceding the date of the presentation of the bank- ruptcy petition, but no bankruptcy petition, receiving order or adjudication shall be rendered invalid by reason of any act of bankruptcy anterior to the debt of the petitioning creditor. of bank- 43. The property of the bankrupt divisible amongst his Description creditors, and in this Ordinance referred to as the property rupt's of the bankrupt, shall not comprise the following parti- divisible culars- property amongst creditors. 4 & 5 Geo. 5, c. 59, s. 38 (1). 205 Page 35Page 36
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Bankruptcy.

but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available.

[CAP. 6

ment of husband's and wife's

claims. Geo. 5,

[cf. 4 & 5

41. (1) Where a married woman has been adjudged Postpone- bankrupt, her husband shall not be entitled to claim any dividend as a creditor in respect of any money or other estate lent or entrusted by him to her until all claims of the other creditors of his wife for valuable consideration in money or money's worth have been satisfied.

(2) Where a debtor has been adjudged bankrupt, any money or other estate of his wife lent or entrusted by her to him shall be treated as assets of his estate, and the wife shall not be entitled to claim any dividend as a creditor in respect of any such money

or other estate until all claims of the other creditors of the debtor for valuable considera- tion in money or money's worth have been satisfied.

(3) In this section "married woman" and "wife" include "concubine."

Property available for payment of debts.

c. 59, s. 36.]

back of

trustee's 4 & 5 Geo. 5,

title.

c. 59, s. 37.

42. The bankruptcy of a debtor, whether it takes place Relation on the debtor's own petition or upon that of a creditor or creditors, shall be deemed to have relation back to and to commence at the time of the act of bankruptcy being com- mitted on which a receiving order is made against him, or if the bankrupt is proved to have committed more acts of bank- ruptcy than one, to have relation back to and to commence at the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within three months next preceding the date of the presentation of the bank- ruptcy petition, but no bankruptcy petition, receiving order or adjudication shall be rendered invalid by reason of any act of bankruptcy anterior to the debt of the petitioning creditor.

of bank-

43. The property of the bankrupt divisible amongst his Description creditors, and in this Ordinance referred to as the property rupt's of the bankrupt, shall not comprise the following parti- divisible culars-

property

amongst creditors.

4 & 5 Geo. 5,

c. 59,

s. 38 (1).

205

Page 35Page 36

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