1986 Ed.]
Bankruptcy
[CAP. 6
31
(3) Notice of the order rescinding a receiving order or annulling an adjudication shall be forthwith gazetted and shall be advertised in at least 2 local newspapers, one of which shall be Chinese, or as may be prescribed. (Amended, 45 of 1986, s. 4)
(4) For the purposes of this section, any debt disputed by a debtor shall be considered as paid in full if the debtor enters into a bond, in such sum and with such sureties as the court approves, to pay the amount to be recovered in any proceeding for the recovery of or concerning the debt, with costs, and any debt due to a creditor who cannot be found or cannot be identified shall be considered as paid in full if paid into court.
PART III
ADMINISTRATION OF PROPERTY
Proof of debts
34. (1) Demands in the nature of unliquidated damages arising otherwise than by reason of a contract, promise or breach of trust shall not be provable in bankruptcy.
(2) A person having notice of any act of bankruptcy available against the debtor shall not prove in bankruptcy for any debt or liability contracted by the debtor subsequently to the date of his so having notice. (Amended, 13 of 1966, Schedule)
(3) Save as aforesaid, all debts and liabilities, present or future, certain or contingent, to which the debtor is subject at the date of the receiving order, or to which he may become subject before his discharge by reason of any obligation incurred before the date of the receiving order, including a liability to pay further damages as provided for in section 56A(2)(b) of the Supreme Court Ordinance (following an award of provisional damages), shall be deemed to be debts provable in bankruptcy. (Amended, 40 of 1986, s. 5)
(4) An estimate shall be made by the trustee of the value of any debt or liability provable as aforesaid which by reason of its being subject to any contingency or contingencies, or for any other reason, does not bear a certain value.
(5) Any person aggrieved by any estimate made by the trustee as aforesaid may appeal to the court.
(6) If in the opinion of the court the value of the debt or liability is incapable of being fairly estimated, the court may make an order to that effect, and thereupon the debt or liability shall, for the purposes of this Ordinance, be deemed to be a debt not provable in bankruptcy.
Description of debts provable in bankruptcy.
1914 c. 59, s. 30.
(Cap. 4)
1986 Ed.]
Bankruptcy
[CAP. 6
31
(3) Notice of the order rescinding a receiving order or annul- ling an adjudication shall be forthwith gazetted and shall be advertised in at least 2 local newspapers, one of which shall be Chinese, or as may be prescribed. (Amended, 45 of 1986, s. 4)
(4) For the purposes of this section, any debt disputed by a debtor shall be considered as paid in full if the debtor enters into a bond, in such sum and with such sureties as the court approves, to pay the amount to be recovered in any proceeding for the recovery of or concerning the debt, with costs, and any debt due to a creditor who cannot be found or cannot be identified shall be considered as paid in full if paid into court.
PART III
ADMINISTRATION OF PROPERTY
Proof of debts
34. (1) Demands in the nature of unliquidated damages arising otherwise than by reason of a contract, promise or breach of trust shall not be provable in bankruptcy.
(2) A person having notice of any act of bankruptcy available against the debtor shall not prove in bankruptcy for any debt or liability contracted by the debtor subsequently to the date of his so having notice. (Amended, 13 of 1966, Schedule)
(3) Save as aforesaid, all debts and liabilities, present or future, certain or contingent, to which the debtor is subject at the date of the receiving order, or to which he may become subject before his discharge by reason of any obligation incurred before the date of the receiving order, including a liability to pay further damages as provided for in section 56A(2)(b) of the Supreme Court Ordinance (following an award of provisional damages), shall be deemed to be debts provable in bankruptcy. (Amended, 40 of 1986, s. 5)
(4) An estimate shall be made by the trustee of the value of any debt or liability provable as aforesaid which by reason of its being subject to any contingency or contingencies, or for any other reason, does not bear a certain value.
(5) Any person aggrieved by any estimate made by the trustee as aforesaid may appeal to the court.
(6) If in the opinion of the court the value of the debt or liability is incapable of being fairly estimated, the court may make an order to that effect, and thereupon the debt or liability shall, for the purposes of this Ordinance, be deemed to be a debt not provable in bankruptcy.
Description of debts provable in bankruptcy.
1914 c. 59, s. 30.
(Cap. 4)
No comments yet.
Private notes are available after approval.