Publications
 

Debtor's Bankruptcy Petition Procedural Guide


Bar
 
 
 

Important Note

This Guide sets out the procedures for filing a debtor's petition. Information about the impact of bankruptcy and a bankrupt's duties are set out in 'Simple Guide On Bankruptcy' which is obtainable from the Official Receiver's Office free of charge. You are strongly advised to consider whether Individual Voluntary Arrangement (IVA) would be appropriate for resolving the problem of debts before filing a petition for bankruptcy. Further information about IVA can be obtained from the Official Receiver's Office and other bodies experienced in insolvency matters such as accountants, solicitors, etc.The information concerning bankruptcy and IVA can also be obtained from the website http://www.oro.gov.hk or by fax-on-demand through telephone number 2867 2448.

Important Notice : Disclaimer

The information provided in this publication is for reference only. The Government gives no express or implied warranty to the accuracy of the information provided in nor will be responsible for the content of this publication.

The Government does not accept any responsibility and liability for any loss or damage whatsoever arising in contract, tort or any cause whatsoever in connection with this publication. The Government is entitled to delete, suspend or edit all information on this publication at any time at its absolute discretion without giving any reason. Users are responsible for making their own assessments of all information contained in or in connection with this publication and are advised to verify the authenticity of such information or seek independent advice before relying on the information.

Procedures for Filing a Debtor's Petition

1

A debtor who files a petition for his/her own bankruptcy is required to:-

 
1.1 Completion of forms
 

Complete, either in Chinese or English, unless otherwise specified in the Explanatory Notes , the "Debtor's Bankruptcy Petition" on Form 3 [Pages (i) - (iii)] and the "Statement of Affairs (Debtor's Petition)" on Form 28C [Pages (v) - (xvi)]. Read carefully the Explanatory Notes on Pages 5 - 8 before you complete the forms.

 
Forms for Downloading
Save in Chinese MS-Word format
   
1.2 Deposit by petitioner
 

Go to the Official Receiver's Office (the ORO), with the above completed documents, to deposit with the Official Receiver a sum of $8,000 (to cover the fees and expenses to be incurred by the Official Receiver or the trustee) at the Reception Counter, 10/F, High Block, Queensway Government Offices, 66 Queensway, Hong Kong. The opening hours for payment are as follows :

 

Monday - Friday 9:00 a.m. - 4:30 p.m.
   
1.3 Attestation
 
(a)

Have the Petition attested before a solicitor, the Registrar of the High Court or an authorised staff of the ORO.

(b)

Have the Statement of Affairs sworn before a solicitor, Commissioner of Oaths or an officer of the court duly authorized to administer oaths which includes the Official Receiver, Commissioner for Oath of the High Court; etc.

(c)

The timetable of the attestation sessions in the ORO is set out below :

 
Day Session Time Quota Available
Monday - Friday 10:00 a.m. – 12:00 noon 25
2:00 p.m. – 4:00 p.m. 25
 

A petitioner who wishes to use the attestation service of the ORO for any session should register in person at the Reception Counter, 10/F, High Block, Queensway Government Offices, 66 Queensway, Hong Kong before or during that session time. The staff of the Reception Counter will give him a quota with priority number if there is still unused quota for that session. However, if there is no quota available for that session, he will be given a quota for the next session with unused quota. Attestations will be done on a first-come-first-serve basis.

   
1.4 Court fee
 

Go to the High Court, with the Petition, the Statement of Affairs and the deposit receipt issued by the ORO, to pay a court fee of $1,045 at the Shroff in the Accounts Office.

   
1.5 Filing at High Court
 
(a)

Obtain a bankruptcy case number at the counter of the High Court Registry.

(b) Go to the Senior Judicial Clerk at the High Court Registry to:
 
(i) obtain a date and time for hearing;
(ii)

affix one of the two stickers provided by the Registry onto the petition and keep the other one;

(iii)

enter the filing date in the 'Endorsement' part of the petition; and

(iv) enter the filing date and time against 'Filed on' on the back sheet of the petition.
(c)

Make two copies each of the Petition and the Statement of Affairs for submission to the ORO and for your own record. Photocopying can be made at the High Court Registry on payment of a prescribed fee by Octopus.

(d)

Submit the originals of the Petition and the Statement of Affairs, two copies of the Petition and the other sticker to the counter of the High Court Registry. Retrieve the two copies of the Petition after they have been sealed.

(e)

The opening hours of the High Court are as follows:

 
Monday - Friday 8:45 a.m. - 1:00 p.m. 
2:00 p.m. - 5:30 p.m.
   
1.6 Submission to ORO
 
(a)

Submit a sealed copy of the Petition and a copy of the Statement of Affairs to the Reception Counter of the ORO immediately after 1.5 (d) above.

(b)

Obtain a Preliminary Examination Questionnaire (EA/B-11) and a Monthly Income and Expenses Assessment Form (EA/B-7Aa) from the Reception Counter of the ORO.

   
 

Hearing

2

The debtor should attend the hearing at the court at the appointed date and time.

   
 

After Making of Bankruptcy Order

3

Immediately after the making of the Bankruptcy Order, the bankrupt must:-

 
3.1 Initial Interview
 
(a)

Contact the ORO or an agent of the ORO or the provisional trustee as notified in a letter issued by the ORO to make an appointment for the initial interview and arrangements for handing over the assets and the accounting books and records in the case of trading bankruptcy.

(b)

Submit the completed Preliminary Examination Questionnaire and Monthly Income and Expenses Assessment Form at the initial interview.

(c)

If the bankrupt fails to physically attend the initial interview or has physically attended the initial interview, but failed to provide all of the information concerning the bankrupt’s affairs, dealings and property as reasonably required by the provisional trustee/trustee at the initial interview, the provisional trustee/trustee may apply to the court for a non-commencement order against the bankrupt. The effect of the non-commencement order is to delay the commencement of the relevant period of bankruptcy until compliance with the terms of the order. As a result, the date of the automatic discharge will be delayed accordingly.

   
3.2 Preparation of Bankruptcy Order
 
(a)

Submit a draft of the Order using the Form [Sample 1] to the Masters' Clerks at the High Court Registry within seven days after the making of a Bankruptcy Order. The Masters' Clerks will return the approved draft by post.

(b)

On receipt of the approved draft from the Masters' Clerks, prepare in triplicate, according to the approved draft, a Bankruptcy Order together with the backing sheet using the Form [Sample 2]. The word "DRAFT" should be deleted. Submit, within seven days after the receipt of the approved draft, all three copies of Bankruptcy Order together with the approved draft for vetting at the counter of the High Court Registry.

   
3.3 Filing of Bankruptcy Order
 
(a)

Retrieve the copies from the counter of the High Court Registry and take them to the Senior Judicial Clerk at the High Court Registry to:

 
(i) have the vetted copies sealed;
(ii)

enter the filing date and time on the copies; and

(iii) file a sealed copy to the Senior Judicial Clerk.
(b)

Submit two sealed copies of the Bankruptcy Order to the ORO or the provisional trustee.

   
3.4 Bankrupt’s Assets
 
(a)

Hand over all assets to the provisional trustee/trustee. Upon the making of the bankruptcy order, all the bankrupt’s assets (including interest in real estate) are vested in the trustee and will remain so after the bankrupt’s discharge from bankruptcy. The bankrupt’s discharge from bankruptcy does not mean that the assets of the bankrupt vested in the trustee will revert to the bankrupt. The trustee has the power to continue to administer the assets even after the bankrupt's discharge from bankruptcy and to realize the assets at any time for the benefit of the creditors.

(b)

In general, the sale and purchase of the vested properties shall be based on their prevailing market value at the time of disposal and the market value may vary from time to time.

   
 

Enquiries

4 If further information is required, please contact us:
 
Mail : The Departmental Secretary
Official Receiver' Office
10/F - 12/F, High Block, Queensway Government Offices
66 Queensway, Hong Kong
Telephone : 2867 2448
Fax : 3105 1814
E-mail : oroadmin@oro.gov.hk
   
 

Explanatory Notes For Preparing A Debtor's Bankruptcy Petition, Statement Of Affairs And Bankruptcy Order

Codes Details to be Provided Applicable Forms
Form 3 (Debtor's Bank-ruptcy Petition) Form 28C (State-ment of Affairs) Bank-ruptcy Order
(1)

Insert the first part of the case number allocated by the High Court Registry.

(2)

Insert the second part of the case number.

(3)

Insert the name of the debtor/bankrupt.

(4) Insert :
(a)

Full name(s) and address(es) in Chinese and English
(e.g. 陳大文, 香港金鐘金鐘花園, 6C; Chan Tai Man, 6C, Queensway Garden, Admiralty, Hong Kong);

(b)

Occupation, trade or profession
(e.g. Clerk, Trading; Shop Assistant, Department Store; Manager, Insurance; etc.); and

(c) Hong Kong Identity Card Number or, if not available, number and issuing country of any passport of debtor.














(5)

Insert in full any other name(s) in Chinese and English by which the debtor is or has been known.



(6)

Insert former residential address(es) in Chinese and English, if the debtor has incurred debts or liabilities therein which are still outstanding.



(7) Insert :
(a)

Trading name in Chinese and English. In the case of partnership, this should be specified
[ e.g. 大文公司, 與其他人一起營業; Tai Man Company, with others as partners ];

(b)

Business address in Chinese and English ; and

(c)

Nature of business
[ e.g. Refurbishment; Transportation; Engineering; etc. ].











(8)

Insert any former trading name(s) in Chinese and English, business(es) address(es) in Chinese and English, and nature of the business(es) in respect of which the debtor may have incurred debts or liabilities still unpaid or unsatisfied.



(9) Delete if not applicable.

(10) Insert :
(a)

Full name(s) in Chinese and English;

(b) Occupation; and
(c)

Hong Kong Identity Card Number or, if not available, number and issuing country of any passport of debtor.





(11)

Insert the date of attestation/affirmation.


(12)

Insert the name of the person before whom the Petition/Statement of Affairs is attested/sworn.


(13)

Insert the name and address of the person before whom the Petition/Statement of Affairs is attested/sworn.


(14)

Signature of the bankrupt [ * For the Bankruptcy Order, only required in the draft but not in the fair version ] .

✔*
(15)

Insert the date of filing the Petition.


(16)

Affix the sticker provided by the Senior Judicial Clerk in the Petition.



(17)

Insert the date and time of filing the Petition.



(18)

Insert the residential address of the debtor/bankrupt.


(19)

Insert the telephone number of the debtor/bankrupt.


(20)

Insert the name of the Master granting the Bankruptcy Order.



(21)

Insert the date of the Bankruptcy Order.



(22)

Insert the date and time of filing the sealed copy of the Bankruptcy Order to the Senior Judicial Clerk.



(23)

List A: Secured Creditors" is for listing creditors holding security(ies) provided by the debtor including details of the debts and the security(ies). If, in respect of any debt, the proceeds from the sale of the security(ies) are insufficient to cover the debt, the balance of the debt should be listed under List B: Unsecured Creditors".



(List A)

(24)

Provide a description of the security, purchase cost and estimated current value. In addition, for mortgaged property, the address should be provided. For vehicles under hire purchase, the registration number, make and year of manufacture should be provided.



(List A)

(25)

List all creditors other than those listed in "List A: Secured Creditors" including:

(a)

Personal loans and credit card facilities obtained from banks and financial institutions;

(b) Trade debts;
(c)

Outstanding salary/wages due to employees;

(d)

Outstanding payments due to government departments;

(e)

Guarantees given by the debtor;

(f) Balance of debt mentioned in (23); etc.


(List B)

(26)

Provide details of account(s) in bank(s) and financial institution(s), other than time deposit account(s), in and outside Hong Kong, including name(s) of the institution(s), account number(s), balance in each account and share of interest in each account.



(List C1)

(27)

Insert details of business account(s) in bank(s) and financial institution(s) in and outside Hong Kong, including name(s) of the institution(s), account number(s), balance in each account, share of interest in each account, name(s) of business(es), B.R. Number(s), name(s) of partner(s), if any, and share of interest in the business(es).



(List C1)

(28)

Insert details of time deposit account(s) in bank(s) and financial institution(s) in and outside Hong Kong, including name(s) of the institution(s), account number(s), balance in each account and share of interest in each account.



(List C1)

(29)

Provide description and amount of other savings in and outside Hong Kong
[ e.g. Tax Reserve Certificate, Savings with Credit Union; etc.] .



(List C2)

(30)

Insert name(s) of registered owner, registration number, make and year of manufacture.



(List C2)

(31)

Insert name(s) of registered owner(s), registration number(s), make, year of manufacture, share of interest in the vehicle(s) and name(s) and address(es) of co-owner(s), if any.



(List C2)

(32)

Provide details of policies of which the debtor is either the policy owner, the insured or the beneficiary, including name(s) of insurance company(ies), policy number(s), insured amount(s), amount(s) paid, surrender value and name(s) and the relationship of the debtor with the policy owner, the insured or the beneficiary.



(List C3)

(33)

Provide details of book debts, including name(s) and address(es) of book debtors, amount of debts, nature of debts, particulars of any security held for the debts and the legal action number(s), if any.



(List C3)

(34)

Provide details of stock including type of goods, quantity, location, purchase cost and estimated current value.



(List C3)

(35)

Insert details of other property in and outside Hong Kong including:

(a)

Cash in hand, cash held by other person(s) on the debtor's behalf;

(b)

Stocks, shares, bonds, mutual trust funds, other financial securities;

(c)

Jewellery, antiques, other valuables;

(d)

Bills of exchange, promissory notes;

(e) Legacy;
(f)

Provident funds, pensions, benefits from retirement scheme, end of contract payment;

(g) Debenture;
(h)

Machinery, plant, equipment;

(i) Goodwill of business, intellectual properties;
(j)

Landed properties including those of the spouse [ address(es) should be provided ] ; etc.



(List C3)

(36)

Insert Distraint Action Number.



(List D)

(37) Insert legal action number.

(List E)

(38)

Provide description of each item of income including:

(a)

Salary, commission, allowance;

(b)

Income from self-employment;

(c)

Pensions/Retirement scheme, social security;

(d)

Income of spouse, maintenance if divorced; etc.



(List G)

(39)

Provide description of each item of expenditure [ e.g.

(a)

Rent, rates, management fees;

(b) Utilities charges;
(c) School fees;
(d) Food expenses;
(e) Travelling expenses;
(f) Provisions for tax and provident fund contribution;
(g) Dependant(s)' expenses; etc. ].


(List G)

(40)

Provide description of each item
[ e.g. Social security, Disability Allowance, Employees' Compensation; etc. ].



(List H)