Bankruptcy filing is for people who are unable to arrange any of the existing debt restructuring services in Hong Kong, or whose finance and debt repayment ability cannot continue to bear their debts.
Filing bankruptcy and the subsequent procedures are extremely complicated, and cannot be done in a short period of time. In addition, after a successful bankruptcy is filed, within a certain period of time, the applicant’s life will be restrained to a certain extent, and the bankruptcy records will be permanently retained. Therefore, please be reminded that you should not believe in the rumors that filing bankruptcy is the solution to everything and you will no longer have to pay your debts after bankruptcy.
You need to keep in mind that the income of most of the bankrupts will be retained for living expenses and the rest will be used for paying debt in the following 4 to 8 years (depending on the case).
If you need any professional advice regard to bankruptcy filing, please feel free to contact our team. HKDRS will serve you attentively and provide you with reasonable fees and relevant professional advice.
Procedures of filing bankruptcy
Applicants need to download the following forms from the official website of the Hong Kong Official Receiver’s Office:
Document 1: “Debtor’s Bankruptcy Petition” on Form 3 of Bankruptcy (Forms) Rules
Document 2: “Statement of Affairs (Debtor’s Petition)” on Form 28C of Bankruptcy (Forms) Rules (including secured and unsecured creditors, assets, current income status, monthly fixed income and all expenditure, etc. )
After completing the form, you need to prepare the relevant documents and submit it to the Hong Kong Official Receiver’s Office together with the forms, and pay a sum of HK$8,000 for bankruptcy filing.
After submitting the application forms, applicants have to swear on the “Statement of Affairs (Debtor’s Petition).” And have it attested by a lawyer, the Registrar of the High Court or an authorized official of the Official Receiver’s Office.
After the swear, applicants need to bring the relevant documents and the deposit receipt issued by the Official Receiver’s Office to the High Court.
Firstly, applicant have to pay an application fee of HK$1,045 at the payment counter of the Accounting Department of the High Court. After completing the payment, go to the High Court Registry to obtain your bankruptcy case number and then obtain the date and time of the Petition hearing from the Senior Judicial Clerk of the Registry of the High Court, and formally submit the “Debtor’s Bankruptcy Petition” and “Statement of Affairs (Debtor’s Petition)”.
Applicants will wait for the hearing after all above procedures complete, and the bankruptcy order will be officially issued after the approval.
Professional bankruptcy consulting
In order to maintain the living of individuals and family members, some debtors may choose to file bankruptcy, through judicial procedures to protect the debtors from heavy debts that will seriously affect the living of themselves and their family members. However, bankruptcy procedures are very complicated, with different stages, which involve many legal documents and bankruptcy procedures. If it is handled carelessly and is handled by someone without enough knowledge, it will easily cause huge legal liabilities.
Our team of professional lawyers has been handling the bankruptcy applications for many years, and will provide you with professional legal support and assistance in court and with other legal matters. We will follow up your application case attentively to ensure you a reasonable charge and there will not be any additional problems and extra costs.
**All personal information will be kept confidential**