Bankruptcy, Individual Voluntary Arrangement and Winding-up of Companies
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8. When will the bankrupt be discharged from the bankruptcy order? Will the bankrupt still be liable for the debts after the discharge of the bankruptcy order?

If the bankrupt has not previously been adjudged bankrupt, then the bankruptcy order will be discharged in 4 years after the date of issue, provided that there is no valid objection from creditors and the bankrupt has fully complied with the provisions of the Bankruptcy Ordinance.

If the bankrupt has been previously adjudged bankrupt, then the order will be discharged in 5 years after its date of issue.

If creditors have valid objections (due to the bankrupt's unsatisfactory conduct or failure to fully disclose the assets or earnings, etc.) against the discharge of the bankruptcy order, then the order may be extended for a maximum period of 4 years. In case the bankrupt has been previously adjudged bankrupt, the maximum period of the extension is 3 years.

You should also refer to question 4 about the possible suspension of the date of discharge (if the bankrupt leaves Hong Kong ).

When a bankruptcy order is discharged, the bankrupt is released from all provable debts, including any debts or liabilities that were proved in the bankruptcy proceedings. However, the bankrupt remains liable for the following debts regardless of the discharge of the bankruptcy order: those incurred by fraud, fines imposed for offences, or damages in respect of personal injuries to other persons, etc.

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