Bankruptcy, Individual Voluntary Arrangement and Winding-up of Companies
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10. When will Mr. T be discharged from his bankruptcy order?

The bankruptcy order will be discharged in 4 years after its issuance if :
  • Mr. T has not been previously adjudged bankrupt;
  • There is no valid objection from ABC Bank and other creditors against the discharge; and
  • Mr. T has fully complied with the provisions in the Bankruptcy Ordinance

If Mr. T has been previously adjudged bankrupt, then the order will be discharged in 5 years.

If ABC Bank or other creditors successfully object to the discharge of the bankruptcy order (e.g. due to Mr. T's unsatisfactory conduct, failure to fully disclose his assets/earnings, etc. ), then the order may be extended for a maximum of 4 years (if Mr. T has previously been adjudged bankrupt, the maximum extension is 3 years).

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

The Court may, as a condition of granting the discharge, order Mr. T to continue to make contributions to repaying his debt in such amount and for such period as it considers appropriate but not exceeding eight years from the date the bankruptcy order.

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