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Lee Siu Fung Siegfried[2021] 5 HKLRD 627

In January 2001, a bankruptcy petition was presented against Mr. Lee Siu Fung Siegfried in respect of a HK$322 million debt arising out of a guarantee given by him. In or around September 2016, the trustees in bankruptcy obtained an order for the private examination of Mr. Lee and the Applicants, who are the younger brother and son of Mr. Lee.

Re So Tsz Man[2021] HKCFI 3732

This case concerns the self-petitions presented by four debtors for their own bankruptcy (the “Four Petitions”). The Four Petitions (i.e. Re So  Tsz  Man(HCB  7033/2020), Re  Lee  Wing(HCB 7299/2020), Re Tam Wai Yiu(HCB 7569/2020) and Re Qiu Wenjun(HCB 3930/2021) shared a substantial similar fact pattern:

Re Hsin Chong Construction Co Ltd (Provisional Liquidators: Application for Directions)

[2021] 5 HKLRD 212, [2021] HKCA 1581

Chan Seung Bun v Wong King Fai Joe and Another[2021] HKCFI 3572

The Company was co-founded by the petitioner Mr. Chan Seung Bun (the “Petitioner”) and the late 1st Respondent (“R1”), now represented by the joint executrices of the estate (the “Executrices”) in 2013. It was not in dispute that the Company was a quasi-partnership established based on mutual trust and confidence between the Petitioner and R1. The Company had been profitable since its establishment.

Re GTI Holdings Ltd[2021] HKCFI 3647

The Company was incorporated in the Cayman Islands and listed on the Main Board of the HKEX. The Petitioner sought to wind up the Company on the ground that the Company failed to satisfy a statutory demand served upon it on 21 January 2020. On 26 May 2020, the Company presented a winding up petition (“Petition”) against itself and applied for the appointment of PLs for restructuring purpose with the Grand Court of the Cayman Islands. Subsequently, on 28 May 2020, the Cayman Court appointed PLs over the Company.

The standalone moratorium has been a seldom used restructuring tool since its introduction under the Corporate Insolvency and Governance Act 2020.

Over recent months we have seen numerous references in the press to investigations into Bounce Back Loan Scheme (BBLS) fraud. A year ago the National Audit Office estimated that around 11% of the loans granted (some £4.9bn) were procured fraudulently. More recent official estimates suggest the figure is between £3.3bn and £5bn.

Needless to say attempting to recover these funds is a enormous task. The National Crime Agency is investigating some of the biggest cases, but equally banks and HMRC are actively seeking to identify fraud and recover the loans.

Customers of Amigo loans will have the opportunity to vote at creditor meetings in relation to two alternative scheme proposals, following its recent leave to convene hearing. In a judgment handed down on 15 March, the court gave leave to convene simultaneous creditors' meetings in relation to two schemes - termed the "New Business Scheme" and the "Wind-Down Scheme".