Registration of Bankruptcy Order against spouse’s property

In Re Flat F 30/F Tower 20 (Hoi Kwai Mansion), Riviera Gardens ([2013] HKEC 286, CFI) H gave W the net proceeds of sale of a property he had sold. She used this money towards the cost of the renovation of a flat that she bought in her sole name. H became bankrupt and the Official Receiver registered the bankruptcy order against the title to the flat. W now sought to have the registration removed. She failed. Rule 73 of the Bankruptcy Rules allows the Official Receiver to register a bankruptcy order against the property of a spouse. W’s attempt was not helped by the fact that she had acknowledged that H had an interest in the flat (though it is not clear that the lack of such an acknowledgement would have made a difference). A bankruptcy order is not a lis pendens.

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