The position regarding pensions has recently been addressed in some detail by the Court in Hong Kong.  As ever, one must always be careful to avoid reading too much into one decision, as every case is decided on its specific facts.  However, the case in question could turn out to be quite significant and may [...]

Commencement of the Bankruptcy

Bankruptcy commences on the making of the Bankruptcy Order. However, for the purpose of protecting creditors, the actual date of the commencement of the bankruptcy is the date of the presentation of the petition.
A bankruptcy petition can be based either on a judgment or alternatively it can now be based on [...]

The position regarding the pensions is extremely complex and the case law that does exist is mainly from the UK.
Personal Pension Policies
These are effectively savings schemes and accordingly will usually vest in the trustee.
Occupational [...]

It is often the case that the bankrupt is the owner or joint owner, with his wife, of a property. More often than not the property is the main residence of the bankrupt and his family. The Bankruptcy Amendment Ordinance recognised that this particular issue needed to be addressed. Whilst it accepted that the rights [...]

The income of the bankrupt after the making of the bankruptcy order is not after acquired property. However, provisions exist within the legislation to enable the trustee to apply to the Court for an income payments order. The order can either be that the bankrupt makes payments to the trustee from his income, or alternatively [...]

If a creditor has levied execution against the assets of the debtor, unless the execution has been completed before the date of the presentation of the petition, the proceeds will be available to the trustee for the benefit of creditors generally. In general terms, “completion of the execution” will mean that the assets have been [...]

We do not believe that it is a function of bankruptcy to keep a person in a state of bankruptcy indefinitely.

Quote from the Law Reform Commission report on Bankruptcy
Until the introduction of the Bankruptcy Amendment Ordinance it was extremely difficult [...]

Any property, which belongs to the bankrupt at the date of the bankruptcy order, is available for distribution to his creditors. In addition, certain assets, which come into his possession after the date of the bankruptcy order, but before the date of his discharge, are also available to his trustee for the benefit of his [...]