Examples of Insolvent Party in a sentence
However, these provisions do not apply to contingent debts owing to the Insolvent Party.
Section 34 of the Bankruptcy Ordinance provides that contingent debts owing by a Hong Kong Company in winding up (the Insolvent Party) to another person are provable and that an estimate can be made by the liquidator of the value of such contingent debts.
In addition, Section 268 of the Companies Ordinance does not entitle a liquidator of the Insolvent Party to disclaim a contract if and to the extent that Statutory Insolvency Set-Off has been effective to convert into an amount due and payable any liability or obligation which, but for the operation of Statutory Insolvency Set-Off, would have been required to be discharged or performed by the Insolvent Party at some future time.
A liquidator may therefore, following the commencement of the winding-up of that Insolvent Party, seek to disclaim any contract entered into by that Insolvent Party, if the liquidator considers that contract to be an unprofitable contract.
Accordingly, if a debt to the Insolvent Party remains contingent, the fact that nothing is "due" in respect of it, whether by way of an estimate of its value or otherwise, means that it cannot be brought into account in a set-off, unless the contingency is fulfilled during the course of the winding-up proceeding.