Credit Intelligence, through its wholly owned subsidiary, HKDMS, provides bankruptcy administration services to creditors when the value of the bankruptee’s assets are being likely to exceed HK$200,000.
Under the Bankruptcy Ordinance, where an individual is unable to pay their debts, they or their creditors may present a petition to court for a bankruptcy order. For cases where the value of assets is likely to exceed HK$200,000, an outside trustee will be appointed to administer the bankruptcy estate upon a bankruptcy order being made. The duty of an outside trustee includes the realisation of assets, monitoring the income and expenses of the bankruptee to ensure that they make reasonable contributions, and making distributions to creditors when there are sufficient funds in the bankruptcy estate.
HKDMS provides qualified employees to take up the appointment of outside trustee in bankruptcy cases at the general meetings of creditors. Thereafter they negotiate with creditors and ensure the smooth administration of the bankruptcy estates pursuant to the requirements of the Bankruptcy Ordinance.
The remuneration received for outside trustee services provided by HKDMS is generally based on a fixed percentage on the amount of contributions from the bankrupt estate and proceeds from the realisation of assets. Since 2010 this has been fixed at 16%. HKDMS also receives a fixed percentage of the bankruptcy distributions, which since 2010 has been set at 1%, and any remaining balance in the bankruptcy estate (if any) upon the expiration of the relevant bankruptcy period.
According to the official receiver's office, the total number of bankruptcy cases in Hong Kong was 9,750 in 2015. Credit Intelligence's bankruptcy administration service was engaged in 1,136 new cases, or 11.65% of the total number of bankruptcy cases of that year. In 2016, the total number of bankruptcy cases in Hong Kong was 8,919. Credit Intelligence was engaged in 1,089 new cases, or 12.21% of the total.
Credit Intelligence's bankruptcy administration business grew substantially in2017. For the first eight months of 2017, the total number of bankruptcy cases in Hong Kong was 5,243. Credit Intelligence was engaged in 908 new cases (17.32%). Credit Intelligence has been engaged in 1,400 cases for the whole of 2017. It is estimated that Credit Intelligence will be engaged more than last year of the whole of 2018.