Creditors
can still claim from late bankrupt's estate, say
lawyers
May 02, 2007
EVEN death doesn't write off some debts, it appears.
Those who die bankrupt can still be liable for their debts.
A bankruptcy notice appeared in The Straits Times last Monday,
asking creditors to file claims for debts owed by Tony Koh Zhan
Quan.
Koh, 39, was hanged last April for murdering used car dealer Bock
Tuan Thong, 56.
Koh's name was among a list of 32 bankrupts in the notice.
LAWYER ASSIGNED
Lawyer Loo Ngan Chor from Lee & Lee, who represented Koh in the
murder trial, confirmed his client was a bankrupt after checking
his NRIC number.
Mr Loo said: 'Koh had been a bankrupt for a long time, since the
1990s. His case was assigned to me by the State, since it was a
capital charge.'
The State will assign a lawyer for those who cannot afford one when
they are charged with capital offences such as murder and drug
trafficking.
The notice stated that the Official Assignee (OA) would like to
ascertain Koh's liabilities so as to distribute payment to his
creditors.
The notice also stated that creditors had to state their claims by
next Monday. Otherwise, they may not be able to receive any
payment.
A checks showed Koh was declared a bankrupt in November 1997, after
failing to pay more than $8,000 to securities firm Kay Hian.
UOB Securities, which merged with Kay Hian in 2000, then took over
the debt, which remains unpaid.
Lawyers who spoke to The New Paper said that even after death, a
bankrupt's properties continue to be owned by the Official
Assignee.
So creditors can continue to claim repayments from Koh's estate.
Estate means the assets a person has.
Lawyer Michael Low said: 'Creditors not only can claim from the
estate, but they can also lodge a caveat on the estate when the
administrators try to disburse the assets.
A caveat is a legal notice to suspend a certain proceeding.
'Once a caveat is lodged, there'll be difficulty in disbursing the
assets.'
Lawyer Kirpal Singh said: 'Until they're discharged, bankrupts
don't have the right to will their assets to beneficiaries. So for
undischarged bankrupts, it's the OA's normal practice to place
notices in the papers regularly, asking other creditors to come
forward.'
Koh's family could not be contacted for comment.
At the time of the murder trial, Koh was divorced and lived in a
rented flat.
On 2 Apr, 2004, Koh, a freelance Taoist priest, plotted with
coffeeshop assistant Lim Poh Lye, 45, to rob
Mr Bock of $600,000 by making him sign cheques.
ACCOMPLICE AT LARGE
Another accomplice, Ng Kim Soon, 44, is still at large.
The trio lured Mr Bock to to the Automobile Megamart in Ubi Road,
on the pretext of discussing business.
Mr Bock drove his brother's maroon Mercedes-Benz to the meeting,
but the trio forced him into the back seat of the car and drove
off. While in the car, they forced him to sign some cheques.
During the struggle, Mr Bock was stabbed several times on his
thighs, causing him to bleed to death. They then drove to a
multi-storey carpark in Boon Keng Road, dumped Mr Bock into the car
boot, and left.
Koh fled to Kuala Lumpur, but surrendered at the Singapore Embassy
there and was extradited on 22 May that year.
Koh and Lim were charged with murder and were initially convicted
of only robbery with hurt.
After the prosecution appealed, the duo were convicted of murder on
15 Jul, 2005.