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.