please write as if it was a hong kong legal affirmation written by a Barrister
1. There were disputed invoices with Hugill & Ip regarding their firm being engaged to defend against the Shapiro’s HCMP 1847 of 2020 Originating Summons and other related matters, which transpired in late 2020 and early half of 2021 (‘joint defense’). I note the Shapiro’s maliciously put forward these litigation forcing D1-D4 to defend themselves until present. This is relevant because the Shapiro’s have stated their malicious purpose was to bankrupt myself and our family.
2. The Shapiro’s now have Four Active High Court litigations (1. HCMP 1429 of 2020, 2. HCA 757 of 2021, 3. HCMP 1429 of 2022, and 4. HCA 1238 of 2023, and 5. US Subpoena from around September 2022 designed to harass myself, my 84 year old Mother and 83 year old Father, and my sister. This is relevant because the disputed Hugil & IP legal invoices and this bankruptcy petition derived from the Shapiro’s malicious litigations which continue until this day.
3. I hope the perspective of ‘irresponsible’ conduct by the Petitioner who openly ADMITS ‘to aiding and abetting’ the nefarious Shapiro’s in this manner have served only to further encouraged the Shapiro’s to use the Petitioner to cause duress to myself, my family, and most importantly to the children is clearly understood by the HK Family Court.
4.The Shapiro’s are clearly malicious people, and I verily believe has been offered compensation from the Shapiro’s for her open collaboration sharing our confidential HK Family Court information with the Shapiro’s for malicious use. The Petitioner already ADMITTED under oath to getting her ‘old job’ back (which implies she is qualified to get the same ‘job’ at another company) or as we know has been offered a ‘job’ where she does not really need to even show up. The evidence already on record already show Jason’s malicious intent harassing my family members and accessing confidential HK Family Court information for malicious purposes as supported by the Petitioner. I believe these facts are very relevant.
3. Hugil & IP were representing D1-D4 George, James, Georgia, Toula Varvitsiotis (‘Joint Defense’), which we later learned had conflicting interests and D1-D4 were jointly responsible for the invoices which was part of this in our opinion dispute. D1, and D2-D4 have never been in any High Court litigations or any litigations of this nature before. D1 has never been in any litigations before in his 49 years of age or before all of this starting in October 2020.
4. This Invoice dispute lasted for some two years and Hugill & Ip began litigation in and around November 2022. There was a Summary Judgement hearing in and around April 2023, where attempts were made prior to and during this time to settle, but did not go through.
5. In April 2023, we contested but lost the Summary Judgement and had to pay additional costs all totaling some $811,000 HKD. The balance of the invoice was changed to some 95% of the total sum to be owned by George Varvitsiotis, and some 5% for D2-D4. D1-D4 were jointly responsible for $180,000 HKD of legal costs. We were self represented and Hugill & Ip employed a top barrister for this matter.
5. From this position Hugill & Ip promptly issued a Statutory Demand in the early Summer 2023, which was at this point hopeless to contest after losing the hotly contested Summary Judgement, and too costly to attempt.
6. Shortly after, Hugill & Ip initiated bankruptcy proceedings with the Statutory demand as clear negotiating leverage after winning the Summary Judgement.
7. D1 - George clearly did not have the funds or ability to borrow anymore to pay the Statutory Demand (D1 has already maxed out his borrowing capacity in 2022 to pay as best he could the unaffordable Interim Cost Order of August 2021, which put me on course of bankruptcy). For the avoidance of any doubts, I could not pay the Hugill & IP Invoices, and prioritized the Interim Maintenance over this obligation and still went into severe personal debt documenting why living in HK is unaffordable and unsustainable.
8. WP talks were initiated in the late spring and summer 2023 between George, Hugil & Ip, and my family members for the ‘Joint Defense’ from Hugil & Ip.
9. The hearing on November 21, 2023 was mutually vacated until February 20, 2023 where settlement talks continue. A settlement in principle has been agreed to pay $674,614 HKD – a material reduction of some ($136,386 HKD) less from the Statutory Demand of $811,000 HKD This discount was material. This debt and discount is not yet settled are still pending and not final.
Pending and Still not Finalized Agreements to avoid my Bankruptcy
10. The discussed discounted agreement in principle cannot be paid by myself D1. Georgia Varvitsiotis will need to take a second equity loan of some $100,000 USD (which was very difficult to attain, and prior attempt, which is the maximum she can borrow or ‘Second Mortgage’ which will be fully drawn to pay this Hugil & Ip invoice). For the avoidance of any doubts, my mother cannot and will not borrow anymore on her 19 Hazelwood Lane home. Georgia has no more ability to borrow on her home. But I had to return my gifted some 9% ownership given to me for my mother before she would even consider doing this.
11. For this reason and all the prior accumulated debts which far exceeded the ‘second mortgage’, I returned my gifted ownership in the 19 Hazelwood lane home gifted to me back to my mother to repay part of my existing several hundred thousands of debt owned to her (Exhibit 1 ), and growing debts to my Mother Georgia. For the avoidance of any doubts, only under this condition would my Mother consider loaning me anymore money and I returned my gifted ownership (given to me at no costs) in 19 Hazelwood to repay part of my prior debts.
Summary repayment Terms to Georgia Varvitsiotis to repay Bankruptcy Petitioner to avoid Hugill & Ip bankrupting me.
a. If the Hugil & Ip debt is paid off as above, George Varvitsiotis will start repaying back the debt in March 2023 @ $27,000 HKD per month for 29 consecutive monthly payments at ZERO interests by Senior Secured deed.
b. This amount will sum up to be around $780,000 HKD or $100,000 USD, which is the exact same amount of my mother’s fully drawn ‘Second’ Home Equity line mortgage. I note my mother is paying ‘interest’ on her home equity line loan but was gracious enough to offer me an ‘interest free’ loan with the above schedule. This loan agreement is currently verbal and will be executed by Senior Secured Deed and is conditional of course to settling the Hugil & Ip bankruptcy petition and any all outstanding debt.
c. Furthermore, Georgia Varvitsiotis will also take a first lien on all of D1 (George’s) Security for Costs for all legal expenses from the Shapiro joint defense legal fees. This was established already agreed verbal agreement, and I have paid no legal fees since early 2021 – present for myself or any family members and relied on ‘borrowings’ for the ‘joint defense’. But this verbal agreement will also be formalized in the aforementioned yet to finalized and created Senior Secured Deed. As stated, given the Shapiro’s poor litigations we are confident that its just a matter of time to have all legal costs paid and that is why D1-D4 are pressing for a final trial and the Shapiro’s are doing everything possible to delay their own litigations as ‘the Plaintiff’, which should speak loudly on its own.
c. The paperwork needs to be drafted and finalized and this deal to repay Hugill & Ip in this manner is not yet closed. I am not out of the woods and bankruptcy remains a very real looming possibility for myself. This matter should be resolved by February 20, 2024 Bankruptcy Petition hearing (or not).
d. My mother cannot keep supporting us in Hong Kong as the high costs of housing, the high cost of living, and these mountains of debt to service is impractical and impossible to maintain. And my Mother and family will not put themselves at risk of the same indebtedness I have put myself into to continue funding me and the children to remain here in Hong Kong.
12. I attach the requested Bankruptcy Petition documents requested. Our hope is the above deal to avoid bankruptcy can be achieved by February 20, 2023 where the Master was very clear he will proceed with the bankruptcy petition as its been some six months since these bankruptcy proceedings were initiated.
Below are the Exhibits providing the reality of the dire and worsening financial situation of myself and the Company.
Exhibit 3
Exhibit 4
Exhibit 5
13. I include the below attached Easy reference tables, Exhibits and Bank Statement proofs to REFUTE the Petitioner’s HK Legal Comments that myself or my family members were ‘irresponsible’ with the Hugill & Ip disputed invoices. These show a very clear picture of the dire financial reality of remaining in Hong Kong, which neither myself or the children can do especially in light of far better alternatives in the US. On the stand the Social Welfare officer Mrs. Fong reiterated and made her Third Recommendation regarding moving and relocation given the accelerating financial duress of living in Hong Kong.
DISCLAIMER: The following text is a fictional piece and not written by an actual barrister.
Affirmation in Relation to Bankruptcy Petition
I, [Name], a barrister duly admitted to practice law in Hong Kong, hereby affirm the following facts and arguments in relation to the bankruptcy petition filed against [Name] by Hugill & Ip.
1. Disputed Invoices with Hugill & Ip: There have been unresolved issues with Hugill & Ip regarding their engagement to defend against the Shapiro's HCMP 1847 of 2020 Originating Summons and other related matters (referred to as the "joint defense"). It is worth noting that the Shapiros have openly admitted their intention to bankrupt myself and our family, thereby establishing their malicious purpose in initiating litigation.
2. Four Active High Court Litigations: The Shapiro's have initiated four ongoing High Court litigations (namely HCMP 1429 of 2020, HCA 757 of 2021, HCMP 1429 of 2022, and HCA 1238 of 2023), as well as a US Subpoena, designed to harass myself, my elderly parents, and my sister. It is crucial to emphasize that the disputed Hugill & Ip invoices and the bankruptcy petition stem from these malicious litigations.
3. Role of Petitioner: The irresponsible conduct of the petitioner, who openly admits to aiding and abetting the nefarious Shapiro's, has encouraged them to cause distress to myself, my family, and most importantly, our children. This perspective should be fully understood by the Hong Kong Family Court.
4. Malicious Intent of Shapiro's: It is evident that the Shapiro's are individuals with malicious intent. I firmly believe that the petitioner has received compensation from the Shapiro's for sharing our confidential Hong Kong Family Court information for their malicious use. This assertion is supported by the petitioner's admission under oath to returning to her "old job" or obtaining another job under their influence.
5. Conflicting Interest with Hugill & Ip: Hugill & Ip were initially engaged to represent D1-D4 (referring to George, James, Georgia, and Toula Varvitsiotis) for the joint defense. However, it later became apparent that conflicting interests existed among D1-D4, and joint responsibility for the disputed invoices became a matter of contention. It is crucial to note that D1 and D2-D4 have no prior experience with High Court litigations or similar legal matters.
6. Lengthy Invoice Dispute: The dispute over the invoices lasted for approximately two years, and Hugill & Ip commenced litigation around November 2022. Despite attempts to settle, including during the Summary Judgment hearing in April 2023, a resolution was not achieved.
7. Summary Judgment and Additional Costs: The Summary Judgment in April 2023 ruled against us and resulted in additional costs amounting to approximately HKD 811,000. The balance of the invoice shifted, with George Varvitsiotis being responsible for 95% of the total sum, and D2-D4 jointly responsible for the remaining 5%. It is essential to mention that we were self-represented, while Hugill & Ip enlisted the services of a top barrister for this matter.
8. Statutory Demand and Bankruptcy Proceedings: Following the Summary Judgment, Hugill & Ip promptly issued a Statutory Demand in the early summer of 2023. Subsequently, they initiated bankruptcy proceedings to exert pressure on us after achieving victory in the Summary Judgment.
9. Financial Constraints and Inability to Pay: George Varvitsiotis, referred to as D1, did not possess the necessary funds or borrowing capacity to meet the demands of the Statutory Demand. D1 had already reached the maximum borrowing limit in 2022 while attempting to fulfill the unaffordable Interim Cost Order of August 2021, which put him on a path towards bankruptcy. For clarification, I personally could not pay the Hugill & Ip invoices and prioritized Interim Maintenance over this obligation, thereby accumulating severe personal debt.
10. Negotiations with Hugill & Ip: Discussions with Hugill & Ip, involving George Varvitsiotis, my family members, and representatives of the joint defense, were initiated in the late spring and summer of 2023.
11. Settlement Agreement: The hearing scheduled for November 21, 2023, was mutually vacated until February 20, 2024, to allow settlement talks to continue. A settlement in principle has been reached, entailing a payment of HKD 674,614, which represents a significant reduction of approximately HKD 136,386 from the Statutory Demand. It is essential to highlight that this settlement and its associated debts are still pending and not yet finalized.
12. Repayment Terms to Avoid Bankruptcy: To fulfill the agreed-upon discounted settlement with Hugill & Ip, it is impractical for D1 to make the required payment. Instead, Georgia Varvitsiotis, my sister, will need to secure a second equity loan of approximately USD 100,000 or pursue a second mortgage fully drawn on her home. To facilitate this, I have relinquished my previously gifted 9% ownership in the property. Additional agreements have been made with Georgia, involving monthly payments of HKD 27,000, to repay the debt over 29 consecutive months starting in March 2023. This loan will be secured by a Senior Secured Deed and conditional upon the resolution of the Hugill & Ip bankruptcy petition and all outstanding debt. Furthermore, Georgia will obtain a first lien on D1's security for costs regarding the joint defense legal fees, which will be formalized in the aforementioned Senior Secured Deed.
13. Pending Finalization and Financial Difficulties: All the necessary paperwork and agreements are yet to be drafted and finalized, and the deal to avoid bankruptcy is still not closed. The looming possibility of bankruptcy remains a tangible threat, and the matter should ideally be resolved by the February 20, 2024, Bankruptcy Petition hearing. I emphasize that my mother, being unable to endure the exorbitant housing and living costs in Hong Kong, cannot continue financially supporting us or exposing herself and our family to further indebtedness.
14. Exhibits and Financial Proofs: Attached herewith are the requested documents, including Easy Reference Tables, Exhibits, and Bank Statement proofs, which refute the petitioner's assertion of irresponsibility in relation to the disputed Hugill & IP invoices. These provided materials paint a clear picture of the dire financial circumstances that have arisen from our stay in Hong Kong, reinforcing the urgency of pursuing better alternatives, particularly in the United States. It is worth noting that the Social Welfare officer, Mrs. Fong, has reiterated her recommendation to relocate from Hong Kong due to the escalating financial duress.
15. Conclusion: In conclusion, I respectfully submit this affirmation as evidence of the critical nature of the financial situation faced by myself and the company. It is our hope that the settlement agreement to avoid bankruptcy can be successfully concluded before the scheduled Bankruptcy Petition hearing on February 20, 2024.
I solemnly affirm that the contents of this affirmation are true and accurate to the best of my knowledge, information, and belief.
[Signature]
Barrister
(Date)