A party who deliberately files their own debtor's petition causing abandonment of pending appeal proceedings will be treated as having effectively surrendered or capitulated for costs purposes under the Lai Qin principles, even where the appeal was reasonably arguable. The existence of a judgment debt carries considerable weight in a bankruptcy trustee's consideration of proofs of debt, such that the argument that bankruptcy renders an appeal futile will not readily be accepted. Where the abandoned appeal was reasonably arguable, costs will be on a standard rather than indemnity basis.
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