Creditor’s bankruptcy application
—(1) Every creditor’s bankruptcy application shall be made in Form 2.
(2) For the purposes of such an application and all proceedings thereunder —
the plaintiff shall be the creditor making the bankruptcy application; and
the defendant shall be the debtor in respect of whom the bankruptcy application is made.
—(1) The affidavit supporting a creditor’s bankruptcy application shall state the following particulars of the debtor:
the number of his identity card or passport;
his place of residence;
his occupation, if any; and
any name other than the one specified under sub-paragraph (a) which, to the creditor’s personal knowledge, the debtor has used.
(2) Where the application is filed against a firm, the supporting affidavit shall state —
the name of the firm;
the number of the certificate of the registration of the firm under the Business Registration Act (Cap. 32);
the place of business of the firm; and
the particulars as specified in paragraph (1) of all the partners in the firm.
(3) The full title of the proceedings shall be determined by the particulars of the debtor specified in paragraph (1)(a), (b) and (e).
—(1) The affidavit supporting a creditor’s bankruptcy application shall state the following matters with respect to the debt:
the actual amount of the debt that has accrued as of the date of the application;
if the amount claimed in the application includes interest, penalties, charges or any pecuniary consideration in lieu of interest, it must separately identify the amount claimed and the rate at which and the period for which it was calculated;
when the debt was incurred or became due; and
the consideration for the debt or, if there is no consideration, the way in which the debt arises and —
if the debt is founded on a judgment or an order of a court, it must give details of the judgment or order, including the action under which the judgment or order was obtained and the date of the judgment or order; or
if the debt is founded on grounds other than a judgment or an order of a court, it must give such details as would enable the debtor to identify the debt.
(2) If the creditor holds any property of the debtor or any security for the debt, he must account for such assets or security in the affidavit and, in particular, provide the following information:
a description of the assets or security held; and
the value of the assets or security as at the date of the application,
and the amount claimed in the application shall take into account such assets or security.
—(1) Where the creditor’s bankruptcy application is based on a statutory demand, the affidavit supporting the application shall state the date and manner of service of the statutory demand and that to the best of the creditor’s knowledge and belief, the demand has neither been complied with nor set aside and that no application to set it aside is pending.
(2) The application shall not be made if the statutory demand was served more than 4 months before the date of filing of the application.
—(1) Where the creditor’s bankruptcy application is filed under section 62 ( b) of the Act, the affidavit supporting the application shall give details of the following matters:
the judgment or order from which the judgment debt arises;
the court which issued the execution against the debtor;
the mode of execution; and
the extent, if any, to which the judgment debt has been satisfied as a result of the execution.
(2) The application shall not be filed if more than 4 months have elapsed since the date on which the execution was completed.
104. In addition to the other matters which are required by these Rules to be stated in the affidavit supporting a creditor’s bankruptcy application, the applicant creditor shall explain in his affidavit how the conditions and grounds specified in sections 60 and 61, respectively, of the Act for the filing of a bankruptcy application have been satisfied.
—(1) A creditor making a bankruptcy application shall file 2 copies of the application and the supporting affidavit in court, inclusive of the copy to be served on the Official Assignee, together with the deposit payable to the Official Assignee of such sums as are prescribed by the Bankruptcy (Fees) Rules (R 3).
(2) Upon the filing of 2 copies of the creditor’s application and the supporting affidavit under paragraph (1), the application and affidavit shall be deemed to have been served on the Official Assignee.
(3) Where a creditor’s bankruptcy application has been filed under paragraph (1), the Official Assignee may, from time to time, require the applicant creditor to deposit with the Official Assignee such further sums as may be required by the Official Assignee, whether before or after the making of the bankruptcy order, to cover the fees and expenses incurred by the Official Assignee in connection with the application.
107. The Registrar shall appoint a date and time for the hearing of the creditor’s bankruptcy application and notice thereof shall be endorsed on the originating summons and sealed copies thereof.
—(1) Where a creditor’s bankruptcy application is based on non-compliance with a statutory demand, an affidavit proving service of the statutory demand shall be filed in support of the application.
(2) The affidavit shall state the mode, date and time of the service and shall exhibit a copy of the statutory demand and any acknowledgment of service.
(3) Where the statutory demand has been served other than by personal service, the affidavit shall —
give particulars of the steps taken to effect personal service and the reasons for which they have been ineffective;
state the means whereby (attempts at personal service having been unsuccessful) it was sought to bring the demand to the debtor’s attention and explain why such means would have best ensured that the demand would be brought to the debtor’s attention;
exhibit evidence of such alternative mode or modes of service; and
specify a date by which to the best of the knowledge, information and belief of the person making the affidavit, the demand would have come to the debtor’s attention.
(4) The steps of which particulars are given for the purposes of paragraph (3)(a) must be such as would have sufficed to justify an order for substituted service of a bankruptcy application being made by the court.
(5) If the affidavit specifies a date for the purposes of compliance with paragraph (3)(d), then unless the court otherwise orders, that date shall be deemed for the purposes of these Rules to have been the date on which the statutory demand was served on the debtor.
(6) The court shall dismiss the creditor’s bankruptcy application if it is not satisfied that the creditor has discharged the obligations imposed on him by rule 96(1).