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Contents

Long Title

Part I PRELIMINARY

Part II CONSTITUTION, PROCEDURE AND POWERS OF COURT

Jurisdiction

Procedure

Part III OFFICIAL ASSIGNEE

Part IV TRUSTEE IN BANKRUPTCY

Part V VOLUNTARY ARRANGEMENTS

Moratorium for insolvent debtor

Consideration and implementation of debtor’s proposal

Part VA DEBT REPAYMENT SCHEME

Division 1 — Preliminary

Division 2 — Proposal for debt repayment scheme

Division 3 — Commencement and administration of debt repayment scheme

Division 4 — Cessation of debt repayment scheme

Division 5 — Miscellaneous

Part VI PROCEEDINGS IN BANKRUPTCY

Bankruptcy applications and bankruptcy orders

Protection of debtor’s property

Part VII ADMINISTRATION IN BANKRUPTCY

Bankruptcy

Inquiry into bankrupt’s affairs, dealings and property

Proof of debts

Composition or scheme of arrangement

Effect of bankruptcy on antecedent transactions

Possession, control and realisation of bankrupt’s property

Distribution of property

Part VIII ANNULMENT AND DISCHARGE

Part IX DUTIES, DISQUALIFICATION AND DISABILITIES OF BANKRUPT

Part X BANKRUPTCY OFFENCES

Part XI MISCELLANEOUS PROVISIONS

THE SCHEDULE Transitional Provisions and Savings

Legislative History

Comparative Table

 
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On 20/05/2013, you requested for the version in force on 20/05/2013 incorporating all amendments published on or before 20/05/2013. The closest version currently available is that of 01/03/2012.
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PART IX
DUTIES, DISQUALIFICATION AND DISABILITIES OF BANKRUPT
Duties of bankrupt
129.
—(1)  A bankrupt shall, in addition to any other duty specified in this Act —
(a)
make discovery of and deliver all his property that is under his possession or control to the Official Assignee;
(b)
deliver to the Official Assignee all books, records, documents, writings and papers including (without restricting the generality of the foregoing), any documents or deeds of title, insurance policies and tax records and returns and copies thereof in any way relating to his property or affairs;
(c)
at such time and place as may be fixed by the Official Assignee, attend before the Official Assignee and answer such questions as the Official Assignee may put to him with respect to his affairs, dealings and property and the causes of his failure;
(d)
make or give all the assistance within his power to the Official Assignee in making an inventory of his assets;
(e)
make disclosure to the Official Assignee of all property disposed of within such time preceding his bankruptcy as the Official Assignee may require, and how and to whom and for what consideration any part thereof was disposed of except such part as had been disposed of in the ordinary manner of trade or used for reasonable personal expenses;
(f)
make disclosure to the Official Assignee of all property disposed of by gift or settlement without adequate valuable consideration within the 5 years immediately preceding his bankruptcy;
(g)
attend any meeting of his creditors as may be convened by the Official Assignee under section 79, unless prevented by sickness or other sufficient cause and submit thereat to examination;
(h)
when required, attend such other meetings of his creditors;
(i)
aid to the utmost of his power in the realisation of his property and the distribution of the proceeds among his creditors;
(j)
execute such powers of attorney, conveyances, deeds and instruments as may be required by the Official Assignee;
(k)
examine the correctness of all proofs of claims filed, if required by the Official Assignee;
(l)
in case any person has to his knowledge filed a false claim, disclose the fact immediately to the Official Assignee;
(m)
generally do all such acts and things in relation to his property and the distribution of the proceeds among his creditors as may be reasonably required by the Official Assignee or prescribed by the rules or directed by the court by any order on any application by the Official Assignee or by any of his creditors; and
(n)
until he has been discharged from bankruptcy, keep the Official Assignee advised at all times of his place of residence or address.
[6/2004]
(2)  Where a bankrupt has changed his residential address and has made a report of the change under section 8 of the National Registration Act (Cap. 201) —
(a)
he shall be deemed to have informed the Official Assignee of the change of his residential address in compliance with subsection (1)(n); and
(b)
the new residential address as reported by him under section 8 of the National Registration Act shall, unless he informs the Official Assignee in writing to the contrary, be deemed to be his last known address for the purpose of subsection (3).
[6/2004]
(3)  Any notice or process given to or served upon the bankrupt at his last known address shall be deemed to have been duly given or served and shall be conclusive evidence of the fact of service.
[6/2004]
Disqualification of bankrupt
130.
—(1)  In addition to any disqualification under any other written law, a bankrupt shall be disqualified from being appointed or acting as a trustee or personal representative in respect of any trust, estate or settlement, except with leave of the court.
(2)  Any disqualification to which a bankrupt is subject under this section shall cease when —
(a)
the bankruptcy order against him is annulled or rescinded; or
(b)
he is discharged under Part VIII.
(3)  Any person who acts as a trustee or personal representative while he is disqualified by virtue of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Disabilities of bankrupt
131.
—(1)  Where a bankrupt has not obtained his discharge —
(a)
he shall be incompetent to maintain any action, other than an action for damages in respect of an injury to his person, without the previous sanction of the Official Assignee; and
(b)
he shall not leave, remain or reside outside Singapore without the previous permission of the Official Assignee.
(2)  A bankrupt who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.