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Contents  

Part I PRELIMINARY

Part II COURT PROCEDURE

Court and chambers

Proceedings

Applications and practice

Affidavits

Security in court

Witnesses and depositions

Warrants, arrests and commitments

Service and execution of process

Appeals

Part III OFFICIAL ASSIGNEE

Report of Official Assignee

Part IV TRUSTEE IN BANKRUPTCY

Part V VOLUNTARY ARRANGEMENTS

Proposal for voluntary arrangement

Interim order

Preparation of nominee’s report

Action on proposal

Procedure for review of meeting’s decision

Completion of arrangement

Part VI PROCEEDINGS IN BANKRUPTCY

Statutory demand

Creditor’s bankruptcy application

Service of creditor’s bankruptcy application

Hearing of creditor’s bankruptcy application

Actions to follow upon making of bankruptcy order on creditor’s bankruptcy application

Debtor’s bankruptcy application

Actions to follow upon making of bankruptcy order on debtor’s bankruptcy application

Interim receiver

Part VII BANKRUPTCY ADMINISTRATION

Creditors’ meeting

Statements of affairs

Examination of bankrupt and others

Settlement of list of debtors to estate

Procedure for proving debts

Quantification of claim

Secured creditors

Taking accounts of property mortgaged and sale thereof

Admission and rejection of proofs

Approval of composition or scheme

Appropriation of pay, salary, pensions, etc.

Disclaimer of lease

Disputed title to property

Special manager

Security by special manager

Distribution of dividends

Part VIII ANNULMENT AND DISCHARGE

Part IX COSTS AND TAXATION

Part IXA ELECTRONIC FILING SYSTEM

Part X MISCELLANEOUS PROVISIONS

Administration of estates of deceased insolvent

Persons of unsound mind

Registers

Accounts and audit

THE SCHEDULE

Legislative History

 
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On 25/11/2017, you requested the version as published on or before 25/11/2017.
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Service of creditor’s bankruptcy application
Personal service on individual debtor
109.  Subject to rule 111, a creditor’s bankruptcy application and its supporting affidavit shall be served personally on the debtor at the same time by an officer of the court, or by the applicant creditor or his solicitor, or by a person in their employment, and service shall be effected by delivering a sealed copy of the application together with its supporting affidavit to the debtor.
Personal service on firm
110.  Subject to rule 111, where the creditor’s bankruptcy application is against a firm, personal service of the application shall be deemed to have been effected on all the partners in the firm if the application and its supporting affidavit are served together at the principal place of business of the firm in Singapore on any one of the partners, or on any person having at the time of service control or management of the business of the firm thereat.
Substituted service
111.
—(1)  If the court is satisfied by affidavit or other evidence on oath that prompt personal service cannot be effected because the debtor is keeping out of the way to avoid service of a creditor’s bankruptcy application, or for any other cause, the court may order substituted service to be effected in such manner as it thinks fit.
(2)  If the debtor is not in Singapore, the court may order service to be made within such time and in such manner and form as it thinks fit.
(3)  Where an order for substituted service has been carried out, the bankruptcy application shall be deemed to have been duly served on the debtor.
Service on nominee
112.  If a creditor’s bankruptcy application is filed against a debtor because the debtor has failed to comply with any of his obligations under a voluntary arrangement under Part V of the Act, and the applicant creditor is not himself the nominee who was supervising the arrangement, the applicant creditor shall serve a copy of the application and its supporting affidavit on the nominee.
Death of debtor before service
113.  If the debtor dies before service on him of a creditor’s bankruptcy application, the court may order service to be effected on his personal representatives or on such other persons as it thinks fit.
Proof of service of bankruptcy application
114.
—(1)  Service of a creditor’s bankruptcy application shall be proved by affidavit.
(2)  The affidavit shall have exhibited to it —
(a)
a sealed copy of the bankruptcy application and its supporting affidavit with an endorsement thereon as to the date and time of the service; and
(b)
if substituted service has been ordered, a sealed copy of the order for substituted service and any evidence of the service.