On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/03/2012.
56P. A debtor shall, in addition to any other duty specified in this Part in relation to a debt repayment scheme —
(a)
disclose to the Official Assignee —
(i)
all his property; and
(ii)
the disposal of any of his property during the period commencing 5 years before the day on which the relevant bankruptcy application is made against him and ending on the day immediately preceding the completion of the scheme;
(b)
furnish such information or document within such time and in such manner as the Official Assignee or the Appeal Panel may require in relation to the scheme;
(c)
attend any meeting of his creditors convened by the Official Assignee under section 56D or 56H, and such other meetings as may be required by the Official Assignee, unless prevented by any illness or other sufficient cause;
(d)
examine the correctness of all proofs of debts filed under the scheme and inform the Official Assignee if any person has, to his knowledge or belief, made a false or an inaccurate claim;
(e)
discharge his obligations under the debt repayment plan under the scheme;
(f)
before incurring any debt in excess of $1,000 after the effective date of the scheme, disclose the fact that he is subject to the scheme to the person to whom the debt is to be owed;
(g)
keep the Official Assignee advised at all times of his place of residence and such other contact details as may be required by the Official Assignee; and
(h)
generally do all such acts and things in relation to the scheme as may be reasonably required by the Official Assignee or as may be prescribed.
[6/2009]
56Q.
—(1) For the purpose of hearing appeals from the decisions of the Official Assignee under sections 56D and 56H, there shall be established an Appeal Panel consisting of such members as may be appointed by the Minister from time to time.
[6/2009]
(2) The appointment of the members of the Appeal Panel shall be for such period and on such terms as the Minister may determine.
[6/2009]
(3) The Minister may appoint from amongst the members of the Appeal Panel, for such period and on such terms as the Minister may determine —
(a)
a Chairman of the Appeal Panel; and
(b)
such number of Deputy Chairmen of the Appeal Panel as the Minister thinks fit.
[6/2009]
(4) There shall be paid to the Chairman, Deputy Chairmen and other members of the Appeal Panel such remuneration and allowances as the Minister may determine.
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(6) Every member of the Appeal Panel shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224).
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(7) All the powers, functions and duties of the Appeal Panel may be exercised, discharged and performed by an Appeal Panel Committee consisting of such number of members of the Appeal Panel as may be prescribed, at least one of whom shall be the Chairman or a Deputy Chairman of the Appeal Panel.
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(8) Subject to subsection (7), the members of an Appeal Panel Committee shall be determined by the Minister.
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(9) Any act or decision of an Appeal Panel Committee shall be deemed to be an act or a decision of the Appeal Panel.
(10) An appeal under section 56D(4) or 56H(4) —
(a)
shall be addressed to the Chairman of the Appeal Panel;
(b)
shall provide adequate details of the grounds for the appeal; and
(c)
shall be accompanied by the prescribed fee.
[6/2009]
56R. The cessation of a debt repayment scheme or the revocation of a certificate of completion of the scheme shall be without prejudice to the validity of anything done under or in relation to the scheme.
[6/2009]
56S.
—(1) Any creditor who makes or submits any claim, proof, declaration or statement of account under a debt repayment scheme which is untrue in any material particular shall be guilty of an offence unless he satisfies the court that he had no intent to defraud.
[6/2009]
(2) Any person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
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(3) Fines imposed under this section shall be paid into the Debt Repayment Scheme Assistance Fund maintained under section 164A.
[6/2009]
56T.
—(1) The Minister may make such rules as may be necessary or expedient for carrying out the purposes and provisions of this Part.
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(2) Without prejudice to the generality of subsection (1), the Minister may make rules for or with respect to —
(a)
the releasing of a debtor from any obligation under this Part;
(b)
the circumstances to be taken into account in the approval or modification of a debt repayment plan;
(c)
the circumstances in which a creditor may claim interest in his proof of debt notwithstanding the absence of any previous agreement or reservation as to interest, and the rate of interest that may be claimed in such circumstances;
(d)
the powers and procedures of the Appeal Panel;
(e)
the procedures of an Appeal Panel Committee;
(f)
the information and documents to be furnished by a debtor to the Official Assignee relating to his property, debts and other financial affairs;
(g)
the convening and conduct of, and the participation of a debtor and his creditors in and their respective obligations at, meetings held under this Part;
(h)
the inspection of documents submitted to the Official Assignee under this Part;
(i)
the sending of notices and other documents under this Part; and
(j)
all matters and things which are required or permitted to be prescribed under this Part.
[6/2009]