Singapore Government
Link to Homepage
Home | About Us | Browse | Advanced Search | Results | My Preferences | FAQ | Help | PLUS
 
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

 
Slider
Left Corner
Print   Link to Viewed VersionLink to In-Force Version
 
On 13/12/2017, you requested the version in force on 05/06/2006 incorporating all amendments published on or before 17/08/2017.
Slider
Procedure for proving debts
Manner and contents of proof
174.
—(1)  Every creditor must prove his debt within 3 months after the making of a bankruptcy order by lodging with the Official Assignee or the trustee, as the case may be, a proof of debt.
(2)  A proof of debt required to be lodged with the Official Assignee under paragraph (1) may be filed electronically.
(3)  Every proof of debt —
(a)
shall be in Form 23 or where it is filed electronically, in such electronic form as may be required by the Official Assignee; and
(b)
shall state the following matters:
(i)
the creditor’s name and address;
(ii)
the total amount of his claim as at the date of the bankruptcy order;
(iii)
whether the amount claimed includes interest as defined under section 94(3) of the Act and if so, a separate identification of the actual amount that has accrued as at the date of the bankruptcy order and the rate at which and the period for which it was calculated;
(iv)
whether or not the claim includes goods and services tax and, if so, the amount of such tax;
(v)
particulars of how and when the debt was incurred by the bankrupt;
(vi)
particulars of any security held, the date when it was given and the value which the creditor puts upon it; and
(vii)
the name, address and authority of the person submitting the proof (if such person is not the creditor himself).
(4)  The documents substantiating the claim specified in the proof of debt shall accompany the proof of debt.
(5)  If the proof of debt is filed electronically, the documents substantiating the claim specified in the proof of debt must be sent to the Official Assignee within 14 days from the date of submission of the proof of debt.
(6)  Unless the Official Assignee or the trustee, as the case may be, allows otherwise or the court otherwise orders, a bill of exchange, promissory note, or other negotiable instrument or security or a copy thereof (certified by the creditor or his authorised representative to be a true copy) in respect of which a creditor seeks to prove shall be produced to the Official Assignee or the trustee before the proof is admitted, either for voting or for dividend.
(7)  The Official Assignee or the trustee may at any time call for further evidence of the claim to be furnished.
Workmen’s wages
175.
—(1)  Where it appears from the bankrupt’s statement of affairs that there are numerous claims for wages by persons employed by him, a combined proof for all such claims made by the bankrupt, or his foreman or some other person on behalf of all such creditors, shall have the same effect as if separate proofs have been made by each of such creditors.
(2)  A schedule setting out the names of the creditors, and the amounts severally due to them —
(a)
shall accompany the proof; or
(b)
where the proof is submitted to the Official Assignee electronically, must be sent to the Official Assignee not more than 14 days after the submission of the proof.
Statement of accounts
176.  A licensed moneylender filing a proof of debt under rule 174(1) in respect of a loan made by him shall, within 14 days from the date of filing thereof, file a statement of accounts in the form specified in the First Schedule to the Moneylenders Act (Cap. 188).
Cost of proving
177.  A creditor shall bear the cost of proving his debt unless the court otherwise orders.
Time for lodging proofs
178.  A proof intended to be used at a meeting of creditors shall be lodged with the Official Assignee or the trustee, as the case may be, not less than 24 hours before the time fixed for the meeting.
Inspection of proofs
179.  The Official Assignee or the trustee, as the case may be, shall upon payment of the prescribed fee, allow proofs lodged with him to be inspected by, or provide details of the proofs lodged with him to, any of the following persons:
(a)
any creditor who has submitted his proof of debt (unless his proof has been wholly rejected for purposes of dividend or otherwise);
(b)
the bankrupt; and
(c)
any person acting on behalf of any creditor or the bankrupt.