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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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Debtor’s bankruptcy application
Form of bankruptcy application
134.
—(1)  A debtor’s bankruptcy application shall be made in Form 9 and the affidavit supporting the application shall state —
(a)
his name as it appears in his identity card or passport;
(b)
the number of his identity card or passport;
(c)
any other name or names by which he is or was known or by which he carries or has carried on any business;
(d)
his residential address;
(e)
his occupation and monthly income; and
(f)
the nature of his business and the address at which he carries on such business, and whether he carries on the business alone or with others.
(2)  Where a debtor’s bankruptcy application is filed by a firm in the firm’s name, the affidavit supporting the application shall state —
(a)
the name, the number of the identity card or passport, the residential address, the occupation and the monthly income, of each of the partners in the firm;
(b)
whether all the partners concur in the filing of the application;
(c)
the names of the partners who do not concur in the filing of the application;
(d)
the nature of the business of the firm;
(e)
the number of the certificate of the registration of the firm under the Business Registration Act (Cap. 32); and
(f)
where any of the partners in the firm carries on any business separately, the nature of such business and the address at which it is carried on, and whether he carries on the business alone or with others.
(3)  Where the bankruptcy application is filed by an individual debtor, the full title of the proceedings shall be determined by the particulars of the debtor specified in paragraph (1)(a), (b) and (c).
(4)  Where the bankruptcy application is filed by a firm in the firm’s name, the full title of the proceedings shall include the name of the firm as well as the names and numbers of the identity cards or passports, of all the partners in the firm.
(5)  The debtor 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.
Admission of insolvency
135.
—(1)  The affidavit supporting a debtor’s bankruptcy application shall contain the statement that the debtor is unable to pay his debts and an explanation as to the cause of his insolvency.
(2)  If, at any time prior to the bankruptcy application, the debtor had been adjudged bankrupt, or has made a composition with his creditors in satisfaction of his debts or a scheme of arrangement of his affairs, or has entered into any voluntary arrangement, particulars of these matters shall be given in the affidavit.
(3)  If, at the date of filing the application, there is in force a voluntary arrangement under Part V of the Act, the particulars required under paragraph (2) shall contain a statement to this effect and the name and address of the nominee supervising the arrangement.
Verification of application
136.  The affidavit supporting a debtor’s bankruptcy application shall be in Form 10.
Statement of affairs
137.
—(1)  A debtor’s bankruptcy application shall be filed in court together with a statement of affairs in Form 11.
(2)  The statement of affairs shall be verified by an affidavit in Form 12.
Procedure for filing of debtor’s bankruptcy application
138.
—(1)  The debtor who files his own bankruptcy application shall file 2 copies each of the bankruptcy application, the supporting affidavit and the statement of affairs in court, inclusive of the copies 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 each of the debtor’s bankruptcy application, affidavit and statement of affairs under paragraph (1), the application, affidavit and statement of affairs shall be deemed to have been served on the Official Assignee.
(3)  Where a debtor’s bankruptcy application, affidavit and statement of affairs have been filed under paragraph (1), the Official Assignee may, from time to time, require the debtor 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 debtor’s bankruptcy application.
(4)  Where the debtor is a wage-earner, the deposit payable under paragraph (1) may be reduced or waived at the discretion of the Official Assignee.
Service of debtor’s bankruptcy application on nominee supervising voluntary arrangement and partners of debtor
139.
—(1)  Where the debtor’s bankruptcy application is filed by the debtor at a time when a voluntary arrangement under Part V of the Act is in force between himself and his creditors, he shall serve a copy of the bankruptcy application, affidavit and statement of affairs on the nominee supervising the arrangement.
(2)  Where the debtor’s bankruptcy application is filed against a firm by some of the partners in the firm, a copy of the application, affidavit and statement of affairs shall be served on those partners who did not consent to or participate in the filing of the application.
Hearing of debtor’s bankruptcy application
140.  The court shall not hear the debtor’s bankruptcy application unless it is satisfied that the bankruptcy application, affidavit and statement of affairs have been duly served on the parties referred to in rule 139(1), and any of such parties may appear at the hearing and be heard.
Settlement and contents of bankruptcy order
141.
—(1)  A bankruptcy order made on a debtor’s bankruptcy application shall be settled by the Registrar.
(2)  The bankruptcy order shall be in Form 13 and shall —
(a)
state the date of the filing of the debtor’s bankruptcy application;
(b)
state the date of the making of the order; and
(c)
contain a notice requiring the bankrupt immediately to attend on the Official Assignee or the trustee, as the case may be, at the time and place stated in the order.
(3)  Where the bankrupt is represented by a solicitor, the order shall be endorsed with the name, address and telephone number of the solicitor and the file reference of the solicitor’s firm.