Singapore Government
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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 31/07/2014, you requested the version in force on 31/07/2014 incorporating all amendments published on or before 31/07/2014. The closest version currently available is that of 01/03/2012.
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Right of landlord to distrain for rent
92.
—(1)  The right of any landlord or other person to whom rent is payable to distrain upon the goods and effects of a bankrupt for rent due to him from the bankrupt shall, subject to subsection (5), be available against goods and effects comprised in the bankrupt’s estate in respect only of 3 months’ rent accrued due before the commencement of the bankruptcy.
(2)  Where a landlord or other person to whom rent is payable has distrained for rent upon the goods and effects of an individual to whom a bankruptcy application relates and a bankruptcy order is subsequently made on that application, any amount recovered by way of that distress which —
(a)
is in excess of the amount which by virtue of subsection (1) would have been recoverable after the commencement of the bankruptcy; or
(b)
is in respect of rent for a period or part thereof after the distress was levied,
shall be held by the landlord or other person in trust for the bankrupt as part of his estate and the landlord or other person shall, upon being given notice by the Official Assignee to do so, make over to the Official Assignee the amount so held in trust by him for the bankrupt.
[42/2005]
(3)  Where any person (whether or not a landlord or person entitled to rent) has distrained upon the goods or effects of an individual who is adjudged bankrupt before the end of the period of 3 months beginning with the distraint, so much of those goods or effects, or of the proceeds of their sale, as is not held by him in trust for the bankrupt under subsection (2) shall be charged for the benefit of the bankrupt’s estate with the preferential debts of the bankrupt to the extent that the bankrupt’s estate is for the time being insufficient for meeting those debts.
(4)  Where by virtue of any charge under subsection (3) any person surrenders any goods or effects to the Official Assignee, that person shall rank, in respect of the amount of the proceeds of the sale of those goods or effects by the Official Assignee or, as the case may be, the amount of the payment, as a preferential creditor of the bankrupt, except as against so much of the bankrupt’s estate as is available for the payment of preferential creditors by virtue of the surrender or payment.
(5)  A landlord or other person to whom rent is payable shall not be entitled at any time after the discharge of a bankrupt to distrain upon any goods or effects comprised in the bankrupt’s estate.
(6)  Any right to distrain against property comprised in a bankrupt’s estate shall be exercisable notwithstanding that the property has vested in the Official Assignee.
(7)  The provisions of this section are without prejudice to a landlord’s right in a bankruptcy to prove for any debt due to him from the bankrupt in respect of rent.