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 25/10/2014, you requested the version in force on 25/10/2014 incorporating all amendments published on or before 25/10/2014. The closest version currently available is that of 01/03/2012.
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Examination of bankrupt and others
83.
—(1)  Where a bankruptcy order has been made, the court may, upon an application made by the Official Assignee or by a creditor who has tendered a proof, at any time before the discharge of the bankrupt —
(a)
summon the bankrupt to appear before it on an appointed day and examine him as to his affairs, dealings and property; and
(b)
summon to appear before it on the same or another appointed day and examine —
(i)
the bankrupt’s spouse or former spouse;
(ii)
any person known or believed to be indebted to the bankrupt or to have in his possession any property comprised in the bankrupt’s estate; and
(iii)
any other person,
if it appears to the court that such person would be able to give information concerning the bankrupt or the bankrupt’s affairs, dealings or property.
(2)  Every person summoned before the court under this section shall be examined on oath, whether orally or by interrogatories.
(3)  Without prejudice to subsection (2), the court may at any time require any person mentioned in subsection (1)(b) to submit an affidavit to the court containing an account of his dealings with the bankrupt or to produce any documents in his possession or under his control relating to the bankrupt or the bankrupt’s affairs, dealings or property.
(4)  The court may adjourn any examination under this section from time to time.
(5)  Any creditor who has tendered a proof or the representative of such creditor who has been authorised in writing, may question the bankrupt or such other person as may have been summoned by the court under subsection (1) concerning the bankrupt’s affairs, dealings or property and the causes of the bankrupt’s failure.
(6)  The Official Assignee shall take part in the examination of the bankrupt, and may for the purpose thereof employ a solicitor, but no solicitor shall be allowed to take part in the examination on behalf of the bankrupt.
(7)  The court may put such questions as it thinks expedient to the bankrupt or to such other person summoned by it.
(8)  It shall be the duty of the bankrupt and any other person summoned by the court under this section to answer all such questions as the court puts or allows to be put to him.
(9)  The court shall cause to be made such record of the examination as the court thinks proper and any record so made may thereafter be used in evidence against the person in the course of whose examination the record was made.
[17/2005]
(10)  Any record made under subsection (9) shall, at all reasonable times and upon payment of the prescribed fee, be made available to any creditor for review at the court premises.
[17/2005]
(11)  Where the court is of the opinion that the affairs of the bankrupt have been sufficiently investigated, it shall, by order, conclude the examination.
(12)  The order under subsection (11) shall not preclude the court from directing a further examination of the bankrupt or any other person as to the bankrupt’s affairs, dealings and property whenever it sees fit to do so.
(13)  Where a bankrupt or any other person summoned by the court under this section without reasonable excuse fails at any time to attend before the court or where there are reasonable grounds for believing that the bankrupt or such other person has absconded, or is about to abscond, with a view to avoiding his appearance before the court under this section, the court may cause a warrant to be issued for his arrest and for the seizure of any books, papers, records, money or goods in his possession.
(14)  The court may authorise —
(a)
any person arrested under subsection (13) to be kept in custody; and
(b)
anything seized from such person to be held,
until that person is brought before the court or until such other time as the court may order.
(15)  Where a bankrupt or any other person summoned by the court under this section without reasonable excuse fails at any time to attend before the court, he shall be guilty of a contempt of court and shall be liable to be punished accordingly in addition to any other punishment to which he may be subject.
(16)  The court may, if it thinks fit, order that any person who if within Singapore would be liable to be summoned to appear before it and examined under this section shall be examined in Singapore or elsewhere.