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On 13/12/2017, you requested the version as published on or before 28/12/2005.
No. S 856
Bankruptcy Act
Bankruptcy (Amendment) Rules 2005
In exercise of the powers conferred by section 166 of the Bankruptcy Act, the Minister for Law hereby makes the following Rules:
Citation and commencement
1.  These Rules may be cited as the Bankruptcy (Amendment) Rules 2005 and shall come into operation on the date of commencement of item (3) in the First Schedule to the Statutes (Miscellaneous Amendments) (No. 2) Act 2005 (Act 42 of 2005).
Amendment of rule 2
2.  Rule 2(1) of the Bankruptcy Rules (R 1) is amended by deleting the definition of “creditor’s petition” and substituting the following definition:
“ “creditor’s bankruptcy application” includes a bankruptcy application made under section 56 of the Act by a creditor or the nominee of a voluntary arrangement;”.
Amendment of rule 6
3.  Rule 6 of the Bankruptcy Rules is amended by deleting paragraph (1) and substituting the following paragraph:
(1)  Every proceeding in court under the Act shall be dated and shall be intituled in the matter of the person against whom the application is made and in the matter of the Act.”.
Deletion and substitution of rule 11 and new rule 11A
4.  Rule 11 of the Bankruptcy Rules is deleted and the following rules substituted therefor:
Manner of making applications
11.
—(1)  A bankruptcy application shall, in accordance with rule 99 or 134, be made by originating summons supported by an affidavit.
(2)  Every interlocutory application in the course of a bankruptcy application shall be made by summons.
Duration and renewal of originating summons for purpose of service
11A.
—(1)  Subject to the other provisions of these Rules, for the purposes of service, an originating summons is valid in the first instance —
(a)
for 12 months beginning with the date of its issue, where leave to serve the originating summons out of the jurisdiction is required; and
(b)
in any other case, for 6 months beginning with the date of its issue.
(2)  Subject to paragraph (3), where an originating summons has not been served on the party against whom the application is made, the court may by order extend the validity of the originating summons from time to time for such period, not exceeding 6 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if any application for extension is made to the court before that day.
(3)  Where the court is satisfied on an application under paragraph (2) that, despite the making of reasonable efforts, it may not be possible to serve an originating summons within 6 months, the court may, if it thinks fit, extend the validity of the originating summons for such period, not exceeding 12 months at any one time, as the court may specify.
(4)  Before an originating summons, the validity of which has been extended under this rule, is served, it must be marked with an official stamp in Form 1A showing the period from which the validity of the originating summons has been so extended.
(5)  A note of the renewal must be entered in the cause book.”.
Amendment of rule 17
5.  Rule 17 of the Bankruptcy Rules is amended by deleting paragraph (2) and substituting the following paragraph:
(2)  An affidavit may be sworn by any party to the proceedings, or by some other person possessing direct knowledge of the subject-matter of the application.”.
Amendment of rule 18
6.  Rule 18 of the Bankruptcy Rules is amended by deleting paragraph (1) and substituting the following paragraph:
(1)  Unless the provisions of the Act or these Rules under which an application is made provide otherwise, or the court otherwise allows, if any party to an application intends to rely on affidavit evidence at the hearing, he shall —
(a)
file his affidavit or affidavits (if more than one) in court; and
(b)
serve a copy of his affidavit or of each of his affidavits on the other party to the application and any other person who may appear and be heard, not less than 5 days before the date fixed for the hearing.”.
Amendment of rule 22
7.  Rule 22 of the Bankruptcy Rules is amended by deleting paragraph (1) and substituting the following paragraph:
(1)  The court shall, at the instance of the Official Assignee, trustee, creditor or debtor or any party to the proceedings, issue a subpoena for the attendance of a witness.”.
Deletion and substitution of rule 38
8.  Rule 38 of the Bankruptcy Rules is deleted and the following rule substituted therefor:
Service out of jurisdiction
38.  Where the debtor is not in Singapore, the court may order service on him of the bankruptcy application, the bankruptcy order or any other order made against him, or of any summons issued for his attendance, to be effected within such time and in such manner as the court thinks fit.”.
Amendment of rule 53
9.  Rule 53 of the Bankruptcy Rules is amended by deleting paragraph (1) and substituting the following paragraph:
(1)  An application under section 33 of the Act for the appointment of a trustee may be included in the bankruptcy application or made by summons supported by an affidavit.”.
Amendment of rule 71
10.  Rule 71(1) of the Bankruptcy Rules is amended by deleting sub-paragraph (c) and substituting the following sub-paragraph:
(c)
that the debtor is able to apply for his own bankruptcy;”.
Amendment of rule 72
11.  Rule 72(1) of the Bankruptcy Rules is amended by deleting sub-paragraph (a) and substituting the following sub-paragraph:
(a)
to any creditor who has filed a bankruptcy application against him; and”.
Amendment of rule 78
12.  Rule 78 of the Bankruptcy Rules is amended by deleting paragraph (3) and substituting the following paragraph:
(3)  The nominee shall send a copy of —
(a)
the debtor’s proposal;
(b)
the nominee’s report and his comments accompanying it (if any); and
(c)
a summary of the debtor’s statement of affairs,
to any person who has filed a bankruptcy application against the debtor.”.
Amendment of rule 96
13.  Rule 96 of the Bankruptcy Rules is amended —
(a)
by deleting sub-paragraph (d) of paragraph (4) and substituting the following sub-paragraph:
(d)
such other mode which the court would have ordered in an application for substituted service of an originating summons in the circumstances.”; and
(b)
by deleting sub-paragraph (a) of paragraph (6) and substituting the following sub-paragraph:
(a)
the creditor has taken all such steps which would suffice to justify the court making an order for substituted service of a bankruptcy application; and”.
Amendment of rule 98
14.  Rule 98 of the Bankruptcy Rules is amended by deleting paragraph (3) and substituting the following paragraph:
(3)  If the court dismisses the application, it shall make an order authorising the creditor to file a bankruptcy application either on or after the date specified in the order.”.
Deletion and substitution of rules 99 to 129
15.  The Bankruptcy Rules are amended by deleting rules 99 to 129 (including the heading immediately above rule 99) and substituting the following heading and rules:
Creditor’s bankruptcy application
Form of creditor’s bankruptcy application
99.
—(1)  Every creditor’s bankruptcy application shall be made in Form 2.
(2)  For the purposes of such an application and all proceedings thereunder —
(a)
the plaintiff shall be the creditor making the bankruptcy application; and
(b)
the defendant shall be the debtor in respect of whom the bankruptcy application is made.
Identification of debtor
100.
—(1)  The affidavit supporting a creditor’s bankruptcy application shall state the following particulars of the debtor:
(a)
his name;
(b)
the number of his identity card or passport;
(c)
his place of residence;
(d)
his occupation, if any; and
(e)
any name other than the one specified under sub-paragraph (a) which, to the creditor’s personal knowledge, the debtor has used.
(2)  Where the application is filed against a firm, the supporting affidavit shall state —
(a)
the name of the firm;
(b)
the number of the certificate of the registration of the firm under the Business Registration Act (Cap. 32);
(c)
the place of business of the firm; and
(d)
the particulars as specified in paragraph (1) of all the partners in the firm.
(3)  The full title of the proceedings shall be determined by the particulars of the debtor specified in paragraph (1)(a), (b) and (e).
(4)  Where the application is filed against a firm, the full title of the proceedings shall be determined by the name of the firm as well as the particulars specified in paragraph (1)(a), (b) and (e) of all the partners in the firm.
Identification of debt
101.
—(1)  The affidavit supporting a creditor’s bankruptcy application shall state the following matters with respect to the debt:
(a)
the actual amount of the debt that has accrued as of the date of the application;
(b)
if the amount claimed in the application includes interest, penalties, charges or any pecuniary consideration in lieu of interest, it must separately identify the amount claimed and the rate at which and the period for which it was calculated;
(c)
when the debt was incurred or became due; and
(d)
the consideration for the debt or, if there is no consideration, the way in which the debt arises and —
(i)
if the debt is founded on a judgment or an order of a court, it must give details of the judgment or order, including the action under which the judgment or order was obtained and the date of the judgment or order; or
(ii)
if the debt is founded on grounds other than a judgment or an order of a court, it must give such details as would enable the debtor to identify the debt.
(2)  If the creditor holds any property of the debtor or any security for the debt, he must account for such assets or security in the affidavit and, in particular, provide the following information:
(a)
a description of the assets or security held; and
(b)
the value of the assets or security as at the date of the application, and the amount claimed in the application shall take into account such assets or security.
Bankruptcy application based on statutory demand
102.
—(1)  Where the creditor’s bankruptcy application is based on a statutory demand, the affidavit supporting the application shall state the date and manner of service of the statutory demand and that to the best of the creditor’s knowledge and belief, the demand has neither been complied with nor set aside and that no application to set it aside is pending.
(2)  The application shall not be made if the statutory demand was served more than 4 months before the date of filing of the application.
Bankruptcy application filed under section 62 (b) of Act
103.
—(1)  Where the creditor’s bankruptcy application is filed under section 62(b) of the Act, the affidavit supporting the application shall give details of the following matters:
(a)
the judgment or order from which the judgment debt arises;
(b)
the court which issued the execution against the debtor;
(c)
the mode of execution; and
(d)
the extent, if any, to which the judgment debt has been satisfied as a result of the execution.
(2)  The application shall not be filed if more than 4 months have elapsed since the date on which the execution was completed.
Grounds of application
104.  In addition to the other matters which are required by these Rules to be stated in the affidavit supporting a creditor’s bankruptcy application, the applicant creditor 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.
Deposit payable to Official Assignee
105.
—(1)  A creditor making a bankruptcy application shall file 2 copies of the application and the supporting affidavit in court, inclusive of the copy 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 of the creditor’s application and the supporting affidavit under paragraph (1), the application and affidavit shall be deemed to have been served on the Official Assignee.
(3)  Where a creditor’s bankruptcy application has been filed under paragraph (1), the Official Assignee may, from time to time, require the applicant creditor 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 application.
Form of affidavit
106.
—(1)  The affidavit supporting a creditor’s bankruptcy application shall be in Form 3 or 4, as appropriate, and shall be filed at the same time as the creditor’s bankruptcy application.
(2)  The affidavit shall be made by the applicant creditor or by another person on his behalf.
Date and time of hearing
107.  The Registrar shall appoint a date and time for the hearing of the creditor’s bankruptcy application and notice thereof shall be endorsed on the originating summons and sealed copies thereof.
Proof of service of statutory demand
108.
—(1)  Where a creditor’s bankruptcy application is based on non-compliance with a statutory demand, an affidavit proving service of the statutory demand shall be filed in support of the application.
(2)  The affidavit shall state the mode, date and time of the service and shall exhibit a copy of the statutory demand and any acknowledgment of service.
(3)  Where the statutory demand has been served other than by personal service, the affidavit shall —
(a)
give particulars of the steps taken to effect personal service and the reasons for which they have been ineffective;
(b)
state the means whereby (attempts at personal service having been unsuccessful) it was sought to bring the demand to the debtor’s attention and explain why such means would have best ensured that the demand would be brought to the debtor’s attention;
(c)
exhibit evidence of such alternative mode or modes of service; and
(d)
specify a date by which to the best of the knowledge, information and belief of the person making the affidavit, the demand would have come to the debtor’s attention.
(4)  The steps of which particulars are given for the purposes of paragraph (3)(a) must be such as would have sufficed to justify an order for substituted service of a bankruptcy application being made by the court.
(5)  If the affidavit specifies a date for the purposes of compliance with paragraph (3)(d), then unless the court otherwise orders, that date shall be deemed for the purposes of these Rules to have been the date on which the statutory demand was served on the debtor.
(6)  The court shall dismiss the creditor’s bankruptcy application if it is not satisfied that the creditor has discharged the obligations imposed on him by rule 96.
Service of creditor’s bankruptcy application
Personal service on individual debtor
109.  Subject to rule 111, a creditor’s bankruptcy application and its supporting affidavit shall be served personally on the debtor at the same time by an officer of the court, or by the applicant creditor or his solicitor, or by a person in their employment, and service shall be effected by delivering a sealed copy of the application together with its supporting affidavit to the debtor.
Personal service on firm
110.  Subject to rule 111, where the creditor’s bankruptcy application is against a firm, personal service of the application shall be deemed to have been effected on all the partners in the firm if the application and its supporting affidavit are served together at the principal place of business of the firm in Singapore on any one of the partners, or on any person having at the time of service control or management of the business of the firm thereat.
Substituted service
111.
—(1)  If the court is satisfied by affidavit or other evidence on oath that prompt personal service cannot be effected because the debtor is keeping out of the way to avoid service of a creditor’s bankruptcy application, or for any other cause, the court may order substituted service to be effected in such manner as it thinks fit.
(2)  If the debtor is not in Singapore, the court may order service to be made within such time and in such manner and form as it thinks fit.
(3)  Where an order for substituted service has been carried out, the bankruptcy application shall be deemed to have been duly served on the debtor.
Service on nominee
112.  If a creditor’s bankruptcy application is filed against a debtor because the debtor has failed to comply with any of his obligations under a voluntary arrangement under Part V of the Act, and the applicant creditor is not himself the nominee who was supervising the arrangement, the applicant creditor shall serve a copy of the application and its supporting affidavit on the nominee.
Death of debtor before service
113.  If the debtor dies before service on him of a creditor’s bankruptcy application, the court may order service to be effected on his personal representatives or on such other persons as it thinks fit.
Proof of service of bankruptcy application
114.
—(1)  Service of a creditor’s bankruptcy application shall be proved by affidavit.
(2)  The affidavit shall have exhibited to it —
(a)
a sealed copy of the bankruptcy application and its supporting affidavit with an endorsement thereon as to the date and time of the service; and
(b)
if substituted service has been ordered, a sealed copy of the order for substituted service and any evidence of the service.
Hearing of creditor’s bankruptcy application
Hearing of creditor’s bankruptcy application
115.
—(1)  Subject to paragraph (2), a creditor’s bankruptcy application shall not be heard until the expiration of 7 clear days, or such longer time as the court may direct, from the service thereof.
(2)  The court may, on such terms as it thinks fit, hear the creditor’s bankruptcy application at an earlier date where —
(a)
it is satisfied that the debtor has absconded;
(b)
it is satisfied that it is a proper case for an expedited hearing; or
(c)
the debtor consents to a hearing within the 7 days.
Parties who may be heard
116.
—(1)  Any of the following persons may appear and be heard:
(a)
the creditor making the bankruptcy application;
(b)
the debtor;
(c)
where there has been a voluntary arrangement under Part V of the Act, the nominee who was supervising the arrangement;
(d)
any creditor who has given notice to the court of his intention to appear at the hearing of the bankruptcy application; and
(e)
the Official Assignee.
(2)  The notice given by a creditor under paragraph (1)(d) shall be in Form 5 and shall specify —
(a)
the name, address and telephone number of the person giving it;
(b)
whether his intention is to support or oppose the bankruptcy application; and
(c)
the amount and nature of his debt.
(3)  The notice shall be filed at least one day before the hearing.
(4)  Any creditor failing to comply with this rule shall not appear at the hearing except by leave of the court.
Where there are several debtors
117.  Where service has not been effected upon all the debtors against whom a creditor’s bankruptcy application has been made, the bankruptcy application may be heard separately or collectively as regards any debtors who have been served, and may subsequently be heard separately or collectively as regards any other debtors after service has been effected upon them.
Bankruptcy application by moneylender
118.  Where a creditor making a bankruptcy application is a licensed moneylender, he shall, at the hearing of the bankruptcy application, prove his debt by an affidavit incorporating a statement setting out in detail the particulars required by any written law for the time being in force relating to moneylenders.
Bankruptcy application opposed by debtor
119.  Where the debtor intends to oppose a creditor’s bankruptcy application filed against him, he shall not later than 3 days before the hearing —
(a)
file in court a notice specifying the grounds upon which he will object to the making of a bankruptcy order; and
(b)
serve a copy of the notice on the applicant creditor and the Official Assignee.
Non-appearance of applicant creditor or lack of prosecution of bankruptcy application
120.
—(1)  If the creditor making a bankruptcy application fails to appear on the hearing of the bankruptcy application or fails to prosecute the application diligently, the application may be dismissed and no subsequent application against the same debtor, either alone or jointly with any other person, shall be made by the same creditor in respect of the same debt without the leave of the court.
(2)  Without prejudice to paragraph (1), where the bankruptcy application has been dismissed without a hearing by reason of the failure of the applicant creditor to attend the hearing, the application shall not be restored to the list.
Postponement of hearing of bankruptcy application where it has not been served
121.
—(1)  The creditor making a bankruptcy application may apply to the court for extension of time for the hearing of the bankruptcy application if the application has not been served.
(2)  The application for extension of time shall state the reasons why the bankruptcy application has not been served.
(3)  The costs of the application for extension of time, if any, shall not be borne by the debtor.
(4)  The bankruptcy application shall be amended before service to reflect the new hearing date.
(5)  The court shall not extend time for more than 14 days from the day fixed for the hearing unless it is shown to the satisfaction of the court that no prejudice will result from a longer extension.
Adjournment of hearing of bankruptcy application for other reasons
122.
—(1)  After the expiration of one month from the day appointed for the first hearing of a creditor’s bankruptcy application (after the application has been duly served), no further adjournment of the hearing shall be allowed except on the following grounds:
(a)
where the debtor appears to show cause against the bankruptcy application or dispute any matter relevant to the bankruptcy proceedings;
(b)
where the debtor appears and satisfies the court that he is able to pay his debt in full or in part within a reasonable period; or
(c)
where the court is satisfied that there are sufficient reasons for granting the adjournment.
(2)  In every such case, unless an order for adjournment is made, the court shall either make a bankruptcy order or dismiss the bankruptcy application.
(3)  If the court adjourns the hearing of the creditor’s bankruptcy application, the applicant creditor shall immediately send a notice of the adjournment in Form 6 to the debtor, unless the debtor was present during the hearing.
(4)  The costs of any adjournment of the hearing of the bankruptcy application shall not be borne by the debtor if the adjournment was necessitated by any act or omission of the applicant creditor.
Substitution of applicant creditor
123.
—(1)  This rule shall apply where a creditor who has made a bankruptcy application —
(a)
fails to appear in support of his bankruptcy application on the day fixed for the hearing thereof;
(b)
appears but does not apply for an order in terms of the relief sought in his application; or
(c)
does not diligently prosecute the application.
(2)  The court may, on such terms as it thinks just, order that the creditor making the bankruptcy application be substituted by any other creditor who —
(a)
has given notice of his intention to appear and support the bankruptcy application under rule 116 and so appears;
(b)
is desirous of prosecuting the application; and
(c)
was in such a position in relation to the debtor at the date on which the bankruptcy application was filed as would have enabled him on that date to file a bankruptcy application against the debtor.
(3)  An order of court under paragraph (2) shall be in Form 7.
(4)  Where the court has ordered the substitution of the applicant creditor under paragraph (2), the original applicant creditor shall not be entitled to the costs of the bankruptcy proceedings unless the court otherwise orders.
Bankruptcy application to be amended
124.  Where the court orders the substitution of the applicant creditor under rule 123, the creditor’s bankruptcy application shall be amended accordingly and shall be re-filed and re-served together with an affidavit in support of the amended application on the debtor and the Official Assignee.
Deposit payable upon substitution of applicant creditor
125.
—(1)  The new applicant creditor shall file 2 copies of the amended bankruptcy application and the supporting affidavit in court, inclusive of the copy 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 of the amended application and the supporting affidavit under paragraph (1), the amended application and affidavit shall be deemed to have been served on the Official Assignee.
(3)  Where an amended application has been filed under paragraph (1), the Official Assignee may, from time to time, require the new applicant creditor 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 bankruptcy application.
Decision on hearing of bankruptcy application
126.  On the hearing of a creditor’s bankruptcy application, the court may make a bankruptcy order if it is satisfied that the statements in the supporting affidavit are true, and the debt on which the bankruptcy application has been founded has not been paid, secured or compounded for.
Dismissal of bankruptcy application
127.  The court shall dismiss a creditor’s bankruptcy application where —
(a)
the applicant creditor is not entitled to make the bankruptcy application by virtue of section 60, 61 or 62 of the Act;
(b)
the statutory demand upon which the application is based is such that the court would have set it aside had the debtor made an application under rule 97; or
(c)
in a case where the application is based on a statutory demand, the applicant creditor has not discharged the obligations imposed on him by rule 96.
Actions to follow upon making of bankruptcy order on creditor’s bankruptcy application
Settlement and contents of bankruptcy order
128.
—(1)  A bankruptcy order made on a creditor’s bankruptcy application shall be settled by the court.
(2)  The bankruptcy order shall be in Form 8 and shall —
(a)
state the date of the filing of the bankruptcy application on which the order is made;
(b)
state the date of the making of the order; and
(c)
contain a notice requiring the bankrupt immediately after the service of the order on him 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 debtor is represented by a solicitor, the bankruptcy order shall be endorsed with the name, address and telephone number of the solicitor and the file reference of the solicitor’s firm.
Service of bankruptcy order
129.
—(1)  Where a bankruptcy order has been made on a creditor’s bankruptcy application, the applicant creditor shall serve not less than 2 sealed copies of the bankruptcy order on the Official Assignee.
(2)  If a trustee has been appointed, the applicant creditor shall serve not less than 2 sealed copies of the bankruptcy order on the trustee and one sealed copy on the Official Assignee.
(3)  The Official Assignee or the trustee, as the case may be, shall serve a sealed copy of the bankruptcy order on the bankrupt.”.
Amendment of rule 133
16.  Rule 133 of the Bankruptcy Rules is amended by deleting paragraph (2) and substituting the following paragraph:
(2)  The applicant creditor shall apply to the court for an order amending the title of the proceedings at his own cost if so directed by the Official Assignee or the trustee.”.
Deletion and substitution of rules 134 to 140
17.  The Bankruptcy Rules are amended by deleting rules 134 to 140 (including the heading immediately above rule 134) and substituting the following heading and rules:
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, and any of such parties may appear at the hearing and be heard.”.
Amendment of rule 141
18.  Rule 141 of the Bankruptcy Rules is amended —
(a)
by deleting paragraph (1) and substituting the following paragraph:
(1)  A bankruptcy order made on a debtor’s bankruptcy application shall be settled by the Registrar.”; and
(b)
by deleting sub-paragraph (a) of paragraph (2) and substituting the following sub-paragraph:
(a)
state the date of the filing of the debtor’s bankruptcy application;”.
Amendment of heading
19.  The Bankruptcy Rules are amended by deleting the heading immediately above rule 142 and substituting the following heading:
Actions to follow upon making of bankruptcy order on debtor’s bankruptcy application”.
Amendment of rule 143
20.  Rule 143 of the Bankruptcy Rules is amended by deleting paragraph (1) and substituting the following paragraph:
(1)  When a bankruptcy order is made on a debtor’s bankruptcy application, the Registrar shall cause a notification of the order to be published in the Gazette.”.
Amendment of rule 144
21.  Rule 144 of the Bankruptcy Rules is amended by deleting paragraph (1) and substituting the following paragraph:
(1)  Upon the making of a bankruptcy order on a debtor’s bankruptcy application, the Official Assignee shall cause the order to be advertised in such local newspaper as he thinks fit.”.
Deletion and substitution of rule 146
22.  Rule 146 of the Bankruptcy Rules is deleted and the following rule substituted therefor:
Amendment of title of proceedings
146.  At any time after the making of a bankruptcy order on a debtor’s bankruptcy application, the Official Assignee or the trustee, as the case may be, may apply to the court for an order amending the title of the proceedings.”.
Amendment of rule 147
23.  Rule 147 of the Bankruptcy Rules is amended by deleting paragraph (1) and substituting the following paragraph:
(1)  After the filing of a bankruptcy application (whether a creditor’s or debtor’s application), the debtor or any of his creditors may apply for the appointment of the Official Assignee as interim receiver of the debtor’s property or any part thereof.”.
Deletion and substitution of rule 150
24.  Rule 150 of the Bankruptcy Rules is deleted and the following rule substituted therefor:
Damages on dismissal of bankruptcy application
150.  Where a bankruptcy application is dismissed after an order has been made appointing an interim receiver, application may be made to the court within 21 days from the date of the dismissal for an adjudication upon any claim for damages resulting from the appointment of the receiver, and thereupon the court shall make such order as it thinks fit.”.
Amendment of rule 184
25.  Rule 184 of the Bankruptcy Rules is amended by deleting paragraph (b) and substituting the following paragraph:
(b)
if the debt is due otherwise, interest may only be claimed if, before the filing of the bankruptcy application, a demand for payment was made in writing by or on behalf of the creditor, and notice given that interest would be payable from the date of the demand to the date of payment, in which case interest may be claimed under this rule for the period from the date of the demand to that of the bankruptcy order.”.
Deletion and substitution of rule 244
26.  Rule 244 of the Bankruptcy Rules is deleted and the following rule substituted therefor:
Discharge by certificate of Official Assignee
244.  Before issuing a certificate of discharge under section 125 of the Act, the Official Assignee shall, where there are funds available in the estate of the bankrupt, reserve a reasonable sum for the costs of the bankruptcy application and declare dividends to the creditors who have proved their debts to the satisfaction of the Official Assignee without the necessity of advertising for further claims.”.
Deletion and substitution of rule 250
27.  Rule 250 of the Bankruptcy Rules is deleted and the following rule substituted therefor:
Solicitor’s costs in case of debtor’s bankruptcy application
250.  The solicitor in the matter of a bankruptcy application filed by the debtor against himself shall, in his bill of costs, give credit for any sum or security received from the debtor as a deposit on account of the costs and expenses to be incurred in relation to the filing and prosecution of the bankruptcy application, and the amount of any such deposit shall be noted by the Registrar on the allocatur issued for the costs.”.
Deletion and substitution of rules 261 and 262
28.  Rules 261 and 262 of the Bankruptcy Rules are deleted and the following rules substituted therefor:
Disallowance of costs of unnecessary bankruptcy application
261.  Where a creditor’s bankruptcy application has been filed against the debtor and before it is heard the debtor files a bankruptcy application on which a bankruptcy order is made, no costs shall be allowed to the debtor or his solicitor out of the estate, unless the court considers that the estate has benefited by the debtor’s conduct, or that in the special circumstances costs should be allowed.
Apportionment of costs in case of partnership
262.  In the case of a bankruptcy application filed against a partnership, costs payable out of the estate incurred up to and inclusive of the bankruptcy order shall be apportioned between the joint and separate estates of the partners in such proportions as the Official Assignee or the trustee may determine.”.
Deletion and substitution of rules 263 to 266
29.  Rules 263 to 266 of the Bankruptcy Rules are deleted and the following rules substituted therefor:
Form of application
263.  An application under section 148 of the Act shall be made by originating summons in Form 39 and shall be supported by an affidavit in Form 40.
Deposit by applicant
264.
—(1)  The applicant shall file 2 copies of the application and supporting affidavit in court, inclusive of the copy 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 of the application and affidavit under paragraph (1), the application and affidavit shall be deemed to have been served on the Official Assignee.
(3)  Where an application under section 148 of the Act has been filed, the Official Assignee may, from time to time, require the applicant 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 administration order, to cover the fees and expenses incurred by the Official Assignee in connection with the application.
Service of application
265.  The application and affidavit shall be served —
(a)
unless the court otherwise directs, on each executor who has proved the will of the deceased debtor or, as the case may be, on each person who has taken out letters of administration of the estate of the deceased debtor; and
(b)
on such other person, if any, as the court may direct.
Proof of service and hearing of application
266.  The provisions of the Act and these Rules regarding the proof of service and the hearing of a creditor’s bankruptcy application shall apply to an application under section 148 of the Act as they apply to an ordinary creditor’s bankruptcy application.”.
Amendment of rule 270
30.  Rule 270(3) of the Bankruptcy Rules is amended by deleting sub-paragraph ( a) and substituting the following sub-paragraph:
(a)
require such notice of the application as it thinks necessary to be given to —
(i)
the Official Assignee or the trustee;
(ii)
the person alleged to be a person of unsound mind;
(iii)
the creditor who has made a bankruptcy application which affects the person of unsound mind; or
(iv)
any other person; and”.
Amendment of rule 273
31.  Rule 273 of the Bankruptcy Rules is amended by deleting paragraph (b) and substituting the following paragraph:
(b)
a register of bankruptcy applications;”.
Amendment of Schedule
32.
—(1)  Form 1 in the Schedule to the Bankruptcy Rules is amended —
(a)
by deleting the words “bankruptcy petition” wherever they appear and substituting in each case the words “bankruptcy application”; and
(b)
by deleting the word “presented” in the second paragraph of Part B and substituting the word “made”.
(2)  The Schedule to the Bankruptcy Rules is amended —
(a)
by deleting Forms 2 to 10 and substituting the new Forms 1A to 10 as set out in the First Schedule to these Rules;
(b)
by deleting Form 13 and substituting the new Form 13 as set out in the Second Schedule to these Rules; and
(c)
by deleting Forms 39 and 40 and substituting the new Forms 39 and 40 as set out in the Third Schedule to these Rules.
[AG/LEG/SL/20/2003/1 Vol. 1]