Presumption of inability to pay debts
312.  For the purposes of a creditor’s bankruptcy application, a debtor is, until the debtor proves to the contrary, presumed to be unable to pay any debt within the meaning of section 311(1)(c) if the debt is immediately payable and any one of the following applies:
(a)the applicant creditor to whom the debt is owed has served on the debtor in the prescribed manner, a statutory demand, and —
(i)at least 21 days have elapsed since the statutory demand was served; and
(ii)the debtor has neither complied with it nor applied to the Court to set it aside;
(b)an enforcement order issued against the debtor in respect of a judgment debt owed to the applicant creditor has been returned unsatisfied in whole or in part;
[Act 25 of 2021 wef 01/04/2022]
(c)the debtor has departed from or remained outside Singapore with the intention of defeating, delaying or obstructing a creditor in the recovery of the debt;
(d)the Official Assignee has —
(i)issued a certificate of inapplicability of a debt repayment scheme under section 299;
(ii)issued a certificate of failure of a debt repayment scheme under section 300(1); or
(iii)revoked a certificate of completion of a debt repayment scheme under section 302(1),
in respect of the debtor within 90 days immediately preceding the date on which the bankruptcy application is made, and the applicant creditor had proved the debt under that debt repayment scheme.