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. |
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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. |
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(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. |
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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. |
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(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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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(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. |
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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. |
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. |
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. |
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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. |
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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. |
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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. |
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(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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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(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. |
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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. |
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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. |
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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. |
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(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. |
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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.”. |
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