Bankruptcy (Debt Repayment Scheme) (Amendment No. 2) Rules 2014

Status:

Published in Subsidiary Legislation Supplement
on 04 Jul 2014

No. S 462

Bankruptcy Act

(CHAPTER 20)

Bankruptcy
(Debt Repayment Scheme)
(Amendment No. 2) Rules 2014

In exercise of the powers conferred by sections 56T and 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 (Debt Repayment Scheme) (Amendment No. 2) Rules 2014 and shall come into operation on 1st August 2014.

Amendment of rule 8

2. Rule 8 of the Bankruptcy (Debt Repayment Scheme) Rules (R 6) (referred to in these Rules as the principal Rules) is amended —

(a)

by deleting the words “in Form 1” in paragraph (2) and substituting the words “in accordance with Part XA”; and

(b)

by inserting, immediately after paragraph (2), the following paragraphs:

“(2A) If the proof of debt is filed in accordance with rule 34B, a copy of each document substantiating the claim specified in the proof of debt —

(a)	shall be filed in accordance with rule 34B together with the proof of debt; or
(b)	where the Official Assignee is of the opinion that a creditor will incur unreasonable expense or suffer unreasonable inconvenience in complying with sub-paragraph (a), shall be sent to the Official Assignee within 14 days after the date of filing of the proof of debt, in such manner as the Official Assignee may specify in any practice directions issued by the Official Assignee.

(2B) If the proof of debt is filed in accordance with rule 34D, a copy of each document substantiating the claim specified in the proof of debt shall accompany the proof of debt.”.

Amendment of rule 23

3. Rule 23 of the principal Rules is amended —

(a)

by deleting the words “in Form 1” in paragraph (1); and

(b)

by inserting, immediately after paragraph (1), the following paragraphs:

“(1A) A creditor’s proof of debt referred to in paragraph (1) shall be submitted to the Official Assignee in accordance with Part XA together with the appropriate fee.

(1B) If the proof of debt is filed in accordance with rule 34B, a copy of each document substantiating the claim specified in the proof of debt —

(a)	shall be filed in accordance with rule 34B together with the proof of debt; or
(b)	where the Official Assignee is of the opinion that a creditor will incur unreasonable expense or suffer unreasonable inconvenience in complying with sub-paragraph (a), shall be sent to the Official Assignee within 14 days after the date of filing of the proof of debt, in such manner as the Official Assignee may specify in any practice directions issued by the Official Assignee.

(1C) If the proof of debt is filed in accordance with rule 34D, a copy of each document substantiating the claim specified in the proof of debt shall accompany the proof of debt.”.

Amendment of Schedule

4. The Schedule to the principal Rules is amended by deleting items 13 and 14 and substituting the following item:

“13.

On every proof of debt submitted, whether by electronic transmission or otherwise

$5”.

[G.N. No. S 460/2014]

Made this 1st day of July 2014.

BEH SWAN GIN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 20/001/001 Vol. 5; AG/LLRD/SL/20/2010/3 Vol. 1]

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