Bankruptcy (Debt Repayment Scheme) (Amendment) Rules 2014

Status:

Published in Subsidiary Legislation Supplement
on 04 Jul 2014

No. S 460

Bankruptcy Act

(CHAPTER 20)

Bankruptcy
(Debt Repayment Scheme)
(Amendment) 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) Rules 2014 and shall come into operation on 4th July 2014.

Amendment of rule 2

2. Rule 2 of the Bankruptcy (Debt Repayment Scheme) Rules (R 6) (referred to in these Rules as the principal Rules) is amended by deleting “http://www.drs.gov.sg” in the definition of “Form” and substituting “http://www.ipto.gov.sg”.

Amendment of rule 23

3. Rule 23 of the principal Rules is amended by inserting, immediately after paragraph (4), the following paragraph:

“(4A) Before the Official Assignee admits or rejects a proof of debt in whole or in part, he shall examine every proof and the grounds of the debt, and may require further evidence from the creditor concerned in support of the proof of debt.”.

New Part XA

4. The principal Rules are amended by inserting, immediately after rule 34, the following Part:

“PART XA

ELECTRONIC FILING SYSTEM

Electronic filing system

34A. There shall be established an electronic filing system for the purposes of carrying out transactions with the Official Assignee under Part VA of the Act (including these Rules), which may be accessed through the Official Assignee’s Internet website at http://www.iptoonline.gov.sg.

Documents to be filed using electronic filing system

34B.—(1) Any person who wishes or is required to file, serve, deliver or otherwise convey any application, request or document by means of the electronic filing system shall do so in accordance with these Rules and any practice directions issued by the Official Assignee.

(2) On or after 1st August 2014, a creditor’s proof of debt filed under Part VA of the Act shall be filed, served, delivered or otherwise conveyed using the electronic filing system.

Receipt of submission

34C.—(1) Any application, request or document transmitted by means of the electronic filing system is considered to have been submitted to and received by the Official Assignee if the last byte of the transmission containing the application, request or document, as the case may be, is received by the server designated by the Official Assignee for the receipt of such transmissions.

(2) Any person who files with or sends to the Official Assignee any application, request or document by means of the electronic filing system may produce a record of transmission issued through the electronic filing system together with a copy of the notification of acceptance of the transmission by the Official Assignee as evidence of —

(a)	the filing or sending of the application, request or document; and
(b)	the date and time the filing or sending took place.

Unavailability, etc., of electronic filing system

34D. In the event of any failure or unavailability of or interruption to the electronic filing system, any document referred to in rule 34B(2) shall, during the period of such failure, unavailability or interruption, be filed, served, delivered or otherwise conveyed —

(a)	in such manner as may be specified by the Official Assignee in any practice directions issued by the Official Assignee; and
(b)	in Form 1.”.

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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