Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020

No. S 585

Insolvency, Restructuring
and Dissolution Act 2018

(ACT 40 OF 2018)

Insolvency, Restructuring and Dissolution
(Personal Insolvency) Rules 2020

In exercise of the powers conferred by section 448 of the Insolvency, Restructuring and Dissolution Act 2018, we, the Rules Committee, make the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1. These Rules are the Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020 and come into operation on 30 July 2020.

Definitions

2.—(1) In these Rules, unless the context otherwise requires —

“Bankruptcy Regulations” means the Insolvency, Restructuring and Dissolution (Bankruptcy) Regulations 2020 (G.N. No. S 587/2020);

“Court” includes the Registrar when exercising the powers of the General Division of the High Court under the Act or these Rules;

[S 1039/2020 wef 02/01/2021]

“estate”, in relation to a trustee, means the estate of a bankrupt that is being or that has been administered by the trustee;

“Form” means a form set out in the First Schedule, and a form referred to by a number (where such number may include alphanumeric characters) means the form so numbered in that Schedule;

“nominee” has the meaning given by section 273(1) of the Act;

“Registry” means the Registry of the Supreme Court;

“regulations” means —

(a)	the Bankruptcy Regulations;
(b)	the Insolvency, Restructuring and Dissolution (Voluntary Arrangements) Regulations 2020 (G.N. No. S 588/2020); and
(c)	the Insolvency, Restructuring and Dissolution (Debt Repayment Scheme) Regulations 2020 (G.N. No. S 589/2020);

“Rules of Court” means the Rules of Court for the time being in force;

“scheme” means a scheme of arrangement of a bankrupt’s affairs under Division 5 of Part 17 of the Act;

“sealed” means sealed with the seal of the Court.

(2) In these Rules —

(a)

any reference to Part 3 of the Act is a reference to only those provisions in —

(i)	Division 1 of that Part concerning the Official Assignee; and
(ii)	Division 2 of that Part; and

(b)

any reference to Part 22 of the Act is a reference to that Part only in the case of a debtor who is an individual.

(3) In these Rules, any reference to the Official Assignee does not include a reference to a trustee in bankruptcy, and any reference to a trustee in bankruptcy does not include a reference to the Official Assignee.

(4) Where an act is required in these Rules to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

Application

3. These Rules apply to —

(a)	the proceedings, practice and procedure of the General Division of the High Court under Part 3 and Parts 13 to 22 of the Act; and [S 1039/2020 wef 02/01/2021]
(b)	the matters incidental to or relating to the proceedings, practice and procedure mentioned in paragraph (a).

Practice directions

4. The Registrar may issue practice directions concerning the business of the Registry in relation to applications to the Court under Part 3 and Parts 13 to 22 of the Act, these Rules or the regulations.

Made on 3 June 2020.

SUNDARESH MENON

Chief Justice.

LUCIEN WONG

Attorney-General.

TAY YONG KWANG

Judge of Appeal.

STEVEN CHONG

Judge of Appeal.

BELINDA ANG SAW EAN

Judge.

QUENTIN LOH

Judge.

VINODH COOMARASWAMY

Judge.

VINCENT HOONG SENG LEI

Presiding Judge of the State Courts.

JAMES LEONG

District Judge.

FRANCIS XAVIER, SC

Advocate and Solicitor.

KUAH BOON THENG, SC

Advocate and Solicitor.

[LAW 06/011/004; AG/LEGIS/SL/142B/2015/17 Vol. 5]

(To be presented to Parliament under section 448(3) of the Insolvency, Restructuring and Dissolution Act 2018).

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