Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020
Table of Contents
Enacting Formula
Part 1 PRELIMINARY
1 Citation and commencement
2 Definitions
3 Application
4 Practice directions
Part 2 COURT PROCEDURE
Division 1 Court and chambers
5 Hearing of applications
6 Adjournment from Registrar to Judge
7 Adjournment from chambers to court and vice versa
Division 2 Proceedings
8 Title of proceedings
9 Court records
10 Filing, gazetting, etc.
Division 3 Applications and practice
11 Manner of making applications, etc.
12 Issue of originating process and process to be sealed
13 Duration and renewal of originating application for purpose of service
14 Service of application
15 Personal service
16 Length of notice
17 Notice to be served on all proper parties
18 Adjournment
19 Court may give directions as to proceedings to be taken
Division 4 Affidavits
20 Evidence by affidavit
21 Filing and service of affidavits
22 Affidavit filed out of time
23 Scandalous, irrelevant or oppressive matter
Division 5 Security in court
24 Form of security
Division 6 Witnesses and depositions
25 Orders to attend court
26 Service of order to attend court
27 Tender of expenses
28 Order for examination
29 Letters of request
30 Production of documents
Division 7 Warrants, arrests and commitments
31 Address of warrants
32 Warrant under section 274 of Act
33 Warrant under section 334 or 335 of Act
34 Warrant under section 370(3) of Act
35 Suspension of issue of committal order
Division 8 Service and execution of process
36 Service by and on solicitor
37 Time of service
38 Officers to effect service
39 Service by post
40 Enforcement of orders
Division 9 Appeals
41 Procedure on appeal
Part 3 OFFICIAL ASSIGNEE
42 Evidence on application by Official Assignee
43 Official Assignee’s reports to be prima facie evidence
44 Application for directions
45 Liability for costs, expenses and damages
Part 4 TRUSTEE IN BANKRUPTCY
46 Appointment of trustee of bankrupt’s estate
47 Factors to be considered in determining remuneration of trustee in bankruptcy
48 Removal of trustee in bankruptcy by Court
49 Resignation of trustee in bankruptcy
50 Powers of Court
Part 5 VOLUNTARY ARRANGEMENTS
51 Definitions of this Part
52 Application for interim order
53 Persons who may appear at hearing of application for interim order
54 Court to fix date for consideration of nominee’s report
55 Action to follow making of interim order
56 Nominee’s report on proposal
57 Replacement of nominee
58 Consideration of nominee’s report
59 Appeal against chairperson’s decision on entitlement to vote at creditors’ meeting
60 Application for review of decision of creditors’ meeting
Part 6 DEBT REPAYMENT SCHEME
61 Manner of making applications
62 Appeal against extension of period to file proof of debt
63 Appeal against admission or rejection of proof of debt by Official Assignee
Part 7 PROCEEDINGS IN BANKRUPTCY
Division 1 Statutory demand
64 Form and contents of statutory demand
65 Information to be given in statutory demand
66 Requirements as to service of statutory demand
67 Application to set aside statutory demand
68 Hearing of application to set aside statutory demand
Division 2 Creditor’s bankruptcy application
69 Form of creditor’s bankruptcy application
70 Identification of debtor
71 Identification of debt
72 (Deleted)
73 Bankruptcy application based on statutory demand
74 Bankruptcy application based on section 312(b) of Act
75 Grounds of creditor’s bankruptcy application
76 Deposit payable to Official Assignee, etc.
77 Form of affidavit
78 Proof of service of statutory demand
Division 3 Steps to be taken before hearing of creditor’s bankruptcy application
79 Personal service on individual debtor
80 Personal service on firm
81 Substituted service
82 Service on nominee
83 Giving of notice to proposed trustee
84 Death of debtor before service
85 Proof of service of bankruptcy application
86 Affidavit of non-satisfaction of debt
Division 4 Hearing of creditor’s bankruptcy application
87 Date of hearing of creditor’s bankruptcy application
88 Persons who may be heard
89 Where there are several debtors
90 Bankruptcy application by licensed moneylender
91 Bankruptcy application opposed by debtor
92 Non-appearance of applicant creditor or lack of prosecution of bankruptcy application
93 Deemed discontinuance of creditor’s bankruptcy application
94 Postponement of hearing of bankruptcy application where it has not been served
95 Adjournment of hearing of bankruptcy application for other reasons
96 Substitution of applicant creditor
97 Bankruptcy application to be amended, etc.
98 Decision on hearing of bankruptcy application
99 Dismissal of bankruptcy application
Division 5 Debtor’s bankruptcy application
100 Form of debtor’s bankruptcy application
101 Admission of insolvency
102 Statement of affairs
103 Procedure for filing debtor’s bankruptcy application
104 Service of debtor’s bankruptcy application on nominee supervising voluntary arrangement and partners of debtor
105 Hearing of debtor’s bankruptcy application
106 Deemed discontinuance of debtor’s bankruptcy application
Division 6 Actions to follow upon making of bankruptcy order
107 Settlement and contents of bankruptcy order
108 Service of bankruptcy order
109 Gazetting of bankruptcy order
110 Publication of bankruptcy order
111 Stay of bankruptcy order
112 Amendment of title of proceedings
Part 8 INTERIM RECEIVER
113 Appointment of interim receiver
114 Damages on dismissal of bankruptcy application after appointment of interim receiver
Part 9 BANKRUPTCY ADMINISTRATION
Division 1 Creditors’ meetings
115 Application for orders or directions for meetings
Division 2 Statements of affairs
116 Extension of time to submit statement of affairs, etc.
Division 3 Examination of bankrupt and others under section 335 of Act
117 Examination under section 335(1) of Act
118 Parties to proceedings under section 335 of Act
119 General proxy-holders may question bankrupt, etc.
120 Costs of examination
Division 4 Applications to Court under Division 3 of Part 17 of Act
121 Notice of application to Court, etc., under section 340(1) of Act
122 Notice of application to Court, etc., under section 341(1) of Act
123 Notice of application to Court, etc., under section 343 of Act
Division 5 Secured creditors
124 Amendment of valuation
Division 6 Taking accounts and sale of mortgaged property
125 Person claiming to be mortgagee
126 Examination on oath, etc.
Division 7 Admission and rejection of proofs
127 Appeal against trustee’s decision to reject proof
128 Appeal against trustee’s decision to expunge proof
129 Expunging of proof by Court
Division 8 Appropriation of pay, salary, pensions, etc.
130 Application for appropriation order
131 Notice of order made under section 372 of Act
132 Review of order made under section 372 of Act
Division 9 Disclaimers of property
133 Application in relation to section 373(4)(b)(ii) of Act
134 Application to dispense with service of copy of notice of disclaimer
135 Application under section 375(2) of Act
Division 10 Disputed title to property
136 Claims to property in hands of trustee may be determined summarily
Part 10 ANNULMENT AND DISCHARGE
137 Application under section 392 or 394 of Act made by persons other than Official Assignee
138 Application under section 392 or 394 of Act by Official Assignee
139 Notice of hearing of application under section 392 or 394 of Act
140 Costs of application
141 Annulment orders and discharges by Court to be gazetted by Registrar
142 Deferment of issue of order pending appeal
143 Appeal
144 Accounts of property acquired after discharge
145 Application for modification of order
146 Application by creditor under section 396(9) of Act
Part 11 COSTS AND ASSESSMENT
147 Rules of Court to apply
148 Award of costs
149 Costs to be allowed in accordance with Second Schedule
150 Disallowance of costs of unnecessary bankruptcy application
151 Sheriff’s costs
152 Assessment of Sheriff’s costs after deduction
153 Apportionment of costs in case of partnership
154 Application for costs
155 Filing of costs orders
156 Assessment of costs
157 Contents of bill of costs
158 Lodgment of bills
159 Notice of appointment to assess
160 Certificate of employment of solicitor by trustee in bankruptcy
161 Solicitor’s costs in case of debtor’s bankruptcy application
162 Non-contentious business
163 Where same solicitor is employed for 2 or more persons having same interest
164 Neglect or delay in assessment
165 Filing of bills and issue of allocator
166 Where allocatur is lost or destroyed
167 Costs paid otherwise than out of estate
168 Review of assessment
169 Production of vouchers
Part 12 FEES
170 Fees to be taken by Registrar
171 Method of payment
Part 13 MISCELLANEOUS PROVISIONS
Division 1 Administration of estates of deceased debtor
172 Form of application
173 Deposit by applicant, etc.
174 Giving of notice of application
175 Proof of service and hearing of application
176 Prescribed manner under section 419(4) of Act
177 Publication and notification of administration order
178 Expense of legal personal representative must be assessed
179 Executor de son tort
Division 2 Persons unable to manage own property or affairs
180 Appointment of another person to act
181 Service of notices following appointment
Division 3 Notices in Gazette
182 Publication of notifications
Division 4 Records to be maintained by Registrar
183 Records to be maintained by Registrar
184 Search of records maintained by Registrar
Division 5 Disposal of bankrupt’s books, etc., under Court’s direction
185 Court may direct disposal of bankrupt’s books, etc.
Division 6 Effect of non-compliance
186 Non-compliance with Rules