Division 3 — Steps to be taken before hearing of
creditor’s bankruptcy application
Personal service on individual debtor
79.—(1)  Subject to rule 81, a creditor’s bankruptcy application and the affidavit supporting the application must be served together and personally on the debtor by —
(a)an officer of the Court;
(b)the applicant creditor or a person in the employment of the applicant creditor; or
(c)the applicant creditor’s solicitor or a person in the employment of the solicitor.
(2)  The personal service of a creditor’s bankruptcy application and the affidavit supporting the application on a debtor is effected by delivering a sealed copy of the application together with its supporting affidavit to the debtor.
Personal service on firm
80.  Subject to rule 81, where a creditor’s bankruptcy application is against a firm, personal service of the application is deemed to have been effected on all the partners in the firm if the application and the affidavit supporting the application are served together at the principal place of business of the firm in Singapore on —
(a)any one of the partners; or
(b)any person having (at the time of service) control or management of the business of the firm in Singapore.
Substituted service
81.—(1)  The Court may order substituted service of a creditor’s bankruptcy application on a debtor if the Court is satisfied by affidavit or other evidence on oath that prompt personal service cannot be effected —
(a)because the debtor is keeping out of the way to avoid service of the creditor’s bankruptcy application; or
(b)for any other cause.
(2)  If the debtor in question is not in Singapore, the Court may order service to be made within such time and in such manner and form as the Court thinks fit.
(3)  Where an order for substituted service has been carried out, the bankruptcy application is deemed to have been duly served on the debtor in question.
Service on nominee
82.  If a creditor’s bankruptcy application is filed against a debtor because the debtor has failed to comply with any of the debtor’s obligations under a voluntary arrangement under Part 14 of the Act, and the applicant is not the nominee who was acting in relation to the voluntary arrangement, the applicant must serve a copy of the application and its supporting affidavit on the nominee.
Giving of notice to proposed trustee
83.—(1)  A creditor making a bankruptcy application against a debtor must give notice in writing of the application, together with a copy each of the application and the affidavit supporting the application, to —
(a)the person to be appointed as the trustee of the estate of the debtor in the event a bankruptcy order is made on the application; and
(b)if the debtor is a bankrupt, each person appointed as the trustee of the estate of the debtor under each subsisting bankruptcy order made against the debtor.
(2)  In paragraph (1)(b), a bankruptcy order made against a debtor is a subsisting bankruptcy order if the order has not been annulled and the debtor has not obtained a discharge in respect of the order.
Death of debtor before service
84.  If a debtor dies before service on the debtor of a creditor’s bankruptcy application, the Court may order service to be effected on the debtor’s personal representatives or any other person or persons that the Court thinks fit.
Proof of service of bankruptcy application
85.—(1)  Service of a creditor’s bankruptcy application must be proved by affidavit.
(2)  The affidavit must exhibit —
(a)a sealed copy of the bankruptcy application and the affidavit supporting the application with an endorsement on the sealed copy 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.
Affidavit of non-satisfaction of debt
86.  A creditor making a bankruptcy application must file an affidavit not earlier than 3 days before the date of the hearing of the application, stating —
(a)the amount that remains unsatisfied; and
(b)that the amount mentioned in paragraph (a) has neither been paid nor secured or compounded for,
if the amount alleged to be owing to the creditor as at the date that the affidavit is filed remains wholly or partly unsatisfied.