Division 4 — Hearing of creditor’s bankruptcy application
Date of hearing of creditor’s bankruptcy application
87.—(1)  Subject to paragraph (2), a creditor’s bankruptcy application must not be heard until the expiration of 7 clear days, or such longer time as the Court may direct, after the service of the application.
(2)  The Court may, on such terms as it thinks fit, hear the creditor’s bankruptcy application at an earlier date where —
(a)the Court is satisfied that the debtor has absconded;
(b)the Court is satisfied that it is a proper case for an expedited hearing; or
(c)the debtor consents to a hearing being held before the expiry of the 7 clear days mentioned in paragraph (1).
Persons who may be heard
88.—(1)  Any one or more of the following persons may be heard in the hearing of a creditor’s bankruptcy application:
(a)the creditor making the bankruptcy application;
(b)the debtor in question;
(c)where there has been a voluntary arrangement under Part 14 of the Act, the nominee who was acting in relation to the voluntary arrangement;
(d)subject to paragraph (3), any creditor of the debtor in question who has given notice to the Court of the creditor’s intention to appear at the hearing of the bankruptcy application;
(e)the Official Assignee.
(2)  The notice of a creditor under paragraph (1)(d) must —
(a)be in Form PIR-6;
(b)specify —
(i)the name, address and telephone number of the creditor giving the notice;
(ii)whether the creditor’s intention is to support or oppose the bankruptcy application; and
(iii)the amount and nature of the creditor’s debt; and
(c)be filed at least one day before the hearing.
(3)  A creditor who fails to comply with paragraph (2) may not appear at the hearing except with the permission of the Court.
[S 196/2022 wef 01/04/2022]
Where there are several debtors
89.  Where service has not been effected upon all the debtors against whom a creditor’s bankruptcy application has been made, the bankruptcy application —
(a)may be heard separately or collectively as regards any debtors who have been served; and
(b)may subsequently be heard separately or collectively as regards any other debtors after service has been effected upon them.
Bankruptcy application by licensed moneylender
90.—(1)  In addition to the other requirements in these Rules, a licensed moneylender licensed under the Moneylenders Act (Cap. 188) making a bankruptcy application against a debtor based on a debt arising from one or more loans granted by the licensed moneylender as a licensed moneylender must prove the debt by an affidavit —
(a)incorporating a statement setting out in detail the particulars set out in paragraph (2) in respect of each loan; and
(b)exhibiting a copy of the note of contract (duly signed as required under section 20(1)(a) of the Moneylenders Act) for each loan.
(2)  The particulars for the purposes of paragraph (1)(a) are as follows:
(a)the date on which the loan was made;
(b)the amount actually lent under the contract for the loan;
(c)the rate per cent per annum of interest charged;
(d)the date when the contract for repayment was made;
(e)the fact that a note of the contract was made and was signed by the debtor;
(f)the date when a copy of the note was delivered or sent to the debtor;
(g)the amount repaid;
(h)the amount due but unpaid;
(i)the date upon which such unpaid sum or sums became due;
(j)the amount of interest accrued due and unpaid on every such sum;
(k)the form in which the money was lent.
(3)  A reference in paragraph (1) to a licensed moneylender making a bankruptcy application is a reference to a person who, at the time each loan mentioned in paragraph (1)(b) is granted, is a licensed moneylender, whether or not the person continues to be so licensed at the time that the bankruptcy application is made by the person.
Bankruptcy application opposed by debtor
91.  Where a debtor intends to oppose a creditor’s bankruptcy application filed against the debtor, the debtor must do the following not later than 3 days before the hearing of the bankruptcy application:
(a)file in court a notice specifying the grounds upon which the debtor will object to the making of a bankruptcy order;
(b)serve a copy of the notice on the applicant creditor and the Official Assignee.
Non-appearance of applicant creditor or lack of prosecution of bankruptcy application
92.—(1)  If the creditor making a bankruptcy application fails to appear on the hearing of the bankruptcy application or fails to prosecute the application diligently —
(a)the application may be dismissed; and
(b)no subsequent application against the same debtor (either alone or jointly with any other person) may be made by the same creditor in respect of the same debt without the permission of the Court.
[S 196/2022 wef 01/04/2022]
(2)  Without limiting paragraph (1), where the bankruptcy application has been dismissed without a hearing by reason of the failure of the applicant creditor to attend the hearing, the application must not be restored to the list.
Deemed discontinuance of creditor’s bankruptcy application
93.—(1)  If it appears from the records maintained by the Court that no party to a creditor’s bankruptcy application has taken any step or proceeding in the bankruptcy application for a period of more than one year (or the period as extended by the Court under paragraph (3)) since the last step or proceeding that was taken in that bankruptcy application, the bankruptcy application is deemed to have been discontinued on the expiration of the period of one year (or the period as extended by the Court under paragraph (3)) after the taking of that last step or proceeding.
(2)  Paragraph (1) does not apply where the creditor’s bankruptcy application has been stayed pursuant to an order of the Court.
(3)  The Court may, on an application by any party made before the end of the period of one year mentioned in paragraph (1), extend the time for taking any step or proceeding to the extent that the Court thinks fit.
(4)  Where a creditor’s bankruptcy application has been discontinued under this rule, the Court may, on application, reinstate the bankruptcy application, and allow it to proceed on such terms as the Court thinks just.
Postponement of hearing of bankruptcy application where it has not been served
94.—(1)  A creditor making a bankruptcy application may apply to the Court for extension of time for the hearing of the bankruptcy application if the application has not been served.
(2)  The application for extension of time under paragraph (1) must state the reasons why the bankruptcy application has not been served.
(3)  The costs (if any) of an application for extension of time under paragraph (1) are not to be borne by the debtor against whom the bankruptcy application is made.
(4)  If an extension of time is granted by the Court, the bankruptcy application must be amended before service to reflect the new hearing date.
Adjournment of hearing of bankruptcy application for other reasons
95.—(1)  At the hearing of a bankruptcy application, where —
(a)a creditor’s bankruptcy application has been duly served; and
(b)a period of one month has expired after the day appointed for the first hearing of a creditor’s bankruptcy application,
then, unless the Court adjourns the hearing, the Court is to either make a bankruptcy order on the application or dismiss the application.
(2)  No adjournment of the hearing is to be made after the period mentioned in paragraph (1) has expired except on any of the following grounds:
(a)the debtor appears to show cause against the bankruptcy application or dispute any matter relevant to the bankruptcy proceedings;
(b)where the debtor appears and satisfies the Court that the debtor is able to pay the debtor’s debt in full or in part within a reasonable period;
(c)the Court is satisfied that there are sufficient reasons for granting the adjournment.
(3)  If the Court adjourns the hearing of the creditor’s bankruptcy application, the applicant creditor must immediately send a notice of the adjournment in Form PIR‑7 to the debtor, unless the debtor was present during the hearing or the Court otherwise directs.
(4)  The costs of any adjournment of the hearing of the bankruptcy application are not to be borne by the debtor if the adjournment was necessitated by any act or omission of the applicant creditor.
Substitution of applicant creditor
96.—(1)  This rule applies where a creditor who has made a bankruptcy application (A) —
(a)fails to appear in support of the bankruptcy application on the day fixed for the hearing of the bankruptcy application;
(b)appears on the day fixed for the hearing of the bankruptcy application but does not apply for an order in terms of the relief sought in the bankruptcy application; or
(c)does not diligently prosecute the bankruptcy application.
(2)  The Court may, on such terms as it thinks just, order that A be substituted by any other creditor (B) if B —
(a)has given notice of B’s intention to appear and support the bankruptcy application under rule 88 and so appears;
(b)is desirous of prosecuting the bankruptcy application; and
(c)was in such a position in relation to the debtor at the date on which the bankruptcy application was filed as would have enabled B on that date to file a bankruptcy application against the debtor.
(3)  An order of the Court under paragraph (2) is to be in Form PIR‑8.
(4)  Where the Court has ordered the substitution of A under paragraph (2), A is not entitled to the costs of the bankruptcy proceedings unless the Court otherwise orders.
Bankruptcy application to be amended, etc.
97.—(1)  Where the Court orders a substitution of an applicant creditor under rule 96, the new applicant creditor must —
(a)amend the creditor’s bankruptcy application accordingly;
(b)re-file in court the amended creditor’s bankruptcy application and the new applicant creditor’s affidavit supporting the application together with a receipt from the Official Assignee showing payment of the deposit mentioned in regulation 8(1)(a) of the Bankruptcy Regulations;
(c)re-serve the amended creditor’s bankruptcy application and the new applicant creditor’s affidavit supporting the application in accordance with the provisions of these Rules relating to a creditor’s bankruptcy application and the service, proof of service, and giving of notice, of such an application; and
(d)within 3 days after filing the amended creditor’s bankruptcy application, serve a copy each of the amended creditor’s bankruptcy application and the new applicant creditor’s affidavit supporting the application on the Official Assignee.
(2)  Where an amended creditor’s bankruptcy application has been filed under paragraph (1), the Official Assignee may, from time to time, require the new applicant creditor to deposit with the Official Assignee any further sums required by the Official Assignee (whether before or after the making of the bankruptcy order) to cover the fees and expenses incurred by the Official Assignee in connection with the bankruptcy application.
Decision on hearing of bankruptcy application
98.  On the hearing of a creditor’s bankruptcy application, the Court may make a bankruptcy order if it is satisfied that the statements in the affidavit supporting the application are true, and the debt on which the bankruptcy application has been founded has not been paid, secured or compounded for.
Dismissal of bankruptcy application
99.  The Court must dismiss a creditor’s bankruptcy application where —
(a)the applicant creditor is not entitled to make the bankruptcy application by virtue of section 310, 311 or 312 of the Act; or
(b)in a case where the application is based on a statutory demand —
(i)the applicant creditor has not discharged the obligations imposed on the applicant creditor by rule 66; or
(ii)the statutory demand is such that the Court would have set it aside had the debtor made an application under rule 67.