Division 1 Court and chambers
Division 2 Proceedings
Division 3 Applications and practice
Division 4 Affidavits
Division 5 Security in court
Division 6 Witnesses and depositions
Division 7 Warrants, arrests and commitments
Division 8 Service and execution of process
Division 9 Appeals
Division 1 Statutory demand
Division 2 Creditor’s bankruptcy application
Division 3 Steps to be taken before hearing of creditor’s bankruptcy application
Division 4 Hearing of creditor’s bankruptcy application
Division 5 Debtor’s bankruptcy application
Division 6 Actions to follow upon making of bankruptcy order
Division 1 Creditors’ meetings
Division 2 Statements of affairs
Division 3 Examination of bankrupt and others under section 335 of Act
Division 4 Applications to Court under Division 3 of Part 17 of Act
Division 5 Secured creditors
Division 6 Taking accounts and sale of mortgaged property
Division 7 Admission and rejection of proofs
Division 8 Appropriation of pay, salary, pensions, etc.
Division 9 Disclaimers of property
Division 10 Disputed title to property
Division 1 Administration of estates of deceased debtor
Division 2 Persons unable to manage own property or affairs
Division 3 Notices in Gazette
Division 4 Records to be maintained by Registrar
Division 5 Disposal of bankrupt’s books, etc., under Court’s direction
Division 6 Effect of non-compliance
| Division 4 — Hearing of creditor’s bankruptcy application |
| Date of hearing of creditor’s bankruptcy application |
| 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:
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| 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 —
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| 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 —
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| 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:
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| 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 —
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| 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.
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| 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.
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| Adjournment of hearing of bankruptcy application for other reasons |
95.—(1) At the hearing of a bankruptcy application, where —
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| Substitution of applicant creditor |
96.—(1) This rule applies where a creditor who has made a bankruptcy application (A) —
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| 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 —
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| 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 —
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