Division 5 — Debtor’s bankruptcy application
Form of debtor’s bankruptcy application
100.—(1)  A debtor’s bankruptcy application must be made in Form PIR‑9, and the affidavit supporting the application must state —
(a)the debtor’s name as it appears in the debtor’s identity card or passport;
(b)the number of the debtor’s identity card or passport, as the case may be;
(c)any other name or names by which the debtor is or was known or by which the debtor carries or has carried on any business;
(d)the debtor’s residential address, and electronic mail address (if any);
(e)the debtor’s occupation and monthly income; and
(f)whether the debtor carries on any business and if so, the nature of the debtor’s business, the address at which the debtor carries on the business, and whether the debtor carries on the business alone or with others.
(2)  Where a debtor’s bankruptcy application is made by a firm in the firm’s name, the affidavit supporting the application must state —
(a)the name, the number of the identity card or passport, the residential address, electronic mail address (if any), the occupation and the monthly income, of each of the partners in the firm;
(b)whether all the partners concur in the filing of the application;
(c)the name of each partner who does not concur in the filing of the application (if any);
(d)the nature of the business of the firm;
(e)the number of the certificate of confirmation of the registration of the firm under the Business Names Registration Act 2014; and
(f)where any of the partners in the firm carries on any business separately, the nature of the business, the address at which the business is carried on, and whether the partner carries on the business alone or with others.
(3)  Where the bankruptcy application is made by an individual debtor, the full title of the proceedings is determined by the particulars of the debtor specified in paragraph (1)(a), (b) and (c).
(4)  Where the bankruptcy application is made by a firm in the firm’s name, the full title of the proceedings must include the name of the firm as well as the names and numbers of the identity cards or passports of all the partners in the firm.
(5)  The debtor must explain in the debtor’s affidavit how the conditions and grounds specified in sections 310 and 311, respectively, of the Act for the making of a bankruptcy application have been satisfied.
Admission of insolvency
101.—(1)  The affidavit supporting a debtor’s bankruptcy application must be in Form PIR‑10, and must contain —
(a)the statement that the debtor is unable to pay the debtor’s debts; and
(b)an explanation as to the cause of the debtor’s insolvency.
(2)  If, at any time prior to the bankruptcy application, the debtor had been adjudged bankrupt, or has made a composition with the debtor’s creditors in satisfaction of the debtor’s debts or a scheme of arrangement of the debtor’s affairs, or has entered into any voluntary arrangement, particulars of these matters must be given in the affidavit mentioned in paragraph (1).
(3)  If, at the date of making the application, there is in force a voluntary arrangement under Part 14 of the Act, the particulars required under paragraph (2) must contain a statement to this effect and the name and address of the nominee acting in relation to the voluntary arrangement.
Statement of affairs
102.—(1)  A debtor’s bankruptcy application must be filed in court together with a statement of affairs in Form PIR‑11.
(2)  The statement of affairs mentioned in paragraph (1) must be verified by an affidavit in Form PIR‑12.
Procedure for filing debtor’s bankruptcy application
103.—(1)  A debtor making the debtor’s own bankruptcy application must file the application, the affidavit supporting the application and the debtor’s statement of affairs in Court together with a receipt from the Official Assignee showing payment of the deposit mentioned in regulation 8(1)(b) of the Bankruptcy Regulations.
(2)  The debtor must, within 3 days after filing the debtor’s bankruptcy application, serve a copy of the application, the affidavit supporting the application and the debtor’s statement of affairs on the Official Assignee.
(3)  The debtor must give written notice of the debtor’s bankruptcy application, together with a copy each of the affidavit supporting the application and the statement of the debtor’s affairs, to —
(a)the person proposed to be appointed as the trustee of the estate of the debtor in the event a bankruptcy order is made on the application, if that person is not the Official Assignee; and
(b)if the debtor is a bankrupt, each person (who is not the Official Assignee) appointed as the trustee of the estate of the debtor under each subsisting bankruptcy order made against the debtor.
(4)  Where a debtor’s bankruptcy application, affidavit and statement of affairs have been filed under paragraph (1), the Official Assignee may, from time to time, require the debtor 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 debtor’s bankruptcy application.
(5)  In paragraph (3)(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.
Service of debtor’s bankruptcy application on nominee supervising voluntary arrangement and partners of debtor
104.—(1)  Where a debtor’s bankruptcy application is made by the debtor at a time when a voluntary arrangement under Part 14 of the Act is in force between the debtor and the debtor’s creditors, the debtor must serve a copy each of the bankruptcy application, the affidavit supporting the application and the debtor’s statement of affairs on the nominee acting in relation to the voluntary arrangement.
(2)  Where a debtor’s bankruptcy application is made against a firm by some of the partners in the firm, a copy each of the bankruptcy application, the affidavit supporting the application and the debtor’s statement of affairs must be served on each partner who did not consent to or participate in the making of the application.
Hearing of debtor’s bankruptcy application
105.—(1)  The Court is not to hear any debtor’s bankruptcy application unless it is satisfied that a copy of the bankruptcy application, the affidavit supporting the application and the debtor’s statement of affairs have been duly served on each interested person.
(2)   The Official Assignee and any interested person may appear at the hearing of the debtor’s bankruptcy application and be heard.
[S 688/2023 wef 01/11/2023]
(3)  In this rule, “interested person” means a person on whom a debtor making a bankruptcy application is required under rule 104(1) or (2) to serve a copy each of the bankruptcy application, the affidavit supporting the application and the debtor’s statement of affairs.
Deemed discontinuance of debtor’s bankruptcy application
106.—(1)  If it appears from the records maintained by the Court that no party to a debtor’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)) from the taking of that last step or proceeding.
(2)  Paragraph (1) does not apply where the debtor’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 such extent as the Court may think fit.
(4)  Where a debtor’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.