13.—(1) Where the Official Assignee has assessed that the aggregate amount of a debtor’s debts as stated in the debtor’s statement of affairs does not exceed the amount mentioned in regulation 4(1), the Official Assignee must, within 14 days after receiving from the debtor all the duly completed documents mentioned in regulation 8 and section 290 of the Act, send a notice to convene a meeting of creditors to all the creditors named in the debtor’s statement of affairs.
(2) The Official Assignee must convene the meeting of creditors within 21 days after the date of the notice.
Attendance of debtor
14.—(1) A debtor must be present at every meeting of the debtor’s creditors convened by the Official Assignee unless the debtor has obtained the prior permission of the Official Assignee to be absent from the meeting.
(2) If the debtor fails to attend any meeting of creditors convened by the Official Assignee under section 291(2) of the Act without having obtained the prior permission of the Official Assignee to be absent from the meeting, the Official Assignee may, if the Official Assignee thinks fit after having given the debtor a reasonable opportunity to show cause for the debtor’s absence, report to the Court under section 289(2)(e) of the Act the debtor’s unsuitability for the debt repayment scheme.
(3) If the debtor fails to attend any meeting of creditors convened by the Official Assignee under section 295(2) of the Act without having obtained the prior permission of the Official Assignee to be absent from the meeting, the Official Assignee may, if the Official Assignee thinks fit after having given the debtor a reasonable opportunity to show cause for the debtor’s absence, issue a certificate of failure in respect of the debtor.
Attendance by creditor
15.—(1) Any creditor named in a debtor’s statement of affairs may attend a meeting of the debtor’s creditors.
(2) The Official Assignee may dispense with the personal attendance of any creditor mentioned in paragraph (1) and permit the creditor to submit, either in writing or in any other form specified by the Official Assignee, any questions that the creditor may have for the debtor in respect of the contents of the debtor’s statement of affairs, statement of income and expenditure or debt repayment plan.
(3) The creditor mentioned in paragraph (2) must submit the creditor’s questions to the Official Assignee no later than 7 days before the date of the meeting of creditors.
(4) Regulation 16(3) applies to any question submitted by a creditor under paragraph (2), and that question and the answer of the debtor to that question form part of the record of proceedings of meetings for the purposes of these Regulations.
Proceedings at meetings
16.—(1) At any meeting of a debtor’s creditors, any creditor may ask the debtor questions only in respect of —
(a)
in the case of a meeting convened by the Official Assignee under section 291(2) of the Act — the contents of the debtor’s statement of affairs, statement of income and expenditure and debt repayment plan; or
(b)
in the case of a meeting convened by the Official Assignee under section 295(2) of the Act — any proposed modification to a debt repayment plan that has already been approved by the Official Assignee under section 291 of the Act.
(2) The debtor must answer every question that is —
(a)
put to the debtor by a creditor present at the meeting of creditors; or
(b)
received by the Official Assignee from a creditor pursuant to regulation 15(2) that is in respect of any matter mentioned in paragraph (1)(a) or (b), whichever is applicable.
(3) The Official Assignee may disallow any question from being asked at a meeting of creditors if the Official Assignee finds that —
(a)
the question is not in respect of any matter mentioned in paragraph (1)(a) or (b), whichever is applicable; or
(b)
the question is irrelevant, scandalous, frivolous or vexatious.
Filing of proofs of debt at or before meeting
17.—(1) The Official Assignee may, upon payment of the appropriate fee, allow a creditor who is not named in the debtor’s statement of affairs to file a proof of the creditor’s debt against the debtor at or before a meeting of creditors convened under section 291(2) of the Act.
(2) A creditor filing a proof of the creditor’s debt under paragraph (1) before the meeting mentioned in that paragraph must comply with regulation 10(3), (4) and (5), and for this purpose, regulation 10(3), (4) and (5) applies as if —
(a)
a reference to a creditor in regulation 10(3), (4) or (5) is a reference to a creditor filing a proof of that creditor’s debt under paragraph (1) before the meeting mentioned in that paragraph; and
(b)
a reference to a proof of debt in regulation 10(3), (4) or (5) is a reference to a proof of debt filed under paragraph (1) before the meeting mentioned in that paragraph.
(3) A creditor must bear the cost of proving the creditor’s debt.
(4) Before the Official Assignee admits or rejects in whole or in part a proof of debt filed under paragraph (1), the Official Assignee must examine the proof and the grounds of the debt, and may require further evidence in support of the proof of debt from the creditor who filed the proof of debt.
(5) At or after the conclusion of the meeting of creditors, the Official Assignee may admit or reject in whole or in part the proof of debt filed under paragraph (1).
(6) Where the Official Assignee admits or rejects in whole or in part a proof of debt filed under paragraph (1), the Official Assignee must inform the debtor and the creditor who filed the proof of debt of the Official Assignee’s decision in writing within 7 days after the date of the decision.
Division 2 — Approval and modification of debt repayment plan, etc.
Approval of debt repayment plan
18.—(1) Where the Official Assignee does not make the decision whether to modify a debt repayment plan at a meeting of creditors convened under section 295(2) of the Act, the Official Assignee must make the decision whether to approve or modify the debt repayment plan within 14 days after the conclusion of that meeting.
(2) The Official Assignee must, within 7 days after the decision mentioned in paragraph (1) is made, notify in writing the debtor and all the creditors concerned of the decision.
Filing of proofs of debt after approval of debt repayment plan
19.—(1) The Official Assignee may, after the approval of a debt repayment plan but before the effective date of the plan, accept any additional proof of debt filed by a creditor concerned against the debtor in question.
(2) A creditor filing any additional proof of the creditor’s debt under paragraph (1) must comply with regulation 10(3), (4) and (5), and for this purpose, regulation 10(3), (4) and (5) applies as if —
(a)
a reference to a creditor in regulation 10(3), (4) or (5) is a reference to a creditor filing an additional proof of debt under paragraph (1); and
(b)
a reference to a proof of debt in regulation 10(3), (4) or (5) is a reference to an additional proof of debt filed under paragraph (1).
(3) A creditor must bear the cost of proving the creditor’s debt.
(4) Before the Official Assignee admits or rejects in whole or in part an additional proof of debt filed under paragraph (1), the Official Assignee must examine the proof and the grounds of the debt, and may require further evidence in support of the proof of debt from the creditor concerned.
(5) Where the Official Assignee admits or rejects in whole or in part an additional proof of debt filed under paragraph (1), the Official Assignee must inform the debtor and the creditor concerned of the Official Assignee’s decision in writing within 7 days after the date of the decision.
Modification of debt repayment plan before effective date
20.—(1) Where the Official Assignee admits an additional proof of debt against a debtor under regulation 19(1), the Official Assignee may make the necessary modifications to the debtor’s debt repayment plan pursuant to section 291(3) of the Act.
(2) The Official Assignee must, within 7 days after the date of the Official Assignee’s decision to modify a debt repayment plan, inform the debtor and the creditors concerned of the decision in writing and the effective date of the debt repayment plan so modified.