Bankruptcy Act

A debtor commits an act of bankruptcy in each of the following cases:

A bankruptcy notice under this Act shall be in the prescribed form, shall state the consequences of non-compliance therewith, and shall be served as prescribed.

In this section “debtor” shall be deemed to include any person, whether a citizen of Singapore or not —

A creditor shall not be entitled to present a bankruptcy petition against a debtor unless —

If the petitioning creditor is a secured creditor he must in his petition either state that he is willing to give up his security for the benefit of the creditors in the event of the debtor being adjudged bankrupt or give an estimate of the value of his security. In the latter case he may to the extent of the balance of the debt due to him, after deducting the value so estimated, be admitted as a petitioning creditor in the same manner as if he were an unsecured creditor.

A creditor’s petition shall be verified by affidavit of the creditor or of some person on his behalf having knowledge of the facts, and shall be served as prescribed.

At the hearing the court shall require proof of —

If the court is not satisfied with the proof of the petitioning creditor’s debt or of the act of bankruptcy or of the service of the petition, or is satisfied by the debtor that he is able to pay his debts, or that for other sufficient cause no order ought to be made, the court may dismiss the petition.

When the act of bankruptcy relied on is non-compliance with a bankruptcy notice to pay, secure or compound for a judgment debt, the court may if it thinks fit stay or dismiss the petition on the ground that an appeal is pending from the judgment.

Where the debtor appears on the petition and denies that he is indebted to the petitioner, or that he is indebted to such an amount as would justify the petitioner in presenting a petition against him, the court, on such security, if any, being given as the court may require for payment to the petitioner of any debt which may be established against the debtor in due course of law and of the costs of establishing the debt, may, instead of dismissing the petition, stay all proceedings on the petition for such time as may be required for trial of the question relating to the debt.

Where proceedings are stayed the court may, if by reason of the delay caused by the stay of proceedings or for any other cause it thinks just, make a receiving order on the petition of some other creditor, and shall thereupon dismiss, on such terms as it thinks just, the petition in which proceedings have been stayed as aforesaid.

A creditor’s petition shall not after presentation be withdrawn without the leave of the court.

A debtor’s petition shall allege that the debtor is unable to pay his debts, and the presentation thereof shall be deemed an act of bankruptcy without the previous filing by the debtor of any declaration of inability to pay his debts, and the court shall thereupon make a receiving order.

A debtor’s petition shall not after presentation be withdrawn without the leave of the court.

On the making of a receiving order the Official Assignee shall be thereby constituted receiver of the property of the debtor, and thereafter, except as directed by this Act, no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceeding in respect of such debt unless with the leave of the court and on such terms as the court may impose.

This section shall not affect the power of any secured creditor to realise or otherwise deal with his security in the same manner as he would have been entitled to realise or deal with it if this section had not been passed.

On a receiving order being made against a debtor he shall, within 24 hours after the making of the order, file an affidavit in the office of the Official Assignee, containing a true and correct statement of the names and residences of all the partners, if any, in his business and of his principal assets and liabilities. Such statement shall for the purposes of this Act be deemed to be part of the debtor’s statement of his affairs referred to in section 16.

On such order being made against a debtor the Official Assignee shall forthwith take possession of all books of account and other papers and documents in the possession, custody or control of the debtor relating to his property or affairs, and may take into his possession all or any deeds, books, documents and other property of the debtor.

On making a receiving order, the court, on application made by or on behalf of the petitioning creditor or any other person claiming to be a creditor, may detain the debtor if he is present, and if he is not present may order the debtor to be arrested and brought before the court by warrant addressed to any police officer or officer of the court, and unless the debtor, when so detained or brought before the court, gives security to the satisfaction of the court that he will not leave Singapore without the previous permission in writing of the Official Assignee or of the court, he may be committed to the civil prison and be there kept until the close of his public examination or until the court otherwise orders.

If a receiving order is made against a firm in the firm’s name no warrant to arrest any alleged partner in the firm shall issue, except upon the application of the petitioning or some other creditor and upon evidence on oath as to the persons who at the date of the receiving order are partners in the firm.

If any person arrested denies that he is a partner, the court shall order his release unless the petitioning or other creditor gives security, to the satisfaction of the court, to meet the probable damages if the person is found not to be a partner.

The cost of maintaining any debtor in prison under this section shall be prepaid by the applicant from time to time to the gaol authority, according to the cost of rations for the time being.

The court may, if it thinks it advisable for the protection of the estate, at any time after the presentation of a bankruptcy petition and before a receiving order is made, appoint the Official Assignee to be interim receiver of the property of the debtor or of any part thereof, and direct him to take immediate possession thereof or of any part thereof, including all books of account and other papers and documents belonging to the debtor and relating to his business.

The court may at any time after the presentation of a bankruptcy petition stay any action, execution or other legal process against the property or person of the debtor.

The Official Assignee may, if satisfied that the nature of the debtor’s estate or business or the interests of the creditors generally require the appointment of a special manager of the estate or business other than the Official Assignee, appoint a manager thereof accordingly to act until the first meeting of creditors, and with such powers, including any of the powers of a receiver, as are entrusted to him by the Official Assignee.

The debtor may be appointed special manager.

The special manager shall give security and account in such manner as the Official Assignee, subject to the control of the court, directs.

The special manager shall receive such remuneration as the Official Assignee, within the prescribed limits and subject to such control as aforesaid, determines.

If in any case where a receiving order has been made on a bankruptcy petition it appears to the court, upon an application by the Official Assignee or any creditor or other person interested, that a majority of the creditors in number and value are resident in Malaysia, and that from the situation of the property of the debtor or for other causes his estate and effects ought to be distributed among the creditors under the bankruptcy or insolvency laws of Malaysia, the court, after such inquiry as to it seems fit, may rescind the receiving order and stay all proceedings on or dismiss the petition upon such terms, if any, as it thinks fit.

If the debtor has been adjudged bankrupt, in any such case the court shall also annul the adjudication after rescinding the receiving order.

As soon as possible after the making of a receiving order against a debtor a general meeting of his creditors, referred to in this Act as the first meeting of creditors, shall be held for the purpose of considering whether a proposal for a composition or scheme of arrangement shall be entertained, or whether it is expedient that the debtor be adjudged bankrupt, and generally as to the mode of dealing with the debtor’s property.

With respect to the summoning of and proceedings at the first and other meetings of creditors the rules in the First Schedule shall be observed.

Where a receiving order is made against a debtor he shall make out and submit to the Official Assignee a statement of and in relation to his affairs in the prescribed form, verified by affidavit, showing the particulars of the debtor’s assets, debts and liabilities, the names, residences and occupations of his creditors, the securities held by them respectively, the dates when the securities were respectively given, the cause of his insolvency, the date when he last balanced his accounts before becoming insolvent, the amount of his capital at the date of such balance, after providing for all his liabilities and making allowances for bad and doubtful debts, and such further and other information as is prescribed or as the Official Assignee requires.

The statement shall be so submitted within the following times:

If the debtor fails without reasonable excuse, proof whereof shall lie on him, to comply with the requirements of this section he shall be guilty of a contempt of court and may be punished accordingly, and the court may on the application of the Official Assignee or of any creditor adjudge him bankrupt.

Any person stating himself, in writing, to be a creditor of the bankrupt may personally or by agent inspect this statement at all reasonable times and take any copy thereof or extract therefrom, but any person untruthfully so stating himself to be a creditor shall be guilty of a contempt of court and shall be punishable accordingly on the application of the Official Assignee.

Where the court makes a receiving order, it shall hold a public sitting on a day to be appointed by the court for the examination of the debtor, and the debtor shall attend thereat, and shall be examined as to his conduct, dealing and property.

The examination shall be held as soon as possible after the expiration of the time for the submission of the debtor’s statement of affairs and after the first meeting of creditors.

The court may adjourn the examination from time to time.

Any creditor who has tendered a proof, or his representative authorised in writing, may question the debtor concerning his affairs and the causes of his failure.

The Official Assignee shall take part in the examination of the debtor, and for the purpose thereof may, if specially authorised by the Minister, employ a solicitor, with or without counsel, but no solicitor or counsel shall be allowed to take part in the examination on behalf of the debtor.

The court may put such questions to the debtor as it thinks expedient.

The debtor shall be examined upon oath, and it shall be his duty to answer all such questions as the court puts or allows to be put to him.

Such notes of the examination as the court thinks proper shall be taken down in writing by the Registrar and shall be read over to and signed by the debtor, and may thereafter be used in evidence against him, and shall be open to the inspection of any creditor at all reasonable times.

When the court is of opinion that the affairs of the debtor have been sufficiently investigated, it shall, by order, declare that his examination is concluded, but that order shall not preclude the court from directing a further examination of the debtor as to his conduct, dealings and property whenever it sees fit to do so.

The Registrar may, under the general or special directions of the court, hold the public examination of debtors but the examination may at any time be adjourned by him to be heard before the court.

The creditors may, by special resolution at the first meeting or any adjournment thereof, resolve to entertain a proposal for a composition in satisfaction of the debts due to them from the debtor, or a proposal for a scheme of arrangement of the debtor’s affairs.

The composition or scheme shall not be binding on the creditors unless it is confirmed at a subsequent meeting of the creditors by a resolution passed by a majority in number, representing three-fourths in value of all the creditors who have proved, and is approved by the court.

Any creditor who has proved his debt may assent to or dissent from the composition or scheme by a letter addressed to the Official Assignee in the prescribed form, and attested by a witness, and sent or posted so as to be received by the Official Assignee not later than the day preceding such subsequent meeting, and a creditor so assenting or dissenting shall be taken as being present and voting at that meeting.

The subsequent meeting shall be summoned by the Official Assignee by not less than 7 days’ notice, and shall not be held until after the public examination of the debtor is concluded.

The notice shall state generally the terms of the proposal and shall be accompanied by a report of the Official Assignee thereon.

The debtor or the Official Assignee may, after the composition or scheme is accepted by the creditors, apply to the court to approve it, and notice of the time appointed for hearing the application shall be given as prescribed.

The application referred to in subsection (6) shall be made and heard in open court.

The court before approving a composition or scheme, shall hear a report of the Official Assignee as to the terms of the composition or scheme and as to the conduct of the debtor, and shall hear any objections which may be made by or on behalf of any creditor.

If the court is of opinion that the terms of the composition or scheme are not reasonable or are not calculated to benefit the general body of creditors, and in any case in which the court is required under this Act to refuse a bankrupt his discharge, the court shall, or if any such facts are proved as would under this Act justify the court in refusing, qualifying or suspending the discharge, the court may, in its discretion, refuse to approve the composition or scheme.

If the court approves the composition or scheme the approval may be testified by the seal of the court being attached to the instrument containing the terms of the composition or scheme, or by the terms being embodied in an order of the court.

A composition or scheme accepted and approved in pursuance of this section shall be binding on all the creditors so far as relates to any debts due to them from the debtor and provable in bankruptcy.

A certificate of the Official Assignee that a composition or scheme has been duly accepted and approved shall, in the absence of fraud, be conclusive as to its validity.

The provisions of a composition or scheme under this section may be enforced by the court on application by any person interested, and any disobedience of an order of the court made on the application shall be deemed a contempt of court.

If default is made in payment of any instalment due in pursuance of the composition or scheme, or if it appears to the court on satisfactory evidence that the composition or scheme cannot, in consequence of legal difficulties or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the debtor, or that the approval of the court was obtained by fraud, the court may, if it thinks fit, on application by any creditor, adjudge the debtor bankrupt and annul the composition or scheme, but without prejudice to the validity of any sale, disposition or payment duly made or thing duly done under or in pursuance of the composition or scheme.

Where a debtor is adjudged bankrupt under subsection (14), any debt provable in other respects, which has been contracted before the date of the adjudication, shall be provable in the bankruptcy.

If under or in pursuance of a composition or scheme a trustee or assignee is appointed to administer the debtor’s property or manage his business or distribute a composition, sections 74, 78, 79, 80, 81, 82, 84, 85, 86 and 87 shall apply mutatis mutandis to such trustee or assignee as if he were an assignee in a bankruptcy, and as if “bankruptcy,” “bankrupt” and “order of adjudication” included respectively a composition or scheme of arrangement, a compounding or arranging debtor and an order approving the composition or scheme.

Part III shall, so far as the nature of the case and the terms of the composition or scheme admit, apply thereto, the same interpretation being given to “assignee,” “bankruptcy,” “bankrupt” and “order of adjudication” as in subsection (16).

No composition or scheme shall be approved by the court which does not provide for the payment in priority to other debts of all debts directed to be so paid in the distribution of the property of a bankrupt.

The acceptance by a creditor of a composition or scheme shall not release any person who under this Act would not be released by an order of discharge if the debtor had been adjudged bankrupt.

Every person who signs or on whose behalf is signed a deed of arrangement to which section 20 applies, who within two months before or at any period after signing the same, receives any secret or collusive preference, gratuity, security, payment or other consideration, all hereinafter included in the word “gratuity”, for concurring in or signing the deed of arrangement shall be guilty of an offence punishable as hereinafter mentioned.

Every gratuity for concurring in or signing, or having concurred in or signed a deed of arrangement, shall be deemed to be secret and collusive if the same or any promise for the same is not disclosed on the face of the deed of arrangement or in a memorandum annexed to the deed at the time when the person who has received or is to receive such gratuity signs the deed of arrangement, which memorandum shall also be signed in acknowledgment of having seen the same by all the parties to the deed of arrangement before the registration thereof. A gratuity shall not be deemed to be secret or collusive if it is disclosed as before mentioned.

Every person committing an offence under this section shall be liable to a fine not exceeding 5 times the amount or value of the gratuity received by or promised to him, and the court before which the person is tried may award a part of the fine, not exceeding one-half thereof, to the informer through whom the conviction has been obtained, provided that the informer is not the debtor.

The Minister may make rules for the registration of deeds of arrangement under this Act.

Rules made under subsection (1) shall provide for —

All rules made under this section shall be presented to Parliament at its next sitting and shall then be published in the Gazette, and shall have the same force and effect as if enacted in this Act.

Such rules shall not come into operation until a date to be fixed by the Minister for that purpose, which date shall be subsequent to the sitting of Parliament next ensuing that at which such rules are so presented.

Any rule which is disapproved by a resolution of Parliament shall not come into operation, or if it has come into operation shall cease to have operation.

At the time of making a receiving order the court shall adjudge the debtor bankrupt unless the debtor can show to the satisfaction of the court that he is in a position to offer a composition or make a scheme of arrangement satisfactory to his creditors; provided that when a receiving order is made against a firm in the firm’s name the court shall not adjudge any person bankrupt as a member of the firm unless that person is proved to the satisfaction of the court to be a partner by his own admission or by evidence on oath.

The court may at any time, on the application of the debtor himself, by petition in writing, unstamped, to be forthwith filed, adjudge him bankrupt and at the same time make a receiving order against him, and the application may be made without notice.

Where a receiving order is made against a debtor, if the creditors at the first meeting or any adjournment thereof resolve by ordinary resolution that the debtor be adjudged bankrupt or pass no resolution, or if the creditors do not meet, or if a composition or scheme is not accepted or approved in pursuance of this Act within 14 days after the conclusion of the examination of the debtor or such further time as the court allows, the court shall adjudge the debtor bankrupt.

When a debtor is adjudged bankrupt his property shall become divisible among his creditors and shall vest in the Official Assignee.

Notice of every order adjudging a debtor bankrupt, stating the name, address and description of the bankrupt and the date of the adjudication, shall be gazetted and advertised in a local paper as prescribed, and the date of the order shall for the purposes of this Act be the date of the adjudication.

The creditors qualified to vote may, at their first meeting or any adjournment thereof, appoint by resolution from among the creditors qualified to vote, or the holders of general proxies or general powers of attorney from such creditors, a committee of one or more persons, not exceeding 3, for the purpose of advising the Official Assignee on matters relating to the administration of the property of the bankrupt.

The Official Assignee may convene the committee at such times as he thinks necessary, and the Official Assignee shall convene the committee whenever requested in writing to do so by all or a majority of the members of the committee.

Any member of the committee may resign his office by notice in writing, signed by him and delivered to the Official Assignee.

If a member of the committee becomes bankrupt, or compounds or arranges with his creditors, or is absent for more than two months from Singapore his office shall thereupon become vacant.

Any member of the committee may be removed by an ordinary resolution at any meeting of creditors, of which 7 days’ notice has been given stating the object of the meeting.

On a vacancy occurring in the office of a member of the committee the Official Assignee shall forthwith summon a meeting of creditors for the purpose of filling the vacancy, and the meeting may by resolution appoint another creditor or other person eligible as above to fill the vacancy.

Where a debtor is adjudged bankrupt, the creditors may, if they think fit, at any time after the adjudication, by special resolution, resolve to entertain a proposal for a composition in satisfaction of the debts due to them under the bankruptcy, or for a scheme of arrangement of the bankrupt’s affairs, and thereupon the same proceedings shall be taken and the same consequences shall ensue as in the case of a composition or scheme entertained at the first meeting of creditors.

If the court approves the composition or scheme, it may make an order annulling the bankruptcy and vesting the property of the bankrupt in him or in such other person as the court appoints, on such terms and subject to such conditions, if any, as the court declares.

If default is made in payment of any instalment due in pursuance of the composition or scheme, or if it appears to the court that the composition or scheme cannot proceed without injustice or undue delay, or that the approval of the court was obtained by fraud, the court may, if it thinks fit, on application by any person interested, adjudge the debtor bankrupt and annul the composition or scheme, but without prejudice to the validity of any sale, disposition or payment duly made or thing duly done under or in pursuance of the composition or scheme.

Where a debtor is adjudged bankrupt under subsection (3) all debts provable in other respects, which have been contracted before the date of the adjudication, shall be provable in the bankruptcy.

Every debtor against whom a receiving order is made shall, unless prevented by sickness or other sufficient cause, attend the first meeting of his creditors and any subsequent meeting of his creditors which the Official Assignee requires him to attend, and shall submit to such examination and give such information as the meeting requires.

He shall give such inventory of his property, such list of his creditors and debtors and of the debts due to and from them respectively, submit to such examination in respect of his property or his creditors, wait at such times and places on the Official Assignee, execute such powers of attorney, conveyances, deeds and instruments, and generally do all such acts and things in relation to his property and the distribution of the proceeds amongst his creditors as are reasonably required by the Official Assignee, or are prescribed or directed by the court by any special order or orders made in reference to any particular case or made on the occasion of any special application by the Official Assignee or any creditor or person interested.

He shall, if adjudged bankrupt, aid to the utmost of his power in the realisation of his property, and the distribution of the proceeds among his creditors, and amongst other things shall, if required by the Official Assignee to do so, answer all such questions and shall submit to such medical examination and do all such other things as are necessary for the purpose of effecting an insurance on his life.

If a debtor wilfully fails to perform the duties imposed on him by this section or to deliver up possession of any part of his property which is divisible amongst his creditors under this Act, and which is for the time being in his possession or under his control, to the Official Assignee or to any person authorised by the court to take possession of it, he shall, in addition to any other punishment to which he may be subject, be guilty of a contempt of court and may be punished accordingly.

The court may, by warrant addressed to any police officer or officer of the court, cause a debtor to be arrested, and any books, papers, money and goods in his possession to be seized, and him and them to be safely kept as prescribed until such time as the court orders if —

No arrest upon a bankruptcy notice shall be valid and protected unless the debtor before or at the time of his arrest is served with that bankruptcy notice.

No payment or composition made or security given after arrest made under this section shall be exempt from the provisions of this Act relating to fraudulent preferences.

When a debtor is arrested under section 28 he may be released by order of the court, either with or without giving security to the satisfaction of the court that he will not leave Singapore without the previous permission in writing of the Official Assignee or of the court, or that he will not remove any of his goods or conceal or destroy any of his goods or any books, documents or writings which might be of use to his creditors in the course of his bankruptcy.

The proceeds of the realisation of any security given under this section or under section 9 on breach by the debtor of any of the conditions of the security shall be deemed to be the property of the debtor, and when he is adjudged bankrupt shall vest in the Official Assignee.

The court may, on the application of the Official Assignee or of any creditor who has proved his debt at any time after a receiving order has been made against a debtor, summon before it the debtor, or his wife, or any person known or suspected to have in his possession any of the estate or effects belonging to the debtor, or supposed to be indebted to the debtor, or any person whom the court deems capable of giving information respecting the debtor, his dealings or property, and the court may require any such person to produce any documents in his custody or power relating to the debtor, his dealings or property.

If any person so summoned, after having been tendered a reasonable sum, refuses to come before the court at the time appointed, or refuses to produce any such document, having no lawful impediment made known to the court at the time of its sitting and allowed by it, the court may by warrant cause him to be apprehended and brought up for examination.

The court may examine on oath, either by word of mouth or by written interrogatories, any person so brought before it concerning the debtor, his dealings or property.

If on the examination of any such person it appears to the court that he is indebted to the debtor, the court may, on the application of the Official Assignee, order him to pay to the Official Assignee, at such time and in such manner as to the court seems expedient, the amount in which he is indebted or any part thereof, either in full discharge of the whole amount in question or not as the court thinks fit, with or without costs of the examination.

If on the examination of any such person it appears to the court that he has in his possession any property belonging to the debtor the court may, on the application of the Official Assignee, order him to deliver to the Official Assignee such property or any part thereof at such time and in such manner and on such terms as the court thinks just.

The powers given to the court under this section may in all cases be exercised by the Registrar and any order made or act done by the Registrar shall be deemed the order or act of the court, but the examination may at any time be adjourned by him to be heard before the court.

The Official Assignee shall, as soon as possible after a receiving order has been made against a debtor, prepare and file in court a list of persons supposed to be indebted to the debtor, with the amounts in which they are supposed to be so indebted set opposite to their names respectively.

Before finally settling the name and amount of the debt of any person on such list the Official Assignee shall give notice in writing to that person, stating that he has placed such person upon the list of debtors to the estate in the amount in the notice specified, and that unless that person on or before a day in such notice specified gives to the Registrar notice in writing of his intention to dispute his indebtedness, he will be deemed to admit that the amount set opposite his name in the list is due and owing by him to the debtor and will be settled on the list accordingly.

A person included in the list who does not give notice of his intention to dispute his indebtedness within the time limited in that behalf shall be settled upon that list, and execution may issue against him for the amount set opposite his name in the list in the same way as if judgment had been entered up against him for such amount in favour of the Official Assignee.

A certificate by the Registrar that the person named therein has been settled upon such list as a debtor to the estate in the amount in the certificate specified shall be received as proof of the facts therein stated.

A person settled upon such list in the manner aforesaid may apply to the court in a summary way for leave to dispute his indebtedness or the amount thereof, and the court may if it thinks fit make such order for determining the question as may seem expedient upon the terms of the persons giving security for costs and either paying into court or giving security for the whole or such part of the alleged debt as under the circumstances may seem reasonable, and may stay all further proceedings.

A bankrupt may at any time after being adjudged bankrupt apply to the court for an order of discharge, and the court shall appoint a day for hearing the application, but subject to subsection (2) the application shall not be heard until the public examination of the bankrupt is concluded; such application shall be made and heard in open court.

Where the debtor is resident out of Singapore and is unable for want of means or for any other reason which the court considers sufficient to return to Singapore, or where the debtor is a lunatic or suffers from any such mental or physical affliction or disability as in the opinion of the court makes him unfit to attend his public examination, the court may make an order dispensing with such examination or directing that the debtor be examined on such terms, in such manner and at such place as the court considers expedient.

On the hearing of the application the court shall take into consideration a report of the Official Assignee as to the bankrupt’s conduct and affairs, including a report as to the bankrupt’s conduct during the proceedings under his bankruptcy, and may either grant or refuse an absolute order of discharge, or suspend the operation of the order for a specified time, or grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt, or with respect to his after-acquired property.

In all cases where it is proved to the satisfaction of the court that the bankrupt has committed any offence under this Act or under sections 421, 422, 423 and 424 of the Penal Code [Cap. 224], the court shall either refuse the discharge or suspend the operation of the order until a dividend of not less than 50% has been paid to the creditors, and on proof of any of the facts mentioned in subsection (6) the court shall either —

If at any time after the expiration of two years from the date of any order made under this section the bankrupt satisfies the court that there is no reasonable probability of his being in a position to comply with the terms of that order, the court may modify the terms of the order or any subsequent order in such manner and upon such conditions as it thinks fit.

The facts hereinbefore referred to are —

For the purposes of this section, the report of the Official Assignee shall be prima facie evidence of the statements therein contained.

Notice of the appointment by the court of the day for hearing the application for discharge shall be published as prescribed and sent 14 days at least before the day so appointed to each creditor who has proved, and the court shall hear the Official Assignee, and may also hear any creditor. At the hearing the court may put such questions to the debtor and receive such evidence as it thinks fit.

The court may, as one of the conditions referred to in this section, require the bankrupt to consent to judgment being entered against him by the Official Assignee for any balance, or part of the balance, of the debts provable under the bankruptcy which is not satisfied at the date of his discharge; but in such case execution shall not be issued on the judgment without leave of the court, which leave may be given on proof that the bankrupt has since his discharge acquired property or income available for payment of his debts.

A discharged bankrupt shall, notwithstanding his discharge, give such assistance as the Official Assignee requires in the realisation and distribution of such of his property as is vested in the Official Assignee, and if he fails to do so he shall be guilty of a contempt of court; and the court may also, if it thinks fit, revoke his discharge, but without prejudice to the validity of any sale, disposition or payment duly made, or thing duly done subsequent to the discharge, but before its revocation.

For the purposes of this section, the following presumptions shall be made:

An order of discharge shall not release the bankrupt from any debt due to the Government, or from any debt with which the bankrupt may be chargeable at the suit of the Government, or of any person for any offence against an Act relating to any branch of the public revenue, or at the suit of the Sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence.

A bankrupt may be discharged from such excepted debts by a certificate in writing of the Minister.

An order of discharge shall not release the bankrupt from any debt or liability incurred by means of fraud or fraudulent breach of trust to which he was a party, or from any debt or liability whereof he has obtained forbearance by any fraud to which he was a party.

An order of discharge shall not release any person who at the date of the receiving order was a partner or co-trustee with the bankrupt, or was jointly bound, or had made any joint contract with him or any person who was surety or in the nature of a surety for him.

An order of discharge shall release the bankrupt from all other debts provable in bankruptcy.

An order of discharge shall be conclusive evidence of the bankruptcy and of the validity of the proceedings therein, and in any proceedings that are instituted against a bankrupt who has obtained an order of discharge in respect of any debt from which he is released by the order the bankrupt may plead that the cause of action occurred before his discharge.

The Registrar shall have the powers and jurisdiction in this section mentioned, and any order made or act done by him in the exercise of the said powers and jurisdiction shall, subject to an appeal to the court, be deemed the order or act of the court.

Subject to general rules limiting the powers conferred by this section, the Registrar may hear and determine any unopposed or ex parte application which is not required to be made in open court.

Subject to this Act, the court, under its jurisdiction in bankruptcy, shall have full power to decide all questions of priorities and all other questions whatsoever, whether of law or fact, which may arise in any case of bankruptcy coming within the cognizance of the court, or which the court deems it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.

Where default is made by a debtor or other person in obeying any order or direction given by the court, or given by the Official Assignee, or any other officer of the court, under any power conferred by this Act, the court may, on the application of the Official Assignee or other duly authorised person, or of its own motion, order such defaulting debtor or person to comply with the order or direction so given, and may also, if it thinks fit, make an immediate order for the committal of such defaulting debtor or other person.

The power given by subsection (2) shall be deemed to be in addition to and not in substitution for any other right or remedy in respect of such default.

The court may review, rescind or vary any order made by it under its bankruptcy jurisdiction.

Orders in bankruptcy matters shall, at the instance of any person aggrieved, be subject to appeal in the same way as orders of the High Court in other matters are for the time being appealable.

For the purposes of this section the Official Assignee shall be deemed to be aggrieved by the refusal of any application made by him to the court.

Subject to this Act and to general rules, the costs of and incidental to any proceeding in court shall be in the discretion of the court.

The court may at any time adjourn any proceedings before it upon such terms, if any, as it thinks fit to impose.

The court may at any time amend any written process or proceeding upon such terms, if any, as it thinks fit to impose.

Where by this Act or by general rules the time for doing any act or thing is limited, the court may extend the time, either before or after the expiration thereof, upon such terms, if any, as the court thinks fit.

Subject to general rules, the court may in any matter take the whole or any part of the evidence either viva voce or by interrogatories or upon affidavit or by commission abroad.

For the purpose of approving a composition or scheme by joint debtors the court may if it thinks fit, and on the report of the Official Assignee that it is expedient to do so, dispense with the public examination of one of such joint debtors if he is unavoidably prevented from attending the examination by illness or absence abroad.

Where a member of a partnership is adjudged bankrupt, the court may authorise the Official Assignee to commence and prosecute any action or other legal proceeding in the names of the Official Assignee and of the bankrupt’s partner.

Any release by such partner of the debt or demand to which the action or proceeding relates shall be void; but notice of the application for authority to commence the action or proceeding shall be given to him and he may show cause against it, and on his application the court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action or proceeding, and if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof as the court directs.

Any two or more persons being partners or any person carrying on business under a partnership name may take proceedings or be proceeded against under this Act in the name of the firm.

In such case the court may, on application by any person interested, order the names of the persons who are partners in that firm or the name of that person to be disclosed in such manner and verified on oath or otherwise as the court directs.

The High Court and the officers thereof shall in all matters of bankruptcy and insolvency act in aid of and be auxiliary to the courts of Malaysia having jurisdiction in bankruptcy and insolvency so long as the law of Malaysia requires its courts to act in aid of and be auxiliary to the courts of Singapore.

An order of any such court of Malaysia, seeking aid with a request to the High Court, shall be deemed sufficient to enable the High Court to exercise in respect of the matters directed by the order such jurisdiction as either the court which made the request or the High Court could exercise in respect of similar matters within their several jurisdictions.

The Minister may, by notification in the Gazette, declare that the Government of Singapore has entered into an agreement with the government of Malaysia for the recognition by each Government of the Official Assignees in bankruptcy appointed by the other Government.

From the date of that notification where any person has been adjudged a bankrupt by a court of Malaysia, such property of the bankrupt situate in Singapore as would, if he had been adjudged bankrupt in Singapore, vest in the Official Assignee of Singapore, shall vest in the Official Assignee appointed by the government of Malaysia, and all courts in Singapore shall recognise the title of such Official Assignee to such property:Provided that this subsection shall not apply where a bankruptcy petition has been presented against the bankrupt in Singapore, until the petition has been dismissed or withdrawn or the receiving order has been rescinded or the adjudicating order has been annulled as the case may be.

The production of an order of adjudication purporting to be certified, under the seal of the court in Malaysia making the order, by the registrar of that court, or of a copy of the official Gazette of Malaysia containing a notice of an order adjudging that person a bankrupt shall be conclusive proof in all courts in Singapore of the order having been duly made and of its date.

The Official Assignee of Malaysia may sue and be sued in any court in Singapore by the official name of “the Official Assignee of the Property of (name of bankrupt), a Bankrupt under the Law of Malaysia”.

Where in the opinion of the court a debtor ought not to have been adjudged bankrupt, or where it is proved to the satisfaction of the court that the debts of the bankrupt are paid in full, or where it appears to the court that proceedings are pending in Malaysia for the distribution of the bankrupt’s estate and effects among his creditors under the bankruptcy or insolvency law of Malaysia and that the distribution ought to take place in Malaysia, the court may annul the adjudication.

Where an adjudication is annulled under this section, all sales and dispositions of property, and payments duly made, and all acts theretofore done by the Official Assignee, or other person acting under his authority, or by the court, shall be valid, but the property of the debtor who was adjudged bankrupt shall vest in such person as the court appoints, or in default of any such appointment revert to the debtor for all his estate or interest therein on such terms and subject to such conditions, if any, as the court declares by order.

Notice of the order annulling an adjudication shall be forthwith gazetted and published in at least one local paper.

For the purposes of this section any debt disputed by a debtor shall be considered as paid in full if the debtor enters into a bond, in such sum and with such sureties as the court approves, to pay the amount to be recovered in any proceeding for the recovery of or concerning the debt with costs, and any debt due to a creditor who cannot be found or cannot be identified shall be considered as paid in full if paid into court.

When the court annuls the adjudication under this section it shall also rescind the receiving order.

“available act of bankruptcy” means any act of bankruptcy available for a bankruptcy petition at the date of the presentation of the petition on which the receiving order is made;

“bankruptcy petition” includes a petition for a receiving order;

“consultative committee” means a committee appointed under section 25;

“court” means the court having jurisdiction in bankruptcy under this Act;

“debt provable in bankruptcy” or “provable debt” includes any debt or liability by this Act made provable in bankruptcy;

“deed of arrangement” includes any of the following instruments, whether under seal or not, made by, for, or in respect of the affairs of a debtor for the benefit of his creditors generally:

“gazetted” means published in the Gazette;

“general rules” includes forms;

“goods” includes all chattels personal;

“liability” includes any compensation for work or labour done, any obligation or possibility of an obligation to pay money or money’s worth on the breach of any express or implied covenant, contract, agreement or undertaking, whether the breach does or does not occur or is or is not likely to occur or capable of occurring before the discharge of the debtor, and generally it includes any express or implied engagement, agreement or undertaking to pay, or capable of resulting in the payment of money or money’s worth, whether the payment is as respects amount fixed or unliquidated or as respects time, present or future, certain or dependent on any one contingency or on two or more contingencies, or as to mode of valuation capable of being ascertained by fixed rules or as matter of opinion;

“ordinary resolution” means a resolution decided by a majority in value of the creditors present personally or by proxy at a meeting of creditors and voting on the resolution;

“property” includes money, goods, things in action, land and every description of property, whether real or personal and whether situate in Singapore or elsewhere; also obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined;

“Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar;

“resolution” means ordinary resolution;

“secured creditor” means a person holding a mortgage, charge or lien on the property of the debtor or any part thereof as a security for a debt due to him from the debtor;

“Sheriff” includes any officer charged with the execution of a writ or other process of the High Court;

“special resolution” means a resolution decided by a majority in number and three-fourths in value of the creditors present personally or by proxy at a meeting of creditors and voting on the resolution.

Where a debtor is adjudged bankrupt he shall, subject to this Act, be disqualified for —

The disqualifications to which a bankrupt is subject under this section shall be removed and cease if and when —