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Instructions - Bankruptcy Forms for Individuals. If you are represented by an attorney or paid someone to prepare your documents these additional forms may be required :. Home Glossary of Legal Terms Employment. Skip to main content. Barreca, Chief Judge Mark L. Hatcher, Clerk of Court. Text Size: Decrease font size Reset font size Increase font size. Search form. Lynch Judge Timothy W. Bankruptcy proceedings are commenced by way of the filing of a Bankruptcy Application to the High Court.
A debtor who is an individual may file an application to make himself a bankrupt. A statement of affairs must be filed together with the Bankruptcy Application. If a partnership firm wishes to take out a Bankruptcy Application, the application must be presented jointly by all the partners of the firm or by a majority of such partners who are residing in Singapore at the time of the making of the application.
The new provisions are applicable to all bankruptcy applications filed on or after 18 May Pursuant to Rule 2A of the Bankruptcy Amendment Rules , please note that forms for the following documents can be downloaded from the Internet website of the Ministry of Law. Under the law, a debtor is presumed to be unable to pay a debt if he does not comply with or apply to set aside a Statutory Demand. After a Statutory Demand demanding payment is served on a debtor; and the debtor:.
If a debtor wishes to set aside the Statutory Demand served on him, an Originating Summons must be filed within 14 days or if the Statutory Demand was served outside Singapore, within 21 days from the date of service of the Statutory Demand.
In the Affidavit filed in support of the Originating Summons, the debtor can:. A debtor may make voluntary arrangements to persuade his creditors to refrain from resorting to bankruptcy proceedings, and encourage settlement of debts wherever possible.
If the debtor intends to propose a voluntary arrangement to the creditor, the debtor must first file an application for an interim order to stop all further proceedings against him. The application is to be accompanied by a proposal containing information of all the assets and liabilities of the debtor and how the debtor proposes to settle the debts.
The proposal must provide for a nominee who will be appointed to supervise the implementation of the proposed voluntary arrangement.
The nominee must be a registered public accountant, an advocate and solicitor or a person gazetted by the Minister who consents to being appointed as a nominee. If the creditors approve the proposed voluntary arrangement and if the debtor fulfils his obligations under the voluntary arrangement, the debt is considered settled.
If the debtor fails to comply with the voluntary arrangement, the nominee or any of the creditors may file a Bankruptcy Application against the debtor.