1. How do I exit Bankruptcy?
There is no automatic discharge from bankruptcyin Singapore. However, you may exit bankruptcy through one of these fourways:
Annulment by the High Court;
Discharge by the High Court;
Annulment by Certificate of the Official Assignee; or
Discharge by Certificate of the Official Assignee.
2. What is an annulment?
An annulment of a bankruptcy order has the effect of putting the debtorin the same position as if no bankruptcy order has been made against him,but it does not release the debtor from any provable debts which have notbeen filed against him when the bankruptcy was in force.
There are generally 2 ways to annul a bankruptcy order:
(a) Annulment by the court: The General Division of the High Court mayannul a bankruptcy order according to section 123 of the Bankruptcy ActCap. 20, 2009 Rev Ed (BA) or section 392 of the Insolvency, Restructuringand Dissolution Act (IRDA).
(b) Annulment by the Official Assignee: The Official Assignee may issuea certificate of annulment if it appears to the Official Assignee thatthe debts which have been proved and the expenses of the bankruptcy haveall been paid since the making of bankruptcy order. Refer to section 123Aof the BA or section 393 of the IRDA for more information.
Alternatively, the bankrupt may propose a composition in satisfactionof the debts due under bankruptcy or a scheme of arrangement under section95 of the BA or section 357 of the IRDA.
If the composition or scheme is accepted by all creditors, the OfficialAssignee may annul the bankruptcy order by issuing a certificate of annulmentunder section 95A of the BA or section 358(1)(b) of the IRDA.
If the composition or scheme is only accepted by a majority (in number)of the creditors representing at least 75% of the total debts owed, theOfficial Assignee may discharge the bankrupt by issuing a certificate ofdischarge under section 95A of the BA or section 358(1)(a) of the IRDA.
3. What is a Discharge by the High Court?
A bankrupt may apply to the High Court to grant him an Order of Discharge.The Official Assignee may also apply to the High Court for the bankrupt’sdischarge under section 124 of the Bankruptcy Act Cap. 20, 2009 Rev Edor section 394 of the Insolvency, Restructuring and Dissolution Act 2018.
The High Court will take into consideration the views of the OfficialAssignee and the bankrupt’s creditors before deciding whether to dischargehim from bankruptcy. The High Court will consider facts such as the bankrupt’sage, earning capacity and his assets before deciding whether to dischargehim. In addition, the High Court will also consider the amount of monthlyinstalment payments the bankrupt has contributed to his bankruptcy estatefor the benefit of his creditors, whether any bankruptcy offences werecommitted, and generally, whether the bankrupt has co-operated fully withthe Official Assignee in the administration of the bankruptcy estate.
4. What is a Discharge by the Certificate of the Official Assignee?
The Official Assignee may discharge the bankrupt from bankruptcy providedat least three years have lapsed since the commencement of the bankruptcyand where the proven debts do not exceed S$500,000.
In deciding whether to issue a Certificate of Discharge to the bankrupt,the Official Assignee will take into consideration factors such as:
Whether the bankrupt has met the Expected Dividend or the Target Contribution;
Whether the bankrupt has property available which remain to be realised;
The period that the bankrupt has been in bankruptcy;
The cause of bankruptcy;
The bankrupt's general conduct in bankruptcy and the level of the bankrupt’sco-operation in the administration of the bankruptcy estate;
Whether the bankrupt had committed any offence leading up to or duringbankruptcy which adversely impacted one or more creditors. These include(but are not limited to) offences under the Bankruptcy Act, the Insolvency,Restructuring and Dissolution Act and the Penal Code; and
Whether there are valid objections from the bankrupt's creditors to thebankrupt's discharge.
Any indicative timeline for a discharge is not guaranteed.The eventual duration of your bankruptcy will depend on the factors listedabove.
5. What are the processes involved for discharge from bankruptcy?
The Official Assignee will first review the bankrupt’s case to determineits suitability for a discharge from bankruptcy. Depending on the outcomeof the review, the bankrupt may have to raise additional funds with theassistance of a third party to make a debt settlement proposal to his creditors.
After that, the Official Assignee will proceed to determine the full extentof the bankrupt’s liabilities by publishing an advertisem*nt on the OfficialAssignee's intention to declare dividends to the bankrupt’s creditors.The estimated cost of the advertisem*nt is S$350 and it will be publishedin The Straits Times. Creditors will have 14 days to file their claims(or Proofs of Debt) with the Official Assignee.
Upon the expiry of the advertisem*nt, the Official Assignee will adjudicatethe claims filed against the bankrupt’s bankruptcy estate before forwardingthe debt settlement proposal to the bankrupt’s creditors for their consideration.The process generally takes at least six months, and varies according tothe complexity of each case.
6. What is adjudication and do I have a role to play in it?
Adjudication is a process where the Official Assignee examines every Proofof Debt filed against the bankruptcy estate and the basis of the claimbefore admitting or rejecting the Proof of Debt, in whole or in part.
After receiving the Proofs of Debt, you will be asked to examine theseclaims at our e-services website.
You will be asked to admit to or dispute the claims. In the event thatyou dispute the claim filed, you will be required to provide supportingdocuments to substantiate your dispute. The Official Assignee will thenascertain the extent of your liability after going through the documents.You may also be required to attend at the Official Assignee’s office toprovide more details about why you are disputing the claim or the amount.
Other information for bankrupts
