Singapore legislation

Section 57

of Bankruptcy Act

Section 57

Persons who may make creditor’s bankruptcy application

Amended by42/200542/200542/200542/2005

(1)

Subject to this Part, a creditor’s bankruptcy application may be made —

(a)

against an individual by —

(i)

one of the individual’s creditors or jointly by more than one of them; or

(ii)

the nominee supervising the implementation of, or any person (other than the individual) who is for the time being bound by, a voluntary arrangement proposed by the individual and approved under Part V; or

(b)

against a firm by —

(i)

one of the firm’s creditors or jointly by more than one of them, if such creditor or creditors are entitled under paragraph (a)(i) to make a creditor’s bankruptcy application against any one of the partners in the firm in respect of a partnership debt; or

(ii)

the nominee supervising the implementation of, or any person (other than the partners in the firm) who is for the time being bound by, a voluntary arrangement proposed by the firm and approved under Part V.

Amended by42/2005

(2)

A creditor who is entitled to make a bankruptcy application against a firm under subsection (1)(b) may make a bankruptcy application against any of the partners in the firm without including the others.

Amended by42/2005

(3)

Every creditor’s bankruptcy application shall be in the prescribed form and shall be supported by an affidavit of the creditor or of some person on his behalf having knowledge of the facts.

Amended by42/2005

(4)

Every creditor’s bankruptcy application shall be served in the manner prescribed.

Amended by42/2005