Singapore legislation

Section 76

of Bankruptcy Act

Section 76

Effect of bankruptcy order

Amended by6/2009

(1)

On the making of a bankruptcy order —

(a)

the property of the bankrupt shall —

(i)

vest in the Official Assignee without any further conveyance, assignment or transfer; and

(ii)

become divisible among his creditors;

(b)

the Official Assignee shall be constituted receiver of the bankrupt’s property; and

(c)

unless otherwise provided by this Act —

(i)

no creditor to whom the bankrupt is indebted in respect of any debt provable in bankruptcy shall have any remedy against the person or property of the bankrupt in respect of that debt; and

(ii)

no action or proceedings shall be proceeded with or commenced against the bankrupt in respect of that debt,except by leave of the court and in accordance with such terms as the court may impose.

Amended by6/2009

(2)

Where a bankruptcy order is made against a firm, the order shall operate as if it were a bankruptcy order made against each of the persons who, at the time of the order, is a partner in the firm.

(3)

This section shall not affect the right 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 enacted.

(4)

Notwithstanding subsection (3) and section 94, no secured creditor shall be entitled to any interest in respect of his debt after the making of a bankruptcy order if he does not realise his security within 6 months from the date of the bankruptcy order or such further period as the Official Assignee may determine.

Section 76 — Bankruptcy Act | laws.sg