Singapore legislation
Section 273
Section 273
Interpretation of Parts 13 to 21
(1)
In this Part and Parts 14 to 21, unless the context otherwise requires —
Definition
“administration date” means —
the date of submission by the bankrupt of the statement of the bankrupt’s affairs; or
where the bankrupt is directed by the Official Assignee under section 332(4)(c) to submit supplementary information, the date of submission of the supplementary information if later;
Definition
“bankruptcy application” means an application to the Court for a bankruptcy order;
Definition
“bankruptcy order” means an order adjudging a debtor bankrupt;
Definition
“creditor”, in relation to a debtor proposing a voluntary arrangement under Part 14, means a creditor to whom the debtor owes a debt provable in bankruptcy;
Definition
“debt provable in bankruptcy” or “provable debt” means any debt or liability that is made provable in bankruptcy under this Act;
Definition
“debtor” —
in relation to a proposal for a voluntary arrangement under Part 14, means the individual or the firm making or intending to make that proposal and includes each of the partners in such firm; and
in relation to a bankruptcy application, means the individual debtor to whom, or a firm, or each of the partners in the firm, to which, the application relates;
Definition
“debtor’s bankruptcy application” means a bankruptcy application made under section 308 by a debtor against himself, herself or itself or by all or a majority of the partners of a firm against the firm;
Definition
“estate”, in relation to a bankrupt, is to be construed in accordance with section 329;
Definition
“family”, in relation to a bankrupt, means the persons (if any) who are living with and dependent on the bankrupt;
Definition
“firm” means an unincorporated body of individuals carrying on business in partnership with a view to profit;
Definition
“gazetted” means published in the Gazette;
Definition
“goods” includes all chattels personal;
Definition
“income” includes all income, whether or not accruing in or derived from Singapore, and whether received in Singapore or elsewhere;
Definition
“judgment debt” means a debt which is payable by any person by virtue of a judgment or an order of court against the person;
Definition
“monthly contribution” means —
the amount, determined in accordance with section 339, that a bankrupt is required, under section 371, to pay to the Official Assignee on a monthly basis out of the bankrupt’s income; or
if the amount mentioned in paragraph (a) is varied by the Court under section 340(5)(a), 341(1) or 343(4)(a) or reduced by the Official Assignee under section 342(1) or 344(3), that amount as varied or reduced, as the case may be;
Definition
“nominee” means the person appointed by virtue of a debtor’s proposal for a voluntary arrangement under Part 14 to act as trustee or otherwise to supervise the implementation of the voluntary arrangement and includes —
any replacement of such person pursuant to a direction under section 280(3)(a) or an order under section 286(5); and
any person upon whom the functions of the nominee have been conferred by a creditors’ meeting pursuant to section 282(3);
Definition
“ordinary resolution” means a resolution passed by a majority in value of the creditors present personally or by proxy at a meeting of creditors and voting on the resolution;
Definition
“partnership debt” means a debt for which all the partners in a firm are jointly liable;
Definition
“preferential debt” means any debt which is to be paid in priority to all other unsecured debts and which is specified in section 352, and any reference to a preferential creditor is to be construed accordingly;
Definition
“records” includes computer records and other documentary records;
Definition
“secured creditor”, in relation to a debtor, means a person holding a mortgage, pledge, charge, lien or other security on or against the property of the debtor or any part of such property as security for a debt due to the person from the debtor;
Definition
“Sheriff” includes a bailiff and any officer charged with the execution of any writ or other process of the Court;
Definition
“special resolution” means a resolution passed by a majority in number and at least three‑fourths in value of the creditors present personally or by proxy at a meeting of creditors and voting on the resolution;
Definition
“statutory demand” means a demand in the prescribed form which requires the person to whom it is addressed to pay, secure or compound to the reasonable satisfaction of the creditor making the demand, any debt owed by the person to the creditor;
Definition
“supplementary information” means the supplementary information that a bankrupt is directed to submit under section 332(4)(c);
Definition
“target contribution” means —
an amount equal to —
in any case where the bankruptcy is a repeat bankruptcy, 76 payments of monthly contributions determined in accordance with section 339; or
in any other case, 52 payments of monthly contributions determined in accordance with section 339; or
if the amount referred to in paragraph (a) is varied by the Court under section 340(5)(a), 341(1) or 343(4)(a) or reduced by the Official Assignee under section 342(1) or 344(3), that amount as varied or reduced, as the case may be.
(2)
Any reference in this Part or Parts 14 to 21 to the person or property of a debtor or bankrupt, in relation to a debtor which is a firm or to a firm against which a bankruptcy order has been made (as the case may be) is to be read as a reference to the person or property of each partner of the firm.
(3)
In this Part or Parts 14 to 21, unless the context otherwise requires, a bankruptcy is a repeat bankruptcy if, before the making of the bankruptcy order in respect of which the bankrupt was adjudged bankrupt, the bankrupt has been previously discharged from bankruptcy under this Act or any previous written law relating to bankruptcy.