Singapore legislation
Section 339
Section 339
Determination of monthly contribution and target contribution
(1)
The Official Assignee must, not later than 2 months after the administration date of a bankruptcy —
determine the bankrupt’s monthly contribution and target contribution in respect of the bankruptcy; and
serve a notice of the determination on —
the bankrupt;
every creditor who has filed a proof of debt in respect of the bankruptcy; and
in a case where the determination is made before the expiry of the period mentioned in section 347(2), every creditor who is mentioned in the statement of the bankrupt’s affairs but has not filed a proof of debt.
(2)
For the purposes of determining the monthly contribution mentioned in subsection (1)(a), the Official Assignee must take into account —
the current monthly income of the bankrupt;
the extent to which the current monthly income of the bankrupt’s spouse may contribute to the maintenance of the bankrupt’s family;
the monthly income that the bankrupt may reasonably be expected to earn over the duration of the bankruptcy, taking into account —
the previous and current monthly income of the bankrupt;
the educational and vocational qualifications, age and work experience of the bankrupt;
the range of monthly income earned by persons who are employed in occupations, positions or roles similar to that in which the bankrupt is, or can be expected to be, employed;
the effect which the bankruptcy may have on the bankrupt’s earning capacity or other income;
the prevailing economic conditions; and
the period of time during which the bankrupt is likely to be capable of earning a meaningful income; and
the reasonable expenses for the maintenance of the bankrupt and the bankrupt’s family.
(3)
Where the determination under subsection (1) is made by a trustee in bankruptcy, the trustee must also serve the notice of the determination, together with an explanation of the basis for making the determination, on the Official Assignee.