Singapore legislation
Section 341
Section 341
Power of Court to vary monthly contribution and target contribution
(1)
Where the Court is satisfied, on the application of the Official Assignee or the trustee in bankruptcy, a bankrupt or any creditor of the bankrupt, that any of the conditions described in subsection (2) apply, the Court may make such order as it thinks fit to vary the bankrupt’s monthly contribution and target contribution.
(2)
The conditions mentioned in subsection (1) are as follows:
before the determination of the monthly contribution and target contribution under section 339 was made, the bankrupt concealed from, or failed to disclose to, the Official Assignee or trustee in bankruptcy (as the case may be) information which the bankrupt knows or ought reasonably to know would have a material impact on the determination;
information which would have a material impact on the determination of the bankrupt’s monthly contribution and target contribution under section 339 —
was not available to the bankrupt before the making of that determination; and
is now available;
it is otherwise just and equitable to vary the monthly contribution and target contribution determined under section 339.
(3)
An application under subsection (1) must be served, within 3 days after the date of filing, on —
the Official Assignee, or the trustee in bankruptcy, whose determination under section 339 is the subject of the application, unless the application was made by the Official Assignee or the trustee, as the case may be; and
the bankrupt, unless the application was made by the bankrupt.
(4)
Upon —
the filing of an application under subsection (1) by the Official Assignee or trustee in bankruptcy; or
being served with an application under subsection (3)(a), where the application is not filed by the Official Assignee or trustee in bankruptcy,the Official Assignee or trustee in bankruptcy (as the case may be) must forthwith give notice of the application to every person on whom the notice of the determination was served under section 339(1)(b)(ii) and (iii) and (3) (except, where the application was made by a creditor, that creditor).
(5)
Unless the Court orders otherwise, a variation under subsection (1) of the monthly contribution and target contribution takes effect on the date of the order.
(6)
A variation of the monthly contribution and target contribution made under subsection (1) does not affect any payments made by the bankrupt in respect of the monthly contribution or target contribution prior to the date of the variation.
(7)
The Official Assignee must, within 14 days after the variation of the monthly contribution and target contribution under subsection (1), serve a notice of the variation order on —
the bankrupt;
every creditor who has filed a proof of debt; and
in a case where the variation 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 who has not filed a proof of debt.