Singapore legislation
Section 397
Section 397
Effect of discharge
(1)
Subject to this section and any condition imposed by the Court under section 394 or 396, where a bankrupt is discharged, the discharge releases the bankrupt from all the debts provable in the bankruptcy but has no effect —
on the functions (so far as they remain to be carried out) of the Official Assignee; or
on the operation, for the purposes of the carrying out of those functions, of the provisions of Parts 3 and 13 to 22.
(2)
Discharge does not release the bankrupt from —
any debt due to the Government;
any debt with which the bankrupt may be chargeable at the suit of —
the Government or any other person for any offence under any written law relating to any branch of the public revenue; or
the Sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence; and
a debt in respect of any premium (including interest and penalties for late payment) and other sums due under the MediShield Life Scheme Act 2015 or the CareShield Life and Long‑Term Care Act 2019.
(3)
A bankrupt may be discharged from any debt mentioned in subsection (2) only by a certificate in writing of the Minister.
(4)
Discharge does not affect the right of any secured creditor of the bankrupt to enforce the secured creditor’s security for the payment of a debt from which the bankrupt is released.
(5)
Discharge does not release the bankrupt from —
any provable debt which the bankrupt incurred in respect of, or forbearance in respect of which was secured by means of, any fraud or fraudulent breach of trust to which the bankrupt was party; or
any liability in respect of a fine imposed for an offence.
(6)
Discharge does not, except to such extent and on such conditions as the Court may direct, release the bankrupt from any debt which has been proved and which —
consists in a liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other duty, being damages in respect of personal injuries to any person;
arises under any order made in proceedings under the Women’s Charter 1961 relating to family matters; or
arises under an order involving pecuniary liability made under any written law relating to the confiscation of the proceeds of crime.
(7)
Discharge does not release any person other than the bankrupt from any liability (whether as partner or co‑trustee of the bankrupt or otherwise) from which the bankrupt is released by the discharge, or from any liability as surety for the bankrupt or as a person in the nature of such a surety.
(8)
For the purpose of subsection (6), “personal injuries” includes death and any disease or other impairment of a person’s physical or mental condition.