56G. Proving of debts under debt repayment scheme
Feedback & supportLast amended by an amending law of 2009.
Subject to section 56I, the following debts shall be provable under a debt repayment scheme in respect of a debtor:
debt
“debt” means any debt, or any liability to pay money, which is unsecured, present, certain, and of an amount that is fixed or liquidated;
any debt to which the debtor is subject at the effective date of the scheme, and any interest on such debt which is payable by the debtor for any period before the effective date;
any debt to which the debtor becomes subject after the effective date of the scheme but before the cessation of the scheme by reason of any obligation incurred before the effective date, and any interest on such debt which is payable by the debtor for any period before the effective date;
any debt being the balance due from the debtor after the security in respect of a secured debt owing by the debtor at the effective date of the scheme is realised at any time before the cessation of the scheme.
A creditor shall file his proof of debt with the Official Assignee under this Part in such form and manner as may be prescribed.
creditor
“creditor”, in relation to a debtor proposing a voluntary arrangement under Part V, means a creditor to whom the debtor owes a debt provable in bankruptcy;
The Official Assignee shall, in accordance with such rules as may be prescribed, admit or reject, in whole or in part, any proof of debt filed under this Part.
Official Assignee
“Official Assignee” includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
Any debtor or creditor who is dissatisfied with the Official Assignee’s decision under subsection (3) may, within such time and in such manner as may be prescribed, appeal to the court against the decision.
debtor
“debtor” means the individual to whom a debt repayment scheme applies under this Part;
The court may, on hearing an appeal under subsection (4), confirm, reverse or vary the decision of the Official Assignee.
An appeal under subsection (4) shall not suspend the commencement, operation or effect of a debt repayment scheme under this Part.