Singapore legislation

Clause 32

of Bankruptcy (Amendment) Bill

Clause 32

Amendment of section 97

Section 97 of the Bankruptcy Act is amended —

(a)

by deleting the words “in the subsequent bankruptcy” in subsection (1) and substituting the words “in the second or subsequent bankruptcy or administration in bankruptcy (as the case may be)”;

(b)

by inserting, immediately after subsection (1), the following subsection:“(1A) For the purposes of subsection (1) —

(a)

any unsatisfied debts provable in the last preceding bankruptcy, which were under section 90(1) to be paid in priority to all other debts in that bankruptcy, continue to enjoy the same priority and the same rank in the order specified in section 90(1) in the second or subsequent bankruptcy or administration in bankruptcy; and

(b)

any unsatisfied debts of a class specified in section 90(1) in the last preceding bankruptcy rank equally with debts of the same class in the second or subsequent bankruptcy or administration in bankruptcy.”;

(c)

by inserting, immediately after subsection (4), the following subsection:“(5) Where a second or subsequent bankruptcy order is made against a bankrupt —

(a)

section 108A(1) ceases to apply to the last preceding bankruptcy, with effect from the date of that order; and

(b)

section 125(2) does not apply to the last preceding bankruptcy for the duration of the second or subsequent bankruptcy.”; and

(d)

by deleting the word “bankruptcy” in the section heading and substituting the words “or subsequent bankruptcy, etc.”.