Singapore legislation
Clause 123
Clause 123
Court’s power to annul bankruptcy order
(1)
The court may annul a bankruptcy order if it appears to the court —
that, on any ground existing at the time the order was made, the order ought not to have been made;
that, to the extent required by the rules, the debts which have been paid and the expenses of the bankruptcy have all, since the making of the order, either been paid or secured for to the satisfaction of the court;
that proceedings are pending in Malaysia for the distribution of the bankrupt’s estate and effects amongst the creditors under the bankruptcy law of Malaysia and that the distribution ought to take place there; or
that a majority of the creditors in number and value are resident in Malaysia, and that from the situation of the property of the bankrupt or for other causes his estate and effects ought to be distributed among the creditors under the bankruptcy laws of Malaysia.
(2)
The court may annul a bankruptcy order whether or not the bankrupt has been discharged from the bankruptcy.
(3)
Where a court annuls a bankruptcy order under this section, any sale or other disposition of property, payment made or other things duly done by or under the authority of the Official Assignee or by the court shall be valid except that the property of the bankrupt shall vest in such person as the court may appoint or, in default of any such appointment, revert to the bankrupt on such terms as the court may direct, and the court may include in its order such supplemental provisions as may be authorised by the rules.