Singapore legislation

Clause 57

of Bankruptcy Bill

Clause 57

Persons who may present creditor’s petition

(1)

Subject to this Part, a creditor’s petition may be presented(a)against an individual by —

(i)

one of the individual’s creditors or jointly by more than one of them; or

(ii)

the nominee supervising the implementation of, or any person (other than the individual) who is for the time being bound by, a voluntary arrangement proposed by the individual and approved under Part V; or

(b)

against a firm by —

(i)

one of the firm’s creditors or jointly by more than one of them, if such creditor or creditors are entitled under paragraph (a)(i) to present a creditor’s petition against any one of the partners in the firm in respect of a partnership debt; or

(ii)

the nominee supervising the implementation of, or any person (other than the partners in the firm) who is for the time being bound by, a voluntary arrangement proposed by the firm and approved under Part V.

(2)

A creditor who is entitled to present a bankruptcy petition against a firm under subsection (1)(b) may present a bankruptcy petition against any of the partners in the firm without including the others.

(3)

Every creditor’s petition shall be in the prescribed form and shall be verified by affidavit of the creditor or of some person on his behalf having knowledge of the facts.

(4)

Every creditor’s petition shall be served in the manner prescribed.

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