Singapore legislation
Clause 42
Clause 42
Amendment of section 125
Section 125 of the Bankruptcy Act is amended —
by deleting subsection (2) and substituting the following subsection:“(2) The Official Assignee must not issue a certificate discharging a bankrupt from bankruptcy under subsection (1) unless —
in any case where the bankruptcy is not a repeat bankruptcy of the bankrupt —
both of the following apply:
the target contribution has been paid in full, or the Official Assignee is satisfied that the bankrupt is unable to pay the target contribution in full due to extenuating circumstances;
either —
(BA)a period of 3 years has lapsed after the administration date of the bankruptcy, and no objection to the discharge is entered by the relevant threshold of creditors; or
(BB)a period of 5 years has lapsed after the administration date of the bankruptcy; or
a period of 7 years has lapsed after the administration date of the bankruptcy; or
in any case where the bankruptcy is a repeat bankruptcy of the bankrupt —
both of the following apply:
the target contribution has been paid in full, or the Official Assignee is satisfied that the bankrupt is unable to pay the target contribution in full due to extenuating circumstances;
either —
(BA)a period of 5 years has lapsed after the administration date of the bankruptcy, and no objection to the discharge is entered by the relevant threshold of creditors; or
(BB)a period of 7 years has lapsed after the administration date of the bankruptcy; or
a period of 9 years has lapsed after the administration date of the bankruptcy.”; and
by deleting subsection (4) and substituting the following subsections:“(4) The Official Assignee —
must, upon the application of a bankrupt, any creditor of the bankrupt or any other interested person, and upon the payment of the prescribed fee, issue to the applicant a copy of the certificate discharging the bankrupt from bankruptcy; but(b)must not issue any copy of such certificate to any person except the bankrupt, where —
the bankrupt’s target contribution was paid in full before the bankrupt’s discharge from bankruptcy; and
5 years have lapsed after the date of discharge.(5) For the purposes of calculating the periods of time referred to in subsection (2), there must be disregarded any period —
during which the bankrupt was outside Singapore; and
for which the bankrupt did not obtain the Official Assignee’s permission to leave, remain or reside outside Singapore.(6) In this section —“extenuating circumstances” means any of the following circumstances:
the death of the bankrupt;
any personal circumstances of the bankrupt (including, but not limited to, debilitating illness) that prevent the bankrupt from earning a meaningful salary for the remaining period of the bankruptcy before the expiry of —
where the bankruptcy is not a repeat bankruptcy of the bankrupt, the period referred to in subsection (2)(a)(ii); or
where the bankruptcy is a repeat bankruptcy of the bankrupt, the period referred to in subsection (2)(b)(ii);“relevant threshold of creditors” means not less than half in number or more than one‑fourth in value or both of the creditors who have proved their debts.”.