Clause 43

by inserting, immediately after the words “section 125” in subsection (1), the words “in respect of any bankruptcy administered by the Official Assignee”;

by inserting, immediately after subsection (5), the following subsections:“(5A) Before requesting the Official Assignee to issue a certificate of discharge under section 125, a trustee in bankruptcy administering a bankrupt’s estate must serve, on each creditor who has filed a proof of debt, a notice of the trustee’s intention to request the Official Assignee to discharge the bankrupt, together with a statement of the trustee’s reasons why the bankrupt ought to be discharged.(5B) A creditor who has been served with a notice under subsection (5A) and who wishes to enter an objection to the Official Assignee issuing a certificate discharging the bankrupt may, within 21 days after the date of the trustee’s notice, furnish to the trustee a statement of the grounds of the creditor’s objection.(5C) A creditor who does not furnish to the trustee a statement of the grounds of the creditor’s objection in accordance with subsection (5B) is deemed to have no objection to the discharge.(5D) A creditor who has furnished the trustee with a statement of the grounds of the creditor’s objection in accordance with subsection (5B) may, within 21 days after being informed by the trustee that the creditor’s objection has been rejected, make an application to the court for an order prohibiting the Official Assignee from issuing a certificate of discharge.(5E) Every application under subsection (5D) must be served on the Official Assignee, the trustee and the bankrupt, and the court must hear the Official Assignee, the trustee and the bankrupt before making an order on the application.”;

by inserting, immediately after the words “subsection (4)” in subsection (6), the words “or (5D)”;

by inserting, immediately before the word “make” in subsection (6)(b), the words “subject to subsections (8) and (9),”; and

by inserting, immediately after subsection (6), the following subsections:“(7) The court must, when making an order under subsection (6)(b) on an application under subsection (4), appoint a trustee in bankruptcy to administer the bankrupt’s estate in place of the Official Assignee.(8) Subject to subsection (9), an order made under subsection (6)(b) must not postpone the grant of the certificate of discharge beyond —

in any case where the bankruptcy is not a repeat bankruptcy of the bankrupt, 9 years after the administration date of the bankruptcy; or

in any case where the bankruptcy is a repeat bankruptcy of the bankrupt, 11 years after the administration date of the bankruptcy.(9) When making an order under subsection (6)(b), the court may, in an exceptional case, postpone the grant of the certificate of discharge beyond the period referred to in subsection (8)(a) or (b), but not beyond the period referred to in subsection (6)(b), if the court, having regard to the conduct of the bankrupt, considers it just to do so.(10) For the purposes of calculating the periods of time referred to in subsection (8), 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.”.