Singapore legislation
Clause 343
Clause 343
Review by Court of decision of Official Assignee under section 342
(1)
Where a bankrupt or any creditor of the bankrupt is dissatisfied with the decision of the Official Assignee under section 342(1), the bankrupt or the creditor (as the case may be) may, within 21 days after the service of the notice mentioned in section 342(5), apply to the Court to review the decision.
(2)
The Court may, in any particular case, extend the period for the making of an application under subsection (1) if the Court is satisfied that it is just to do so.
(3)
An application under subsection (1) must be served, within 3 days after the date of filing, on the Official Assignee, who must forthwith —
serve a copy of the application on the bankrupt, unless the application was made by the bankrupt; and
give notice of the application to every creditor who was, under section 342(5)(b) or (c), entitled to service of the notice mentioned in section 342(5) (except, where the application was made by a creditor, that creditor).
(4)
On hearing an application under subsection (1), the Court may —
confirm, vary or cancel the certificate under section 342(1) in respect of which the application is brought; or
give such directions to the Official Assignee, or make such order, as the Court may think fit.
(5)
Unless the Court orders otherwise, a variation made under subsection (4)(a) of the certificate under section 342(1) takes effect from the date of issue of the certificate.
(6)
A variation of the certificate does not affect any payment made by the bankrupt, prior to the date of the variation, in respect of any reduced monthly contribution pursuant to the certificate.
(7)
The Official Assignee must, within 14 days after a variation under subsection (4)(a) of the certificate under section 342(1), serve a notice of the variation order on every person who was, under section 342(5) or (6), entitled to service of the notice of the issue of the certificate.