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Part 3 · Official Assignee, Official Receiver and Insolvency Practitioners

36. Appointment of person other than Official Assignee as trustee in bankruptcy

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Amended

Last amended by an amending law of 2023.

(1)

The Court may, in the following circumstances, appoint a person other than the Official Assignee to be the trustee of a bankrupt’s estate:

(a)

when making a bankruptcy order, and on the application under subsection (2) of the person who applied for the bankruptcy order;

(b)

at any time after the making of a bankruptcy order that has not been discharged or annulled, and on the application of any creditor, the bankrupt, the Official Assignee or any existing trustee of the bankrupt’s estate.

(2)

A person applying for a bankruptcy order must apply to the Court for the appointment of a person other than the Official Assignee to be the trustee of the bankrupt’s estate, unless the Official Assignee has consented to be the trustee of the bankrupt’s estate.

(3)

The official name of the trustee is —

(a)

“the Trustee of the Estate of (name of bankrupt), a Bankrupt”; or

(b)

“the Trustee in Bankruptcy of (name of bankrupt), a Bankrupt”.

(4)

[Deleted by Act 1 of 2023 wef 01/11/2023]

Report

Part 4

Corporate Insolvency, Restructuring and Dissolution — Preliminary

Part 5

Scheme of Arrangement

Part 5A

Simplified Restructuring of Debts

Part 6

Corporate Insolvency — Receivership

Part 7

Judicial Management

Part 8

Winding Up

Part 9

Provisions Applicable in Judicial Management and Winding Up

Part 10

Winding Up of Unregistered Companies and Liquidation or Dissolution of Foreign Companies

Part 10A

Simplified Winding Up

Part 11

Cross-Border Insolvency

Part 12

General Provisions Applicable to Parts 4 to 11

Part 13

Bankruptcy — Preliminary

Part 14

Voluntary Arrangements

Part 15

Debt Repayment Scheme

Part 16

Proceedings in Bankruptcy

Part 17

Administration in Bankruptcy

Part 18

Annulment and Discharge

Part 19

Duties, Disqualification and Disabilities of Bankrupt

Part 20

Bankruptcy Offences

Part 21

Bankruptcy Miscellaneous Provisions

Part 22

Provisions Against Debt Avoidance and Limitation on Certain Contractual Rights

Part 23

Miscellaneous and General Provisions

Part 24

Consequential and Related Amendments to Other Acts

Part 25

Saving and Transitional Provisions

Schedules