Singapore legislation

Regulation 17

of Insolvency, Restructuring and Dissolution (Debt Repayment Scheme) Regulations 2020

Regulation 17

Filing of proofs of debt at or before meeting

Subregulation 1

The Official Assignee may, upon payment of the appropriate fee, allow a creditor who is not named in the debtor’s statement of affairs to file a proof of the creditor’s debt against the debtor at or before a meeting of creditors convened under section 291(2) of the Act.

Subregulation 2

A creditor filing a proof of the creditor’s debt under paragraph (1) before the meeting mentioned in that paragraph must comply with regulation 10(3), (4) and (5), and for this purpose, regulation 10(3), (4) and (5) applies as if —

(a)

a reference to a creditor in regulation 10(3), (4) or (5) is a reference to a creditor filing a proof of that creditor’s debt under paragraph (1) before the meeting mentioned in that paragraph; and (b)a reference to a proof of debt in regulation 10(3), (4) or (5) is a reference to a proof of debt filed under paragraph (1) before the meeting mentioned in that paragraph.

Subregulation 3

A creditor must bear the cost of proving the creditor’s debt.

Subregulation 4

Before the Official Assignee admits or rejects in whole or in part a proof of debt filed under paragraph (1), the Official Assignee must examine the proof and the grounds of the debt, and may require further evidence in support of the proof of debt from the creditor who filed the proof of debt.

Subregulation 5

At or after the conclusion of the meeting of creditors, the Official Assignee may admit or reject in whole or in part the proof of debt filed under paragraph (1).

Subregulation 6

Where the Official Assignee admits or rejects in whole or in part a proof of debt filed under paragraph (1), the Official Assignee must inform the debtor and the creditor who filed the proof of debt of the Official Assignee’s decision in writing within 7 days after the date of the decision.