Singapore legislation
Regulation 127
of Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020
Regulation 127
Appeal against trustee’s decision to reject proof
Subregulation 1
If a creditor of a bankrupt is dissatisfied with the decision of the trustee of the bankrupt’s estate in rejecting the creditor’s proof (in whole or in part), the Court may, on the application of the creditor (called in this rule the applicant), reverse or vary the decision of the trustee.
Subregulation 2
An application under paragraph (1) against the decision of a trustee of a bankrupt’s estate must be made within 21 days after the latest of the following events:
the issue of the trustee’s notice of rejection of the proof (or any part of the proof) under regulation 58(4) of the Bankruptcy Regulations by the trustee; (b)the issue of the trustee’s notice of confirmation of the trustee’s decision under regulation 58(5)(a) of the Bankruptcy Regulations;
the issue of the trustee’s notice of revocation of the trustee’s decision under regulation 58(5)(b) of the Bankruptcy Regulations.
Subregulation 3
The affidavit supporting an application under paragraph (1) must state the reasons for the application.
Subregulation 4
A sealed copy of the application under paragraph (1) and a copy of the affidavit supporting the application must be served personally on the trustee whose decision is the subject of the application.
Subregulation 5
Despite paragraph (4), the copy of the application and the affidavit supporting the application may be served in such manner as is agreed in writing between the applicant and the trustee whose decision is the subject of the application.
Subregulation 6
The trustee whose decision is the subject of the application must, within 14 days after receipt of a copy of the application, file the proof with the Registrar, together with an explanation in the form of a report (if the trustee is the Official Assignee) or an affidavit (if the trustee is a trustee in bankruptcy), stating the reasons for the trustee’s decision.
Subregulation 7
After the application has been heard by the Court, the proof, unless wholly disallowed, is to be returned to the trustee whose decision is the subject of the application.
Subregulation 8
A trustee whose decision is the subject of an application under paragraph (1) is not to be personally liable for any costs incurred in relation to the application.