Singapore legislation

Regulation 129

of Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020

Regulation 129

Expunging of proof by Court

Subregulation 1

The Court may expunge a proof or reduce the amount claimed under a proof against a bankrupt —

(a)

if the trustee of the bankrupt’s estate declines to interfere in the matter — on the application of a creditor; or

(b)

in the case of a composition in relation to the debts of the bankrupt or a scheme of arrangement of the bankrupt’s affairs — on the application of the bankrupt.

Subregulation 2

The applicant under paragraph (1) must send notice of the application to —

(a)

the trustee of the bankrupt’s estate; and

(b)

the creditor who filed the proof of debt that is the subject of the application.

Subregulation 3

Subject to paragraph (4), the costs of an application under paragraph (1) are to be borne by the applicant unless the Court otherwise orders.

Subregulation 4

The trustee of a bankrupt’s estate is not to be personally liable for any costs incurred under this rule.

Subregulation 5

An order of the Court under paragraph (1) expunging a proof or reducing the amount claimed under a proof must be served on the trustee of the bankrupt’s estate by the applicant under that paragraph.

Regulation 129 — Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020