Singapore legislation

Regulation 135

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

Regulation 135

Application under section 375(2) of Act

Subregulation 1

An application under section 375(2) of the Act for the vesting of property disclaimed under section 373 of the Act by the trustee of a bankrupt’s estate must be made within 3 months after the earlier of the following:

(a)

the day on which the applicant for the order (called in this rule the applicant) becomes aware of the disclaimer of the property;

(b)

the day on which the applicant receives a copy of the notice of disclaimer of the property served under regulation 69 of the Bankruptcy Regulations.

Subregulation 2

The affidavit supporting the application mentioned in paragraph (1) must state —

(a)

whether the applicant is a person mentioned in section 375(2)(a), (b) or (c) of the Act;

(b)

the day on which the applicant becomes aware of the disclaimer of the property or receives a copy of the notice of disclaimer of the property, whichever is applicable; and

(c)

the grounds of the application and the order sought.

Subregulation 3

The applicant must, at least 7 days before the date fixed for the hearing of an application mentioned in paragraph (1), give the trustee of the bankrupt’s estate mentioned in that paragraph notice of the hearing, accompanied by a copy each of the application and the affidavit supporting the application.

Subregulation 4

On the hearing of an application mentioned in paragraph (1), the Court may give directions as to any one or more other persons (in addition to the trustee of the bankrupt’s estate mentioned in that paragraph) to whom notice of the application and the grounds on which the application is made should be given.

Subregulation 5

The applicant must serve a sealed copy of any order made by the Court under section 375(3) of the Act on the following persons within 7 days after the order is made:

(a)

the trustee of the bankrupt’s estate in question;

(b)

each person to whom notice is directed to be given under paragraph (4).