Singapore legislation
Regulation 48
of Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020
Regulation 48
Removal of trustee in bankruptcy by Court
Subregulation 1
The Official Assignee or any creditor of a bankrupt may make an application to the Court for the removal of the trustee in bankruptcy.
Subregulation 2
The application must be supported by an affidavit stating —
the grounds of the application; and
any evidence which the applicant intends to adduce in support of the application.
Subregulation 3
The application mentioned in paragraph (1) must be served on the trustee in bankruptcy, the Official Assignee (if the Official Assignee is not the applicant) and all creditors who have proved their debts at least 14 days before the date of the hearing.
Subregulation 4
The trustee in bankruptcy must, before the date of the hearing, submit to the Court a report containing the following information:
the total amount of debts claimed by creditors who have filed proofs of debt, and the total amount of debts (if any) admitted by the trustee in bankruptcy;
the property of the bankrupt comprised in the bankrupt’s estate and the status of the realisation of such property; (c)the gross amount received by the trustee in bankruptcy from the realisation of the property comprised in the bankrupt’s estate, the costs and expenses of such realisation and the net amount received by the trustee in bankruptcy from such realisation;
the monthly contribution and target contribution for the bankruptcy;
the payments that have been made by the bankrupt to the bankrupt’s estate;
any other payments that have been made to the bankrupt’s estate;
any payments that have been made out of the bankrupt’s estate;
any outstanding work to be done in relation to the administration of the bankruptcy.
Subregulation 5
On hearing the application for the removal of the trustee in bankruptcy, the Court may, if it thinks fit, dismiss the application, order that the trustee in bankruptcy be removed or make such other order as it thinks fit.
Subregulation 6
Where the Court orders the trustee in bankruptcy to be removed, the Court may include in the order —
such other orders as it thinks fit in connection with the removal; and
an order for the appointment of a new trustee of the bankrupt’s estate.
Subregulation 7
Unless otherwise ordered by the Court, the costs of and incidental to an application for the removal of a trustee in bankruptcy are not to be borne by the estate.
Subregulation 8
Where a trustee in bankruptcy is ordered to be removed by the Court, the applicant for the order (if the applicant is not the Official Assignee) must serve a copy of the order on the Official Assignee and on the trustee in bankruptcy, within 7 days after the making of the order.