Singapore legislation

Regulation 52

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

Regulation 52

Application for interim order

Amended byS 196/2022 wef 01/04/2022

Subregulation 1

An application to the Court by an insolvent debtor for an interim order under Part 14 of the Act must be entitled “In the Matter of Part 14 of the Insolvency, Restructuring and Dissolution Act 2018”.

Subregulation 2

Amended byS 196/2022 wef 01/04/2022

The affidavit supporting the application must state —

(a)

the reasons for the making of the application;

(b)

the particulars of any enforcement or other legal process which, to the debtor’s knowledge, has been commenced against the debtor;

(c)

that the debtor is able to apply for the debtor’s own bankruptcy;

(d)

that no previous application for an interim order has been made by or in respect of the debtor in the period of 12 months ending on the date of the affidavit; and

(e)

the name of the person to be appointed as the nominee under the proposal and that the person (called in this Part the intended nominee) is a licensed insolvency practitioner and is willing to act as a nominee in relation to the proposal.

Subregulation 3

A copy of the notice to the intended nominee under regulation 6 of the Voluntary Arrangements Regulations, duly endorsed by the intended nominee under paragraph (3) of that regulation, must be exhibited to the affidavit.

Subregulation 4

Where the debtor is a firm, the affidavit supporting the application for an interim order may be made by one of the partners in the firm who joined in the preparation of the proposal.

Regulation 52 — Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020