Singapore legislation

Regulation 71

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

Regulation 71

Identification of debt

Subregulation 1

The affidavit supporting a creditor’s bankruptcy application must state the following matters in respect of the debt:

(a)

the actual amount of the debt that has accrued as of the date of the application;

(b)

if the amount claimed in the application includes any interest, penalty, charge or any pecuniary consideration in lieu of interest —

(i)

the amount claimed for the interest, penalty, charge or other pecuniary consideration (separately identified);

(ii)

the rate at which and the period for which the interest, penalty, charge or other pecuniary consideration (as the case may be) was calculated; and

(iii)

the grounds on which the interest, penalty, charge or other pecuniary consideration (as the case may be) is claimed;

(c)

when the debt was incurred and when it became due;

(d)

the consideration for the debt or, if there is no consideration, the way in which the debt arises and —

(i)

if the debt is founded on a judgment or an order of a court — details of the judgment or order, including the action under which the judgment or order was obtained and the date of the judgment or order; or

(ii)

if the debt is founded on grounds other than a judgment or an order of a court — such details as would enable the debtor to identify the debt.

Subregulation 2

If the creditor holds any property of the debtor or any security for the debt, the creditor must —

(a)

account for such property or security in the affidavit and, in particular, provide the following information:

(i)

a description of the property or security held;

(ii)

the value of property or security as at the date of the creditor’s bankruptcy application; and

(b)

take into account such property or security in the amount claimed in the creditor’s bankruptcy application.