Singapore legislation

Regulation 96

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

Regulation 96

Substitution of applicant creditor

Subregulation 1

This rule applies where a creditor who has made a bankruptcy application (A) —

(a)

fails to appear in support of the bankruptcy application on the day fixed for the hearing of the bankruptcy application;

(b)

appears on the day fixed for the hearing of the bankruptcy application but does not apply for an order in terms of the relief sought in the bankruptcy application; or

(c)

does not diligently prosecute the bankruptcy application.

Subregulation 2

The Court may, on such terms as it thinks just, order that A be substituted by any other creditor (B) if B —

(a)

has given notice of B’s intention to appear and support the bankruptcy application under rule 88 and so appears;

(b)

is desirous of prosecuting the bankruptcy application; and

(c)

was in such a position in relation to the debtor at the date on which the bankruptcy application was filed as would have enabled B on that date to file a bankruptcy application against the debtor.

Subregulation 3

An order of the Court under paragraph (2) is to be in Form PIR‑8.

Subregulation 4

Where the Court has ordered the substitution of A under paragraph (2), A is not entitled to the costs of the bankruptcy proceedings unless the Court otherwise orders.

Regulation 96 — Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020