Singapore legislation
Regulation 42
of Insolvency, Restructuring and Dissolution (Bankruptcy) Regulations 2020
Regulation 42
Manner and contents of proof of debt
Subregulation 1
Every creditor of a bankrupt must prove the creditor’s debt by filing a proof of debt with the trustee of the bankrupt’s estate.
Subregulation 2
A proof of debt required to be filed with the trustee under paragraph (1) must state the following matters:
the creditor’s name, address, and electronic mail address (if any);
the total amount of the creditor’s claim as at the date of the bankruptcy order under which the bankrupt is adjudged bankrupt;
whether the amount claimed includes interest as defined under section 356(4) of the Act and, if so, the actual amount of interest that has accrued as at the date of the bankruptcy order under which the bankrupt is adjudged bankrupt and the rate at which and the period for which the interest was calculated;
whether or not the claim includes goods and services tax and, if so, the amount of such tax;
particulars of how and when the debt was incurred by the bankrupt;
particulars of any security held by the creditor, the date when the security was given and the value at which the creditor assesses the security;
the name, authority, address and electronic mail address (if any) of the person (if not the creditor) submitting the proof of debt.
Subregulation 3
A proof of debt required to be filed with the Official Assignee must be filed in accordance with the Filing of Documents Regulations.
Subregulation 4
If the proof of debt is filed in accordance with regulation 12(1) of the Filing of Documents Regulations, a copy of each document substantiating the claim specified in the proof of debt —
must be filed in accordance with that provision together with the proof of debt; or
where the Official Assignee is of the opinion that a creditor will incur unreasonable expense or suffer unreasonable inconvenience in complying with sub‑paragraph (a), must be sent to the Official Assignee within 14 days after the date of filing of the proof of debt, in the manner specified by the Official Assignee in any practice directions issued by the Official Assignee.
Subregulation 5
If the proof of debt is filed in accordance with regulation 12(2) of the Filing of Documents Regulations, a copy of each document substantiating the claim specified in the proof of debt must accompany the proof of debt.
Subregulation 6
Unless the trustee of a bankrupt’s estate allows otherwise or the Court otherwise orders, a bill of exchange, promissory note, or other negotiable instrument or security or a copy of the bill of exchange, promissory note or other negotiable instrument or security (certified by the creditor or the creditor’s authorised representative to be a true copy) in respect of which the creditor seeks to prove must be produced to the trustee before the proof of debt is admitted, either for voting or for dividend.
Subregulation 7
The trustee may at any time call for further evidence of the claim to be provided by a creditor who has filed a proof of debt with the trustee.