Interpretation of this Part
Open ↗288.—(1) In this Part, unless the context otherwise requires —“Appeal Panel” means a panel established under section 304;
“applicant creditor”, in relation to a debtor under a debt repayment scheme, means the creditor who makes the relevant bankruptcy application against the debtor;
“debt” means any debt, or any liability to pay money, that is unsecured, present, certain, and of an amount that is fixed or liquidated;
“debtor” means the individual to whom a debt repayment scheme applies under this Part;
“effective date”, in relation to a debt repayment scheme, means the date on which the scheme commences under section 292(1);
“relevant bankruptcy application”, in relation to a debtor under a debt repayment scheme, means the bankruptcy application adjourned by the Court under section 316(9) or 318(3) which enabled the Official Assignee to determine the debtor’s suitability for the scheme and to implement the scheme;
“repayment period”, in relation to a debt repayment plan, means the period of time, beginning with the date on which the plan comes into effect under section 291(8), that is allowed to a debtor under the plan to repay the debtor’s debts included in the plan.
(2) For the purposes of this Part —(a)
any debt proved against a debtor under Division 2 before the effective date of a debt repayment scheme applicable to the debtor is, upon the effective date, deemed to have been proved under the scheme; and
(b)
any claim, proof, declaration or statement filed, made or submitted by or in respect of a debtor under Division 2 before the effective date of a debt repayment scheme applicable to the debtor is, upon the effective date, deemed to have been filed, made or submitted under the scheme.
Division 2 — Proposal for debt repayment scheme
Referral by Court
Open ↗289.—(1) Upon the Court adjourning a bankruptcy application made against a debtor and referring the matter to the Official Assignee under section 316(9) or 318(3), the Official Assignee must take such steps as are necessary to —(a)
review the suitability of the debtor for a debt repayment scheme; and
(b)
where the debtor is suitable, implement the debt repayment scheme in accordance with this Part.
(2) The Official Assignee must report to the Court of the debtor’s unsuitability for a debt repayment scheme if —(a)
the aggregate of the debtor’s debts exceeds the prescribed amount;
(b)
the debtor does not meet any of the qualifying criteria specified in paragraph (b), (c), (d) or (e) of section 316(9) or 318(3), as the case may be;
(c)
the debtor, knowing or believing that a false or an inaccurate debt has been claimed by any person against the debtor under this Division, fails to inform the Official Assignee;
(d)
the Official Assignee becomes aware of any circumstance mentioned in section 300(1)(a), (b), (c), (d), (h) or (i); or
(e)
the Official Assignee is satisfied that the debtor is not suitable for a debt repayment scheme for any other reason.
(3) Subsection (2) ceases to apply upon the commencement of a debt repayment scheme in respect of the debtor under section 292(1).
Debtor’s statement of affairs and proposal for repayment of debts, and creditors’ proofs of debts
Open ↗290.—(1) After the Court adjourns a bankruptcy application made against a debtor and refers the matter to the Official Assignee under section 316(9) or 318(3), the Official Assignee must, by notice in writing to the debtor, require the debtor to submit in such form and manner, and within such time, as may be specified by the Official Assignee in the notice —(a)
a statement of the debtor’s affairs; and
(b)
a debt repayment plan, with a repayment period not exceeding 5 years, setting out the terms for the repayment of the debtor’s debts,
and the debtor must comply with the notice.
(2) After receiving the debtor’s statement of affairs under subsection (1), the Official Assignee must send a notice to every creditor disclosed in the statement, requiring the creditor to file a proof of debt within such time as may be specified by the Official Assignee in the notice.
(3) Section 294 applies to a proof of debt filed under this Division as if it is a proof of debt filed under a debt repayment scheme.
Approval of debt repayment plan
Open ↗291.—(1) Subject to subsection (7), the Official Assignee must examine the statement of affairs and debt repayment plan submitted by a debtor under section 290(1) and the proofs of debts filed against the debtor and may make such modifications to the plan as the Official Assignee considers appropriate before convening a meeting of creditors under subsection (2).
(2) The Official Assignee must convene and preside at a meeting of creditors to review the debt repayment plan.
(3) Subject to subsection (7), the Official Assignee may, at or after the meeting of creditors, approve the debt repayment plan without any modification or subject to such, or such further, modifications as the Official Assignee considers appropriate.
(4) The debtor or any creditor who has proved a debt against the debtor under this Division may, within such time and in such manner as may be prescribed, appeal to the Appeal Panel against the Official Assignee’s approval of the debt repayment plan under subsection (3) on the ground that the approved plan unfairly prejudices his or her interests.
(5) The Appeal Panel may determine the appeal by —(a)
confirming the Official Assignee’s approval of the debt repayment plan; or
(b)
subject to subsection (7), making such modifications to the plan as it considers appropriate,
and the decision of the Appeal Panel is final.
(6) Subject to section 296, the debt repayment plan approved by the Official Assignee or modified by the Appeal Panel under this section may require the debtor to make full repayment, or make such partial repayment as may be specified in the plan, of the debts included in the plan.
(7) The repayment period under the debt repayment plan approved by the Official Assignee or modified by the Appeal Panel under this section must not exceed 5 years.
(8) The debt repayment plan comes into effect on such date as may be specified by the Official Assignee in the Official Assignee’s approval of the plan under subsection (3) and is binding on —(a)
the debtor; and
(b)
every creditor who has proved a debt against the debtor under this Division and whose debt is included in the plan.
(9) An appeal under subsection (4) does not suspend the commencement, operation or effect of a debt repayment scheme under this Part.
Division 3 — Commencement and administration of debt repayment scheme
Commencement and administration of debt repayment scheme
Open ↗292.—(1) A debt repayment scheme commences in respect of a debtor on the date on which a debt repayment plan comes into effect under section 291(8) in respect of that debtor.
(2) The Official Assignee —(a)
must administer all debt repayment schemes under this Part; and
(b)
may charge such fees as may be prescribed in respect of such administration.
(3) Upon the commencement of a debt repayment scheme in respect of a debtor, the Official Assignee must pay out from the Bankruptcy Estates Account and into the Debt Repayment Schemes Account the balance of any deposit paid by the applicant creditor to the Official Assignee in respect of the relevant bankruptcy application made against the debtor, for the purpose of discharging the costs and expenses incurred by the Official Assignee in the administration of the scheme.
Moratorium under debt repayment scheme, etc.
Open ↗293.—(1) Subject to subsection (2), during the period beginning on the effective date of a debt repayment scheme applicable to a debtor and ending on the date on which the scheme ceases under section 298(1) —(a)
no creditor to whom the debtor is indebted in respect of any debt provable under the scheme has any remedy against the person or property of the debtor in respect of that debt; and
(b)
no action or proceedings may be proceeded with or commenced against the debtor in respect of that debt,
except by the permission of the Court and in accordance with such terms as the Court may impose.
[Act 25 of 2021 wef 01/04/2022]
(2) Subsection (1) does not affect the right of any secured creditor to realise or otherwise deal with the secured creditor’s security in the same manner as the secured creditor would have been entitled to realise or deal with it if that subsection had not been enacted.
(3) Where the creditor of a debtor (to whom a debt repayment scheme applies) has obtained an enforcement order against the goods or lands of the debtor, or has attached any debt due or property belonging to the debtor, the creditor is not entitled to retain the benefit of the enforcement order or attachment against the debtor unless the creditor has completed the execution of the enforcement order or attachment before the effective date of the scheme, except that —(a)
a person who purchases in good faith under a sale by the Sheriff any goods of the debtor on which an enforcement order has been executed acquires in all cases a good title to them against the debtor; and[Act 25 of 2021 wef 01/04/2022]
(b)
the rights conferred by this subsection on the debtor may be set aside by the Court in favour of the creditor to such extent and subject to such terms as the Court thinks fit.[Act 25 of 2021 wef 01/04/2022]
(4) For the purposes of subsection (3) —(a)
an enforcement order against goods is completed by seizure and sale;[Act 25 of 2021 wef 01/04/2022]
(b)
an attachment of a debt is completed by receipt of the debt; and
(c)
an enforcement order against land or any interest in land is completed by registering under any written law relating to the registration of land an enforcement order for seizure and sale of property attaching the interest of the debtor in the land described in the enforcement order for seizure and sale of property.[Act 25 of 2021 wef 01/04/2022]
Proving of debts under debt repayment scheme
Open ↗294.—(1) Subject to section 296, the following debts are provable under a debt repayment scheme in respect of a debtor:(a)
any debt to which the debtor is subject at the effective date of the scheme, and any interest on such debt which is payable by the debtor for any period before the effective date;
(b)
any debt to which the debtor becomes subject after the effective date of the scheme but before the cessation of the scheme by reason of any obligation incurred before the effective date, and any interest on such debt which is payable by the debtor for any period before the effective date;
(c)
any debt being the balance due from the debtor after the security in respect of a secured debt owing by the debtor at the effective date of the scheme is realised at any time before the cessation of the scheme.
(2) A creditor must file the creditor’s proof of debt with the Official Assignee under this Part in such form and manner as may be prescribed.
(3) The Official Assignee must, in accordance with such regulations as may be prescribed, admit or reject, in whole or in part, any proof of debt filed under this Part.
(4) Any debtor or creditor who is dissatisfied with the Official Assignee’s decision under subsection (3) may, within such time and in such manner as may be prescribed, appeal to the Court against the decision.
(5) The Court may, on hearing an appeal under subsection (4), confirm, reverse or vary the decision of the Official Assignee.
(6) An appeal under subsection (4) does not suspend the commencement, operation or effect of a debt repayment scheme under this Part.
Modification of debt repayment plan
Open ↗295.—(1) Subject to subsection (6), the Official Assignee may at any time on or after the effective date of a debt repayment scheme, of his or her own volition or at the request of —(a)
the debtor to whom the scheme applies;
(b)
a creditor who is bound by the debt repayment plan under the scheme; or
(c)
a creditor, not being a creditor referred to in paragraph (b), who proves his or her debt under the scheme,
modify the plan in such manner as the Official Assignee considers appropriate.
(2) Before making any modification to the debt repayment plan, the Official Assignee must, by notice in writing to the debtor and all the creditors who have proved their debts under the debt repayment scheme, convene and preside at a meeting of creditors.
(3) Subject to subsection (6), the Official Assignee may, at or after the meeting of creditors, refuse to modify the debt repayment plan or may make such modifications to the plan as the Official Assignee considers appropriate.
(4) The debtor or any creditor who has proved a debt under the debt repayment scheme may, within such time and in such manner as may be prescribed, appeal to the Appeal Panel against the Official Assignee’s decision under subsection (3) on the ground that the decision unfairly prejudices his or her interests.
(5) The Appeal Panel may determine the appeal by —(a)
confirming the Official Assignee’s decision; or
(b)
subject to subsection (6), making such or such further modifications to the debt repayment plan as it considers appropriate,
and the decision of the Appeal Panel is final.
(6) Subject to such further restrictions on the extension of the repayment period of a debt repayment plan as may be prescribed, any extension under this section of the repayment period of the plan is subject to the repayment period not exceeding at any time —(a)
where the plan includes a debt mentioned in section 294(1)(b) or (c), 7 years; or
(b)
in any other case, 5 years.
(7) If a debt repayment plan is modified under this section, the modification takes effect on such date as may be specified by the Official Assignee in the Official Assignee’s modification of the plan under subsection (3) and as from that date, the plan as modified is binding on —(a)
the debtor;
(b)
every creditor who is bound by the plan before the modification; and
(c)
where the plan is modified to include the debt of a creditor mentioned in subsection (1)(c), that creditor.
(8) An appeal under subsection (4) does not suspend the commencement, operation or effect of a debt repayment scheme under this Part.
Priority of debts and interest on debts
Open ↗296.—(1) The following are to be paid under a debt repayment plan applicable to a debtor in priority to all other debts proved under the debt repayment scheme (to which the plan relates) and included in the plan:(a)
first, the costs and expenses incurred by the Official Assignee in the administration of the scheme;
(b)
second, the costs (whether assessed or agreed) of the applicant creditor in respect of the relevant bankruptcy application made against the debtor;[Act 25 of 2021 wef 01/04/2022]
(c)
third, subject to subsection (2), all wages or salary (whether or not earned wholly or in part by way of commission) including any amount payable by way of allowance or reimbursement under any contract of employment or award or agreement regulating the conditions of employment of any employee;
(d)
fourth, subject to subsection (2), the amount due to an employee as a retrenchment benefit or an ex gratia payment under any contract of employment or award or agreement that regulates the conditions of employment, whether such amount becomes payable before, on or after the effective date of the scheme;
(e)
fifth, all amounts due in respect of any work injury compensation under the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act accrued before, on or after the effective date of the scheme;
(f)
sixth, all amounts due in respect of contributions payable during a period of 12 consecutive months beginning not earlier than 12 months before, and ending not later than 12 months after, the effective date of the scheme, by the debtor as the employer of any person under any written law relating to employees’ superannuation or provident funds or under any scheme of superannuation which is an approved scheme under the Income Tax Act 1947;
(g)
seventh, subject to subsection (2), all remuneration payable to any employee in respect of vacation leave or, in the case of the employee’s death, to any other person in the employee’s right, accrued in respect of any period before, on or after the effective date of the scheme;
(h)
eighth, the amount of all taxes assessed and any goods and services tax due under any written law on or before the effective date of the scheme;
(i)
ninth, all premiums (including interest and penalties for late payment) and other sums payable in respect of the debtor’s insurance cover under the MediShield Life Scheme mentioned in section 3 of the MediShield Life Scheme Act 2015, and the CareShield Life Scheme established by section 5 of the CareShield Life and Long‑Term Care Act 2019, respectively, before the time fixed for the proving of debts has expired.[26/2019; 27/2019]
(2) The amount payable under subsection (1)(c), (d) and (g) must not exceed such amount as the Minister may prescribe by order in the Gazette.
(3) The debts in each class specified in subsection (1) rank in the order specified in subsection (1) but debts of the same class rank equally between themselves, and are to be paid in full, unless the amount standing to the credit of the debtor in the Debt Repayment Schemes Account is insufficient to meet them, in which case they abate in equal proportions between themselves.
(4) Where any payment has been made to any employee of the debtor on account of wages, salary or vacation leave out of money advanced by a person for that purpose, the person by whom the money was advanced —(a)
has, under the debt repayment plan, a right of priority in respect of the money so advanced and paid, up to the amount by which the sum in respect of which the employee would have been entitled to priority under this section has been diminished by reason of the payment; and
(b)
has the same right of priority in respect of that amount as the employee would have had if the payment had not been made.
(5) Where a debt proved by a creditor under a debt repayment scheme includes interest, the interest is to be calculated —(a)
in a case where the rate of such interest was previously agreed or reserved, at the rate previously agreed or reserved; or
(b)
in any other case, at the prescribed rate of interest.
(6) Interest on preferential debts ranks equally with interest on debts other than preferential debts.
(7) In this section —“employee” means an individual who has entered into or works under a contract of service with the debtor and includes a subcontractor of labour;
“ex gratia payment” means an amount payable to an employee on the termination of the employee’s service by his or her employer on the ground of redundancy or by reason of any re‑organisation of the employer, profession, business, trade or work, and “an amount payable to an employee” for these purposes means an amount ascertained from any contract of employment, award or agreement;
“interest” includes any pecuniary consideration in lieu of interest and any penalty or late payment charge by whatever name called;
“preferential debt” means any debt specified in subsection (1);
“retrenchment benefit” means an amount payable to an employee on the termination of the employee’s service by his or her employer on the ground of redundancy or by reason of any re‑organisation of the employer, profession, business, trade or work, and “an amount payable to an employee” for these purposes means an amount ascertained from any contract of employment, award or agreement, or if no amount is so ascertainable, such amount as is determined by the Commissioner for Labour or by an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970;
“wages or salary” includes —(a)
all arrears of money due to a subcontractor of labour;
(b)
any amount payable to an employee on account of wages or salary during a period of notice of termination of employment or in lieu of notice of such termination, whether such amount becomes payable before, on or after the effective date of the debt repayment scheme; and
(c)
any amount payable to an employee, on termination of the employee’s employment, as a gratuity under any contract of employment or any award or agreement that regulates the conditions of the employee’s employment, whether such amount becomes payable before, on or after the effective date of the debt repayment scheme.
Payment and distribution of moneys under debt repayment scheme
Open ↗297.—(1) A debtor to whom a debt repayment scheme applies must make all payments under the debtor’s debt repayment plan to the Official Assignee.
(2) The Official Assignee may, from time to time, subject to the retention of such sums as may be necessary for the costs and expenses of the administration of the debt repayment scheme, and in accordance with section 296, the debt repayment plan and such regulations as may be prescribed, declare and distribute dividends amongst the creditors who have proved their debts under the scheme and whose debts are included in the plan.
(3) No action for a dividend lies against the Official Assignee.
(4) If the Official Assignee refuses to pay any dividend, the Court may, if it thinks fit, order the Official Assignee to pay the dividend, and also to pay out of the Consolidated Fund interest on the dividend for the period that the dividend is withheld and the costs of the application to the Court.
Division 4 — Cessation of debt repayment scheme
Cessation of debt repayment scheme
Open ↗298.—(1) A debt repayment scheme applicable to a debtor ceases —(a)
on the date a certificate of inapplicability of the scheme is issued under section 299;
(b)
on the date a certificate of failure of the scheme is issued under section 300(1);
(c)
on the date a certificate of completion of the scheme is issued under section 301(1), despite any subsequent revocation of the certificate under section 302(1);
(d)
upon the debtor being adjudged a bankrupt under this Act; or
(e)
upon the death of the debtor,
whichever first occurs.
(2) Upon the cessation of a debt repayment scheme, the debt repayment plan under the scheme ceases to have effect.
Certificate of inapplicability of debt repayment scheme
Open ↗299. The Official Assignee must issue a certificate of inapplicability of a debt repayment scheme in respect of a debtor if —(a)
the aggregate of the debts mentioned in section 294(1)(a) and proved under the scheme exceeds, at any time, the prescribed amount mentioned in section 289(2)(a); or
(b)
the aggregate of the debts mentioned in section 294(1)(b) and (c) and proved under the scheme exceeds, at any time, a prescribed amount.
Certificate of failure of debt repayment scheme
Open ↗300.—(1) The Official Assignee may issue a certificate of failure of a debt repayment scheme in respect of a debtor if —(a)
the debtor submits a statement of affairs under section 290, or furnishes any other information or document to the Official Assignee in relation to the debtor’s property, debts or other financial affairs, which is false or misleading in any material particular, or contains any material omission;
(b)
the debtor fails to furnish any information or document relating to the debtor’s property, debts or other financial affairs that the Official Assignee may require;
(c)
subject to subsection (2), the debtor fails to disclose to the Official Assignee the debtor’s property (or any part of the debtor’s property) or the disposal of the debtor’s property (or any part of the debtor’s property);
(d)
the debtor attempts to account for any part of the debtor’s property by fictitious losses or expenses;
(e)
the debtor fails to comply with any term of the debt repayment plan under the scheme;
(f)
the debtor fails without sufficient cause to attend any meeting of creditors convened under section 295;
(g)
the debtor incurs a debt in excess of $1,000 after the effective date of the scheme without disclosing the fact that the debtor is subject to the scheme to the person to whom the debt is owed;
(h)
subject to subsection (4), the debtor has entered into a transaction with any person at an undervalue at any time during the period commencing 3 years before the day on which the relevant bankruptcy application is made against the debtor and ending on the day immediately preceding the completion of the scheme;
(i)
subject to subsection (7), the debtor has given an unfair preference (which is not a transaction at an undervalue) at any time to —(i)
the debtor’s associate during the period commencing 2 years before the day on which the relevant bankruptcy application is made against the debtor and ending on the day immediately preceding the completion of the scheme; or
(ii)
any other person during the period commencing one year before the day on which the relevant bankruptcy application is made against the debtor and ending on the day immediately preceding the completion of the scheme;
(j)
knowing or believing that a false or an inaccurate debt has been claimed by any person under the scheme, the debtor fails to inform the Official Assignee;
(k)
the debtor obtains the approval or modification of the debt repayment plan under the scheme by means of fraud, false representation or the concealment of any material fact; or
(l)
the debtor becomes a sole proprietor, a partner of a firm within the meaning of the Partnership Act 1890 or a partner in a limited liability partnership during the scheme without the consent of the Official Assignee.
(2) Subsection (1)(c), in relation to the disposal of property, does not apply to the payment of ordinary expenses of the debtor and the debtor’s dependants.
(3) For the purpose of subsection (1)(h), a debtor enters into a transaction with a person at an undervalue if the debtor —(a)
makes a gift to that person or otherwise enters into a transaction with that person on terms that provide for the debtor to receive no consideration;
(b)
enters into a transaction with that person in consideration of marriage; or
(c)
enters into a transaction with that person for a consideration the value of which, in money or money’s worth, is significantly less than the value, in money or money’s worth, of the consideration provided by the debtor.
(4) The Official Assignee must not issue any certificate of failure of a debt repayment scheme under subsection (1) in respect of any transaction entered into by the debtor at an undervalue unless the debtor was insolvent at the time the debtor entered into the transaction or became insolvent in consequence of the transaction.
(5) Where a debtor enters into a transaction at an undervalue with a person who is an associate of the debtor (otherwise than by reason only of being the debtor’s employee), the requirements under subsection (4) are presumed to be satisfied unless the contrary is shown.
(6) For the purpose of subsection (1)(i), a debtor gives an unfair preference to a person if —(a)
that person is one of the debtor’s creditors or a surety or guarantor for any of the debtor’s debts; and
(b)
the debtor does anything or suffers anything to be done which has the effect of putting that person into a position which is better than the position that person would have been in if that thing had not been done.
(7) The Official Assignee must not issue any certificate of failure of a debt repayment scheme under subsection (1) in respect of any unfair preference given by a debtor to any person unless the debtor —(a)
was insolvent at the time the debtor gave the preference or became insolvent in consequence of the preference; and
(b)
was influenced in deciding to give the preference by a desire to produce in relation to that person the effect mentioned in subsection (6)(b).
(8) A debtor who has given an unfair preference to a person who, at the time the unfair preference was given, was an associate of the debtor (otherwise than by reason only of being the debtor’s employee) is presumed, unless the contrary is shown, to have been influenced in deciding to give it by such a desire as is mentioned in subsection (7)(b).
(9) The fact that something has been done pursuant to an order of a court does not, without more, prevent the doing or suffering of that thing from constituting the giving of an unfair preference.
(10) For the purposes of this section, a debtor is insolvent if —(a)
the debtor is unable to pay the debtor’s debts as they fall due; or
(b)
the value of the debtor’s assets is less than the amount of the debtor’s liabilities, taking into account the debtor’s contingent and prospective liabilities.
(11) Any question whether a person is an associate of another person is to be determined in accordance with section 364(2) to (10).
Certificate of completion of debt repayment scheme
Open ↗301.—(1) The Official Assignee must issue a certificate of completion of a debt repayment scheme in respect of a debtor if the debtor repays, in accordance with this Part and the debt repayment plan under the scheme, the debtor’s debts which have been proved under the scheme and included in the plan.
(2) Subject to this Act and any other written law, the certificate of completion of the debt repayment scheme, upon being issued, releases the debtor from all the debtor’s debts provable under the scheme except a debt which —(a)
the debtor had failed to disclose to the Official Assignee; and
(b)
in respect of which a proof of debt was not filed under the scheme.
(3) Subsections (2) to (8) of section 397 apply to or in respect of the debtor as if a reference to discharge in those provisions is a reference to the certificate of completion of the debt repayment scheme and a reference to a bankrupt in those provisions is a reference to the debtor.
Revocation of certificate of completion of debt repayment scheme
Open ↗302.—(1) The Official Assignee may at any time, by notice in writing to a debtor, revoke a certificate of completion of a debt repayment scheme issued under section 301(1) in respect of the debtor if the Official Assignee is satisfied that the debtor —(a)
did not to the best of the debtor’s knowledge or belief disclose to the Official Assignee all the debtor’s property or the disposal of the debtor’s property (or any part of the debtor’s property); or
(b)
had obtained the approval or modification of the debt repayment plan under the scheme by means of fraud, false representation or the concealment of any material fact.
(2) Subsection (1)(a), in relation to the disposal of property, does not apply to the payment of ordinary expenses of the debtor and the debtor’s dependants.
(3) Upon the revocation of the certificate of completion of the debt repayment scheme, the debtor’s release from the debtor’s debts under section 301(2) ceases.
Division 5 — Miscellaneous
Duties of debtor
Open ↗303. A debtor must, in addition to any other duty specified in this Part in relation to a debt repayment scheme —(a)
disclose to the Official Assignee —(i)
all the debtor’s property; and
(ii)
the disposal of any of the debtor’s property during the period commencing 5 years before the day on which the relevant bankruptcy application is made against the debtor and ending on the day immediately preceding the completion of the scheme;
(b)
furnish such information or document within such time and in such manner as the Official Assignee or the Appeal Panel may require in relation to the scheme;
(c)
attend any meeting of the debtor’s creditors convened by the Official Assignee under section 291 or 295, and such other meetings as may be required by the Official Assignee, unless prevented by any illness or other sufficient cause;
(d)
examine the correctness of all proofs of debts filed under the scheme and inform the Official Assignee if any person has, to the debtor’s knowledge or belief, made a false or an inaccurate claim;
(e)
discharge the debtor’s obligations under the debt repayment plan under the scheme;
(f)
before incurring any debt in excess of $1,000 after the effective date of the scheme, disclose the fact that the debtor is subject to the scheme to the person to whom the debt is to be owed;
(g)
keep the Official Assignee advised at all times of the debtor’s place of residence and such other contact details as may be required by the Official Assignee; and
(h)
generally do all such acts and things in relation to the scheme as may be reasonably required by the Official Assignee or as may be prescribed.
Appeal Panel and Appeal Panel Committee
Open ↗304.—(1) For the purpose of hearing appeals from the decisions of the Official Assignee under sections 291 and 295, there is to be established an Appeal Panel consisting of such members as may be appointed by the Minister from time to time.
(2) The appointment of the members of the Appeal Panel is for such period and on such terms as the Minister may determine.
(3) The Minister may appoint from amongst the members of the Appeal Panel, for such period and on such terms as the Minister may determine —(a)
a Chairperson of the Appeal Panel; and
(b)
such number of Deputy Chairpersons of the Appeal Panel as the Minister thinks fit.
(4) The Chairperson, Deputy Chairpersons and other members of the Appeal Panel are to be paid such remuneration and allowances as the Minister may determine.
(5) The Minister may at any time revoke any appointment under subsection (2) or (3).
(6) Every member of the Appeal Panel is deemed to be a public servant within the meaning of the Penal Code 1871.
(7) All the powers, functions and duties of the Appeal Panel may be exercised, discharged and performed by an Appeal Panel Committee consisting of such number of members of the Appeal Panel as may be prescribed, at least one of whom is to be the Chairperson or a Deputy Chairperson of the Appeal Panel.
(8) Subject to subsection (7), the members of an Appeal Panel Committee are to be determined by the Minister.
(9) Any act or decision of an Appeal Panel Committee is treated as an act or a decision of the Appeal Panel.
(10) An appeal under section 291(4) or 295(4) —(a)
must be addressed to the Chairperson of the Appeal Panel;
(b)
must provide adequate details of the grounds for the appeal; and
(c)
must be accompanied by the prescribed fee.
Validity of things done under debt repayment scheme
Open ↗305. The cessation of a debt repayment scheme or the revocation of a certificate of completion of the scheme does not affect the validity of anything done under or in relation to the scheme.
Offences
Open ↗306.—(1) Any creditor who makes or submits any claim, proof, declaration or statement of account under a debt repayment scheme which is untrue in any material particular shall be guilty of an offence, unless the creditor satisfies the court that the creditor had no intent to defraud.
(2) Any person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(3) Fines imposed under this section must be paid into the Debt Repayment Scheme Assistance Fund maintained under section 435.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
