Duties of bankrupt
s 399
Open ↗399.—(1) A bankrupt must, in addition to any other duty specified in Parts 3 and 13 to 21 —(a) make discovery of and deliver all of the bankrupt’s property that is under the bankrupt’s possession or control to the Official Assignee; (b) deliver to the Official Assignee all books, records, documents, writings and papers, including (but not limited to) any document or deed of title, insurance policy, tax record or return, and any copy of any such document, deed, policy, record or return in any way relating to the bankrupt’s property, affairs, current employment status and employment history;[Act 1 of 2023 wef 01/11/2023] (c) at such time and place as may be fixed by the Official Assignee, attend before the Official Assignee and answer such questions as the Official Assignee may put to the bankrupt with respect to the bankrupt’s affairs, dealings, property, current employment status and employment history and the causes of the bankrupt’s bankruptcy;[Act 1 of 2023 wef 01/11/2023] (d) make or give all the assistance within the bankrupt’s power to the Official Assignee in making an inventory of the bankrupt’s assets; (e) disclose to the Official Assignee all property disposed of within such time preceding the bankruptcy as the Official Assignee may require, and how and to whom and for what consideration any part of such property was disposed of, except such part as had been disposed of in the ordinary manner of trade or used for reasonable personal expenses; (f) disclose to the Official Assignee all property disposed of by gift or settlement without adequate valuable consideration within the 5 years immediately preceding the bankruptcy; (g) attend any meeting of the bankrupt’s creditors as may be convened by the Official Assignee under section 330, unless prevented by sickness or other sufficient cause and submit to examination at the meeting; (h) when required, attend any other meeting of the bankrupt’s creditors; (i) aid the Official Assignee in the realisation of the bankrupt’s property and the distribution of the proceeds among the bankrupt’s creditors; (j) execute such powers of attorney, conveyances, deeds and instruments as may be required by the Official Assignee; (k) examine the correctness of all proofs of claims filed, if required by the Official Assignee; (l) in case any person has to the bankrupt’s knowledge filed a false claim, disclose the fact immediately to the Official Assignee; (m) disclose to the Official Assignee any matter in respect of which the bankrupt is or may become a defendant or respondent in proceedings (including criminal proceedings), to such extent as the Official Assignee may require; (n) generally do all such acts and things in relation to the bankrupt’s property and the distribution of the proceeds among the bankrupt’s creditors as may be reasonably required by the Official Assignee or prescribed by the regulations or directed by the Court by any order on any application by the Official Assignee or by any of the bankrupt’s creditors; and (o) until the bankrupt has been discharged from bankruptcy, keep the Official Assignee advised at all times of his or her place of residence or address and such other contact details as may be required by the Official Assignee. (2) Where a bankrupt has changed his or her residential address and has made a report of the change under section 10 of the National Registration Act 1965 —(a) the bankrupt is deemed to have informed the Official Assignee of the change of his or her residential address in compliance with subsection (1)(o); and (b) the new residential address as reported by the bankrupt under section 10 of the National Registration Act 1965 is, unless the bankrupt informs the Official Assignee in writing to the contrary, deemed to be the bankrupt’s last known address for the purpose of subsection (3). (3) Any notice or process given to or served upon the bankrupt at his or her last known address is deemed to have been duly given or served and is conclusive evidence of the fact of service.