An application has to be filed with the High
Court in the following manner:
Obtain the relevant forms for:
(a) the Debtor’s Bankruptcy Application;
(b) the Affidavit in Support of Debtor’s Bankruptcy Application;
(c) the Statement of Affairs; and
(d) the Affidavit Verifying Statement of Affairs.
As provided in Rule 2A of the Bankruptcy (Amendment) Rules 2016, the forms are
set out on the Internet website of the Ministry of Law. Please click on https://www.mlaw.gov.sg/content/io/en/bankruptcy-and-debt-repayment-scheme/bankruptcy/forms1.html.
Complete the relevant forms (all forms have to be typed except for the
Statement of Affairs which can be handwritten). Do not sign on both the
Affidavit in Support of Debtor’s Bankruptcy Application and the Affidavit
Verifying Statement of Affairs yet (See Step 4 below).
Proceed to the Insolvency Office managed by the Ministry of Law to place a bankruptcy deposit of $1,850 with the
Official Assignee. The Insolvency Office will issue you with a temporary
Insolvency Office is located at 45 Maxwell Road #07-11 The URA Centre (East Wing)
Bring the temporary receipt and completed documents to the Supreme Court’s
Legal Registry located at Level 2 of the Supreme Court and then proceed to the
Cashier’s Counter to make payment of the prescribed stamp fees/Commissioner for
Proceed to swear or affirm the Affidavit Verifying Statement of Affairs and the
Affidavit in Support of Debtor’s Bankruptcy Application before a Commissioner
for Oaths (located at Level 3M of the Supreme Court). The Commissioner for
Oaths will sign and stamp on the documents.
Proceed to the LawNet Service Bureau (located at Level 1 of the Supreme Court)
to file all documents through eLitigation after payment of the prescribed fees.
The LawNet Service Bureau will inform you when to return to collect your
documents. Upon collection of the documents, the date and time for the hearing
of your application will be printed on your application.
You must attend the hearing on the appointed date and time. If you are unable
to do so, you must write to the Registrar of the Supreme Court immediately to
request for a later hearing date and state the reasons for your request.
If you filed a Debtor’s Bankruptcy Application
but do not attend the bankruptcy hearing, the application may be adjourned to a
later hearing date or dismissed by the court. If the application is dismissed
and you still wish to have yourself made bankrupt, you will have to file a
fresh Debtor’s Bankruptcy Application and pay a fresh set of filing and
If a creditor applied to make you bankrupt and
you do not attend the hearing, a bankruptcy order may be made against you in
your absence, unless the creditor asks the court to hear the application on a
later date instead.
If you are dissatisfied with a bankruptcy
order made against you, a Registrar’s Appeal will have to be filed to Court
within 14 days from the date of the bankruptcy order.
In addition, if you are seeking a stay on the
bankruptcy order, you will have to file a Summons (Bankruptcy) with an
Affidavit (Bankruptcy) to Court as well.
A sample of the documents can be obtained from
the Supreme Court’s Legal Registry (Trials and Insolvency Counters) located at
Level 2 of the Supreme Court. The Affidavit (Bankruptcy) has to be sworn or
affirmed before a Commissioner for Oaths (located at Level 3M of the Supreme
Court) before it can be filed.
Proceed to the LawNet Service Bureau (located
at Level 1 of the Supreme Court) to file all documents through eLitigation
after payment of the prescribed fees. The LawNet Service Bureau will inform you
when to return to collect your documents. Upon collection of the documents, the
date and time for the hearing of your application will be printed on your
After filing, you have to serve the documents
on your creditor and the Official Assignee. At the hearing, the court will
determine the merits of your appeal and application, if any.
Taxation is a process whereby the Court considers a bill of costs that is filed to the court for assessment. The bill of costs may be in respect of costs to be paid by a client to his or her solicitor (i.e. Solicitor-and-Client costs), or in respect of costs ordered by the court to be paid by one party to another party (i.e. Party-and-Party costs). Each disputed item in the bill of costs is determined by the Taxing Master after hearing the parties’ objections and submissions.
The amount of costs allowed is at the Taxing Master’s discretion, subject to any order of court. In exercising this discretion, the Taxing Master will have regard to all relevant circumstances, in particular:
(a) the complexity of the cause or matter and the difficulty or novelty of the questions involved;(b) the skill, specialised knowledge and responsibility required of, and the time and labour expended by the solicitor;(c) the number and importance of the documents (however brief) prepared or perused;(d) the place and circumstances in which the business concerned was transacted;(e) the urgency and importance of the cause or matter to the client; and(f) where money or property is involved, the amount of money or the value of the property in question.
A Debtor’s Bankruptcy Application is one which
is filed by a debtor to make himself/herself a bankrupt.
A Creditor’s Bankruptcy Application is one
which is filed by a creditor to make a debtor bankrupt.