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| 1. |
Can my bankruptcy records be expunged?
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Bankruptcy Orders are made by High Court. Notification on bankruptcy orders and discharges are information available in the public domain which the Official Assignee has no power to expunge. However, the Official Assignee will remove the bankruptcy information from our online insolvency search service 6 years after a bankrupt is discharged from bankruptcy.
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| 2. |
How do I self petition for bankruptcy?
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Please note that bankruptcy should be considered as a last resort. There are restrictions imposed on bankrupts eg. Restrictions on travel, managing of business and requirement to account regularly on income and expenditure. There is no automatic discharge from bankruptcy in Singapore. A bankrupt will be discharged only upon satisfying the Official Assignee or the Court having regard to many factors, including the following:
(a) cause of insolvency
(b) amount of contribution into bankruptcy estate
(c) length in insolvency
(d) conduct in insolvency
We do not provide advice on the procedures for filing a self petition. You may wish to refer to the Bankruptcy Rules for the procedures. You can obtain a copy of the Bankruptcy Rules from the Singapore National Printers.
Please be advised not to consider self petition as an option to relieve your financial problems. You may wish to seek assistance from Credit Counselling Singapore for a discussion on how you can reach an amicable settlement with your creditors without resorting to bankruptcy.
In any event, if you require any assistance from the Official Assignee's Pre-Bankruptcy Advisory & Mediation Services, please contact:
Ms Lai Yuen Ling
Individual Insolvency Division
Insolvency & Public Trustee’s Office
Email: lai_yuen_ling@ipto.gov.sg
Tel: (+65) 6325 1465
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| 3. |
Can my creditors still seize my assets while I'm still an undischarged bankrupt?
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No. As a bankrupt, your assets vest in the Official Assignee. Creditors can take no further legal proceedings against you to recover any debts incurred before your bankruptcy. You should advise the creditors to file a Proof of Debt against your bankruptcy estate with the Official Assignee.
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| 4. |
What is the Official Assignee's Role in bankruptcy administration?
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The Official Assignee is a public servant and an officer of the Court. His role is two-fold; to realise all the bankrupt's assets for distribution to his creditors and to assist the bankrupt in obtaining a discharge.
As an administrator of the bankruptcy estate, he also has the duty to investigate a bankrupt's conduct while the latter remains a bankrupt. The duties of the Official Assignee include adjudication of creditors' claims, payment of dividends and assist bankrupts in attaining a discharge from bankruptcy.
In situations where there are disputes between a bankrupt and his creditors regarding the quantum of a debt or the amount of payment of the debt, the Official Assignee will act as mediator to assist in reaching a mutually acceptable proposal.
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| 5. |
What is bankruptcy?
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Bankruptcy is a process where the debtor is publicly recognised to be insolvent. The High Court makes a Bankruptcy Order against the debtor and he is declared a bankrupt if he is unable to pay his debts of at least $10,000.
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