An annulment of a bankruptcy order cancels the order, such that it appears as if the bankruptcy order was never made.
There are 2 ways to annul a bankruptcy order:
The court may annul a bankruptcy order if any of the conditions under Section 392(1) of the IRDA are met. Examples include:
Refer to Section 392 of the IRDA for more information
An application to annul a bankruptcy order under Section 392(1)(a) of the IRDA must be made to the court within 12 months after the making of the bankruptcy order, unless the court gives leave for the application to be made later.
For all other applications to annul a bankruptcy order, there is no specific timeframe to apply.
You will need to prepare the following documents:
Note: You must swear or affirm the affidavit before a Commissioner for Oaths (CFO). You should only sign the affidavit when you are in the presence of a CFO. Find out how to arrange for CFO services if you are not represented by a lawyer.
Refer to the Third Schedule of the Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules for the full list of fees. Examples of some of the fees include:
Item or service
File an application to annul a bankruptcy order
File an affidavit
$1 per page (including any exhibits)
Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau, such as transmission and processing fees for applications filed through the LawNet & CrimsonLogic Service Bureau and its handling fees.
If you are not represented by a lawyer, follow these steps to file your application in the General Division of the High Court:
|1. File the documents via eLitigation|
Your application is filed in the court.
|2. Collect the endorsed documents|
You receive a copy of the application documents that have been endorsed by the court.
|3. Serve the documents|
You inform the trustee of your application.
Visit the LawNet & CrimsonLogic Service Bureau to file your prepared documents.
The Service Bureau will notify you via email or SMS of whether your application documents have been accepted by the courts.
If the court accepts your application documents, you will be asked to return to the Service Bureau to collect an endorsed copy of the documents. This will include the date and time of a hearing that you must attend.
You must serve a sealed copy of the application and a copy of the supporting affidavit personally on the trustee.
You must attend the hearing on the appointed date and time. The court will usually schedule this within 2 weeks from the date of filing of the application.
Tip: If you are unable to attend, you must make a request to change the court date, which is subject to the court's approval.
At the hearing, the court will determine the merits of your application and decide whether to allow or dismiss it.