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What annulment of bankruptcy means

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:

  • Annulment by the courtThe General Division of the High Court may annul a bankruptcy order according to Section 392 of the Insolvency, Restructuring and Dissolution Act (IRDA).
  • Annulment by the Official AssigneeThe Official Assignee may issue a certificate of annulment if it appears to the Official Assignee that the debts which have been proved and the expenses of the bankruptcy have all been paid since the making of bankruptcy order. Refer to Section 393 of the IRDA for more information.

Apply for annulment by the court

The court may annul a bankruptcy order if any of the conditions under Section 392(1) of the IRDA are met. Examples include:

  • The order ought not to have been made, based on any ground (reason) existing at the time the order was made.
  • Since the making of the order, both the debts and the expenses of the bankruptcy have all either been paid or secured for to the court's satisfaction, to the extent required by the regulations.

Refer to Section 392 of the IRDA for more information

When to apply

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.

What you will need

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.

Estimated fees

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

Fee

File an application to annul a bankruptcy order

$20

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.

How to apply

If you are not represented by a lawyer, follow these steps to file your application in the General Division of the High Court:

Step

Result

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.

1. File the documents via eLitigation

Visit the LawNet & CrimsonLogic Service Bureau to file your prepared documents.

2. Collect the endorsed 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.

3. Serve the documents

You must serve a sealed copy of the application and a copy of the supporting affidavit personally on the trustee.

After you file

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.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

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