An annulment of a bankruptcy order has the effect of putting the debtor in the same position as if no bankruptcy order has been made against him, but it does not release the debtor from any provable debts which have not been filed against him when the bankruptcy was in force.
There are generally 2 ways to annul a bankruptcy order:
Alternatively, if a bankrupt makes a proposal for a composition in satisfaction of the debts due under bankruptcy or for scheme of arrangement of the bankrupt’s affairs, and if the composition or scheme is accepted by all creditors, the Official Assignee may annul the bankruptcy order by issuing a certificate of annulment under section 358(1)(b) of the IRDA. If the composition or scheme is accepted by a majority (in number) of the creditors representing at least 75% of the total debts owed, the Official Assignee may discharge the bankrupt by issuing a certificate of discharge under section 358(1)(a) of the IRDA.
Please visit the Ministry of Law Insolvency Office for more information on discharge from bankruptcy.
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 permission 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.
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.