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What discharge from bankruptcy means

Discharge means being released from bankruptcy.

There are 2 ways for a bankrupt to be discharged (released) from bankruptcy:

Apply for discharge by the court

The court may issue an order of discharge according to Section 394 of the IRDA.

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 for an order of discharge

$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 apply

You must attend the hearing on the appointed date and time. The court will usually schedule this within 4weeks 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.

Note: If you have committed an offence mentioned in Section 394 (4) of the IRDA, the court may refuse to discharge you from bankruptcy, or make a discharge order subject to certain conditions. Refer to Section 394 (4) of the IRDA for more information.

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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