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File for bankruptcy against another party (from 1 April 2022)
Note
This page covers the process to make another party a bankrupt.
- Refer to File for bankruptcy for yourself if you wish to declare yourself as a bankrupt.
- Refer to Respond to a bankruptcy application if you have received a notice about an application made against you
Who can be declared a bankrupt
If someone owes you money, you can apply to make them a bankrupt if the relevant conditions and requirements under Sections 307, 310, 311, 312 and 313 of the Insolvency, Restructuring and Dissolution Act (IRDA) are met.
Generally, you can file a bankruptcy application against an individual (or firm) if they satisfy both of these criteria:
- They owe you at least $15,000 and are unable to repay the amount.
- The individual (or at least one of the partners in the firm) satisfies at least one of the following conditions:
- Is domiciled in Singapore. This means they treat Singapore as their permanent home.
- Has property in Singapore.
- Has, at any time within the period of 1 year immediately before the date of the application, been ordinarily resident or has had a place of residence in Singapore.
- Has, at any time within the period of 1 year immediately before the date of the application, carried on business in Singapore.
Note
There are different ways to show that the debtor is unable to pay the debt. One example is through a statutory demand. Refer to Section 312 of the IRDA for more information.
File for bankruptcy against others step-by-step
This is the process to start proceedings against someone who owes you money. You are the creditor. The party who owes you money is the debtor.
You are filing a creditor's bankruptcy application.
Before filing
Understand what bankruptcy means
Before you file an application, consider the consequences of and alternatives to bankruptcy. You may consider serving a statutory demand on the debtor as a way to show their inability to pay their debts.
When filing
File an application
Find out the documents, fees and process to file an application for a bankruptcy order.
After filing
Attend court
You must attend a court hearing where a registrar will hear the case and make a decision. This may be a bankruptcy order or other orders.
After an order is made
Appeal, if needed
You may file an appeal against a decision by the court in some cases.
2021/07/23
Resources
Legislation associated with this topic include:
- The Insolvency, Restructuring and Dissolution Act, particularly Parts 13 to 22.
- The Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules.
- The Insolvency, Restructuring and Dissolution (Debt Repayment Scheme) Regulations.
- The Insolvency, Restructuring and Dissolution (Voluntary Arrangements) Regulations.
Related questions
Yes. If you want to file a bankruptcy application against a firm, all of the following criteria must apply:
- The firm must be unable to repay debts of $15,000 or more.
- At least one of the partners in the firm fulfils at least one of the following criteria:
- Is domiciled in Singapore. This means they treat Singapore as their permanent home.
- Has property in Singapore.
- Has, at any time within the period of 1 year immediately before the date of the application, been ordinarily resident or has had a place of residence in Singapore.
- The firm has, at any time within the period of 1 year immediately before the date of the application, carried on business in Singapore.
Refer to Sections 307, 310, 311, 312 and 313 of the Insolvency, Restructuring and Dissolution Act (IRDA), particularly Sections 307(1)(b) and 307(2) for more information.
Note: A firm and a company are different legal entities. For information on insolvency cases for companies, find out more about company winding up.
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