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Before you file

Before filing an application for a bankruptcy order, make sure you:

What you will need

Prepare the following documents in the First Schedule of the Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules.

Each form is available as a Word document. You can complete the soft copy, then print and submit the hard copies at the Service Bureau (Supreme Court, Level 1).

Note

Before submitting PIR-10 and PIR-12 at the Service Bureau, you must swear or affirm the affidavits before a Commissioner for Oaths (CFO). Only sign the affidavits in the presence of a CFO. If you are not represented by a lawyer, find out how to arrange for CFO services.

For a simple overview of the bankruptcy process, read The Bankruptcy Process in 6 Steps – A Guide for Self-Petition for Bankruptcy.

Refer to the downloaded form and complete the relevant paragraph as follows.

Paragraph 1

State which of the following is applicable to you:

  • You are domiciled in Singapore. This means you treat Singapore as your permanent home.
  • You have property in Singapore.
  • You have been ordinarily resident or had a place of residence in Singapore at any time within the period of 1 year before the date of the application.  
  • You have carried on business in Singapore at any time within 1 year before the date of the application.

You must also state that you owe at least $15,000 and are unable to repay the amount.

Paragraph 4

There are 2 versions of the text. Select the version that applies to you based on whether you believe the Debt Repayment Scheme applies to you.

Read paragraphs 4(a) to 4(j) of both versions carefully and delete the fields that do not apply to you.

Paragraph 6

State whether the Official Assignee or a licensed insolvency practitioner has consented to being appointed as the trustee of your bankruptcy estate. 

If a licensed insolvency practitioner’ is being as the trustee, you must attach a copy of their licence granted under section 53 of the Insolvency, Restructuring and Dissolution Act. 

Estimated fees

For the full list of fees, see the Third Schedule of the Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules. The estimated fees include:

Item or service

Fees

File a bankruptcy application

$60

File an affidavit

$1 per page (including any exhibits)

File a Statement of Affairs

$5

Deposit paid to the Official Assignee

$1,850

Note

How to file a debtor's bankruptcy application

You can file the application yourself or through a lawyer. If you are represented by a lawyer, the lawyer will file the application for you.

If you are representing yourself, follow these steps to file your application in the General Division of the High Court.

Step

Result

1. Place a deposit with the Official Assignee

The Official Assignee receives the deposit and issues a receipt.

2. Get a licensed insolvency practitioner's consent to be nominated as the private trustee in bankruptcy

You obtain the licensed insolvency practitioner's unqualified written consent to act as trustee and a copy of their licence.

3. File the documents via eLitigation

Your application is filed with the court.

4. Collect the endorsed documents

You receive a copy of the application documents that have been endorsed by the court.

Note

All forms must be typed except for the Statement of Affairs, which can be handwritten.

You need to place a bankruptcy deposit of $1,850 with the Official Assignee.

Make the payment through the Ministry of Law's eCollection Portal.

Bankruptcy cases are to be handled by private trustees in bankruptcy, except where the Official Assignee considers that there is public interest and consents to be appointed as the trustee in bankruptcy.

The court hearing a bankruptcy application will not make a bankruptcy order if neither a licensed insolvency practitioner nor the Official Assignee has consented to act as the trustee in bankruptcy.

Before filing the bankruptcy application, obtain the written unqualified consent of a licensed insolvency practitioner. The consent must state that the licensed insolvency practitioner consents to act as the trustee of the bankrupt's estate pursuant to Section 318A(a) of the Insolvency, Restructuring and Dissolution Act.

Find out more about applying for bankruptcy on the Ministry of Law website, which links to the list of insolvency practitioners who can be trustees in bankruptcy.

Visit the Service Bureau (Supreme Court, Level 1) to file the following documents via eLitigation:

  • All the forms that you have prepared for your application.
  • The receipt for your deposit payment.
  • The licensed insolvency practitioner’s written consent.
  • A copy of the licensed insolvency practitioner’s licence granted under Section 53 of the Insolvency, Restructuring and Dissolution Act.
Note
You can file a debtor's bankruptcy application at the Service Bureau (Supreme Court, Level 1) using the Drop and Go service, without booking an appointment.

If your forms are complete and correctly prepared, you can submit them at the counter and leave without waiting for your filing to be processed. You need to submit your forms by 3.30pm.

Before your visit, use the step-by-step filing guide for debtor's bankruptcy applications to find out which forms to prepare, how to complete them, and the fees payable.

The Service Bureau will notify you by email or text message whether the court has accepted your application documents.

If the court accepts your application documents, the Service Bureau will ask you to return to collect an endorsed and sealed copy. The endorsed copy will state the date and time of the hearing you must attend.

    After you file

    You must attend the hearing on the scheduled date and time. Find out what happens at a bankruptcy hearing.

    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.


    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

    Resources

    Related questions

    If you are filing a bankruptcy application against your firm, you can generally follow the same steps provided that the application is made by all the partners in the firm or a majority of such partners who are residing in Singapore at the time of the application

    However, you need to submit all of the following statements together with your application:

    • A statement containing the particulars of your firm’s assets, creditors, debts and other liabilities as may be prescribed.
    • A Statement of Affairs of each of the firm's partners who are making the bankruptcy application. Each document should contain the particulars of each partner’s assets, creditors, debts and other liabilities as may be prescribed.
    • A statement containing such other information as may be prescribed.

    Note: A firm and a company are different legal entities. For information on insolvency cases for companies, find out more about company winding up.

    The deposit of $1,850 will not be refunded to bankrupts who have applied for their own bankruptcy.

    If the bankruptcy application is dismissed by the court or if it is withdrawn, the Official Assignee will retain $50 as preliminary administration costs and refund $1,800 to the applicant who has filed the bankruptcy application. Refer to the Ministry of Law's website for more information.

    You can choose whether to inform your creditors. The law does not require you to do so.

    No. Filing a bankruptcy application does not stop other court actions. However, if your application is approved and you are declared bankrupt, court actions against you cannot continue unless the court gives permission, subject to any terms it imposes. Find out more in Section 327 of the Insolvency, Restructuring and Dissolution Act.

    2021/07/23

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