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Legal guides written by Silvester Legal LLC:
Clarke Quay, Singapore Attorneys in related practice areas.
Bankruptcy and debt law in Singapore is reliant on the Bankruptcy Act and Insolvency Act. These laws provide the legal framework for the treatment and management of individuals and companies that are unable to repay their obligations and debts, which is critical in maintaining the country's financial health. The insolvency process is mainly orderly and fair to affected individuals or businesses in Clarke Quay, Singapore, ensuring that creditors regain their losses as much as possible.
Several scenarios may necessitate the involvement of a lawyer. As an individual, you may require a lawyer if you cannot pay your debts, and you're contemplating to file for personal bankruptcy, or if your creditors are forcing bankruptcy upon you. Companies also need legal advice when they cannot repay their loans and are considering corporate insolvency procedures. Legal aid is also essential to creditors looking forward to collecting a debt from an insolvent individual or business.
The Bankruptcy Act in Singapore focuses on individual debtors who have bankrupted due to an inability to settle their financial obligations. A debtor is considered bankrupt if they owe more than S$15,000. The Insolvency Act, on the other hand, generally covers corporate debtors and judicial management, a process that involves the court appointing a judicial manager to save a company at risk of insolvency.
Yes, there are alternatives to bankruptcy, including a Debt Repayment Scheme, where an official assignee helps in creating a repayment scheme between you and your creditors, allowing you to repay within a five-year period.
The process involves filing a bankruptcy application in court, either by the debtor or the creditors, after which the court decides whether to approve or reject the application based on the circumstances.
A bankrupted person is generally allowed to travel overseas but only with the permission of the Official Assignee.
Bankruptcy can impact various aspects of your life, including your ability to get loans, job opportunities in certain fields, and your reputation. Additionally, some of your assets may be sold to repay your debts.
Discharging from bankruptcy requires you to repay your debts. However, if repayment is not possible, you can receive an automatic discharge after a certain period or a court order upon the fulfilment of specific conditions.
Key resources that can assist during such trying times include the Insolvency Office, the official adjudicator of insolvency and bankruptcy proceedings, and Credit Counselling Singapore, a non-profit organization providing counselling and education on personal financial management.
If you require legal assistance in bankruptcy and debt, the essential first step is to consult a lawyer specialized in bankruptcy and insolvency law. Following the initial consultation, which will help you understand better your situation, you and your lawyer can decide on the best course of action given your circumstances.