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Singapore’s Bankruptcy Jurisdiction and the Absconding Debtor

Tay Yong Seng & Jonathan Chan Tuan San

(2016) 28 SAcLJ 242

Abstract:
When businesses fail, it is not unheard of for businesspersons to abscond from the jurisdiction or to hide behind corporate vehicles, leaving debts unsatisfied. This article is concerned with the reach of Singapore’s bankruptcy courts over the “absconding debtor”, a person who deliberately keeps out of Singapore to avoid his creditors. The Singapore bankruptcy courts have not had much opportunity to deal with the absconding debtor. On the other hand, the English, Hong Kong, and Australian courts have interpreted their own bankruptcy jurisdiction provisions widely to address the mischief of the absconding debtors. This article will argue that their approach is consistent with our own bankruptcy legislation and may be considered by the Singapore courts in dealing with the absconding debtor.