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Serious Rate of Bankruptcy Discharge at Record High - Really?

Boss_555

Alfrescian
Loyal
Our MSM has reported on 17 Feb that bankrupts have been discharged at record rate in 2016 attributing to reasons which are not entirely true. In fact the article appears to have hidden agenda putting feathers in the cap of Official Assignee office when they are really cowgrass blades or torns – the situation there is in fact in a mess and chaotic. Like many fake news we are bombarded with, news are scrubbed to give unsuspecting shine and glow to the audience locally and globally - fake news?

Why and how so?

1.OA Staffing: over the decades while bankruptcy cases grew, manpower at Insolvency Office remained static. Worse, the quality of operatives deteriorated from bad to worse with weak supervision and control plus unmotivated attitudes. They are under qualified and unskilled. A visit to the office will give impression of the people and atmosphere there. It is therefore not surprising that when highest level edicted to forcefully increase bankruptcy discharges, the criteria are geometricall relaxed with the floodgates opened wide letting escaped the undeserving and diehard cheats cum bankrupts… resulting in recent years of many undeserved get discharged in gross unfairness to judgement creditors; unfortunately in the process discrediting the standing of Singapore as a trusted Financial Hub with proclaimed strong protections for lenders and creditors. Now it is another Caveat Emptor!

2.OA office is supposed to be neutral and fair-handed to both bankrupts and creditors. But in practice it is not the case. For all intent and purpose, OA champions the sole interest the bankrupts while all creditors (except govt. agencies) are the adversaries. To get bankrupt’s declaration and particulars, creditor has to pay >$1 per page (incl, blank page!) even though the judgement debt may be to the tune of hundred or thousands of dollars. One still has to pay and pay this fee, that levy etc...

3.More often than not bankrupts are treated extremely leniently. There are cases of contribution to creditors’ fund of $50 monthly even when bankrupt may be earning $3000 OR $150 when earning $7500. Upon questioning, the bankrupt will claim they now have to support their parents and parents in law ( most of whom are rich or at least asset rich and have other offsprings who are capable of supporting them) whereas past claims/deductions were due to financial support to his children now grown and married with good paying jobs BUT do not contribution to match the bankrupt’s fund hijacked from his judgement creditors. OA does not see it fit to question the sanity of such revolving door gimmick clearly designed to deny paying creditors a single cent. And when there are some money in the bankrupt estate fund, IRAS, CPF, OA take their creamoff before judgement creditors. IS this fair? More often than not after govt agencies get fully paid, OA for champion the bankrupt’s application for a discharge even though the judgement debt is 99% unpaid! There is proof that our bankruptcy laws are not serving judgement creditor but the bankrupt and govt. What sort of law is that? They must be changed to protect and truly serve the judgement creditors who are bona fide stalkholders of our Financial Hub system.

4.Further it is not uncommon to see bankrupts discharged even though they have violated OA rule of approval prior to travel. Many travelled in excess of 20times without OA approval per insolvency record and yet gethappily discharged – which maily depends on co operation given by the bankrupts: who sort of co operation is that? What signal are we sending to the bankrupts? There are also cases of bankrupts lying in their affidavits under oath which are published and OA office is fully aware of the perjury and yet the perjurer gets a discharge without being charged for criminal offence committed. Again what sort of message are we sending to our bankrupts?? That they are above the law or it is okay to perjure OR go ahead and game the system?? Very often upon bankruptcy the bankrupts disposed assets like gold, jewelleries and unrecorded assets including biz inventories etc… these are never pursued even thought the sums are huge and can pay off some creditors.

5.OA’s Field Enforcement unit was mysteriously shuttered. Information given about bankrupt’s infractions and illegal activities are always bounced back with demand that proof be furnished even to the extent that whistle blower paying PI to get them and serve the particulars on a platter to the OA office. In most cases creditors have lost millions but they are dragged thru the m&d by the staff in OA cosy airconditioned office. Why is this important avenue sealed off with the yoike squarely on creditor's shoulder……. Just because it does not answer to the public esp creditors? OA office is ISO certified, what sort of certification is that when it is not even discharging its basic function of ensuring bankruptcy is managed in a fair and balanced manner? Shouldn’t it be re-named Bankrupts Protection Office?

OTHERS

Straits Times, below-captioned article, wrote about the matter. While some are factual, the accompanying factors are either mis-interpreted or tweaked to make or govt/agency look greater than it actually is. Even when foreign banks having lost millions in loans to the bankrupt will have its objection to bankruptcy discharge denied………. Even when bankrupt is a repeat bankrupt; guilty of perjury and having been non-cooperative to bankruptcy management.
DO we need these bankruptcy laws? Or are they decorative in intent?Hence, Investors/Lenders esp in the Financial Hub in Singapore must be made aware that our investor protection laws are not what you assume to be.


Extracts from Shit Times.....

Straits Times FEB 17-BANKRUPTS HERE DISCHARGED AT RECORD RATE IN 2016
More bankrupts were discharged last year than at any time in a single year as the Insolvency Office upped its efforts to help deserving cases. This happened before a new framework kicked in last August which, among other things, raised the minimum debt that needs to be owed before a person may be made bankrupt, from $10,000 to $15,000.
Last year, some 4,359 individuals were released from their debts, up from 3,499 in 2015.
Responding to queries from The Straits Times, the Law Ministry (MinLaw) said the record number was the result of the Insolvency Office increasing its efforts to discharge deserving cases from bankruptcy before the implementation of the Differentiated Discharge Framework.
Besides the new minimum debt level, the framework creates a more rehabilitative regime and sets out fixed exit points for bankrupts to be discharged. If prescribed conditions are satisfied, first-time bankrupts can generally be discharged between five and seven years.
"These clear timeframes will give bankrupts an incentive to adhere to their payment plan, their conditions of bankruptcy, and seek gainful employment as a means of achieving their discharge," said the Insolvency Office we…
Number of individuals who were released from their debts last yearRepeat bankrupts will generally be eligible for discharge within seven to nine years. For applications made from Aug 1 last year, bankrupts are discharged either by the High Court, which has to be satisfied by the grounds presented during the hearing, or by the Official Assignee (OA). The OA has to certify that the bankrupt has met the relevant term in bankruptcy and paid the total contributions in full, among other things>>>> this is on paper but no practised
Around 1,800 people fall into bankruptcy a year, said MinLaw.
"The OA will manage the cases to ensure a certain level of parity in the treatment of existing and new bankrupts, while balancing the interests of the creditors and the bankrupts. Cases most likely to get discharged would be those where the bankrupts have been cooperative and where all administrative matters have been concluded," it added. >>>>>>>>Again this is hardly the case. The edict is reduce that backlog of bankrupt cases at all cost!!
The main reasons for bankruptcies include overspending, business failure and unemployment, said MinLaw.
In addition to moves by the OA to rehabilitate bankrupts, the Community Justice Centre (CJC) set up a satellite office - launched last month - at the Supreme Court.
Volunteer lawyers are available there on Thursdays for a start, as many bankruptcy cases are heard on that day, said CJC executive director Leonard Lee. The move comes as more people are seeking legal advice from the CJC - an independent charity - on bankruptcy issues.
There were 2,704 bankruptcy applications made by individuals last year, up from 2,587 in 2014, according to MinLaw statistics.
CJC saw 61 such cases in the second half of last year at the State Courts, under its on-site legal advice scheme. This is an increase from the 49 cases it saw from January to June that year.
In one instance, a man's company was sued by his creditor after his employee leased a car in his firm's name for $61,000, said Mr Lee. The employee, who was also his friend, signed the agreement without the company's official stamp while the owner was away for more than two months. The employee then went missing.
In visiting the CJC, the business owner sought advice on whether his bank loans would be affected by the bankruptcy claim and his next course of legal action. A lawyer advised him accordingly.
Lawyer Rajan Chettiar, who has been volunteering with the CJC at least once a month for three years, said the new centre is helpful as individuals filing for bankruptcy likely cannot afford a lawyer.
He said demand for such legal advice may continue to increase.
"Times are bad, and many people cannot pay off their debts," he added. "Filing for bankruptcy can be one of the better ways out so they don't have to deal with creditors, but the challenge is the consequences. In a month, we receive at least five new callers at our law firm enquiring about bankruptcy and this has been consistent in recent years.".........
 
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Leckmichamarsch

Alfrescian
Loyal
Our MSM has reported on 17 Feb that bankrupts have been discharged at record rate in 2016 attributing to reasons which are not entirely true. In fact the article appears to have hidden agenda putting feathers in the cap of Official Assignee office when they are really cowgrass blades or torns – the situation there is in fact in a mess and chaotic. Like many fake news we are bombarded with, news are scrubbed to give unsuspecting shine and glow to the audience locally and globally - fake news?

Why and how so?

1.OA Staffing: over the decades while bankruptcy cases grew, manpower at Insolvency Office remained static. Worse, the quality of operatives deteriorated from bad to worse with weak supervision and control plus unmotivated attitudes. They are under qualified and unskilled. A visit to the office will give impression of the people and atmosphere there. It is therefore not surprising that when highest level edicted to forcefully increase bankruptcy discharges, the criteria are geometricall relaxed with the floodgates opened wide letting escaped the undeserving and diehard cheats cum bankrupts… resulting in recent years of many undeserved get discharged in gross unfairness to judgement creditors; unfortunately in the process discrediting the standing of Singapore as a trusted Financial Hub with proclaimed strong protections for lenders and creditors. Now it is another Caveat Emptor!





What an eye opener!!

How often we get hoodwinked by our MSM like this one???????????????

System breakdown like that is much worse than MRT faults which surface immediately vs swept under the carpet or worse get transformed from shit to rose.............terrible
Under PAP everything gone bad!!!!
 

virus

Alfrescian
Loyal
it is possible if i set a cut off date that debts r no longer recoverable and must be legally forgiven. massive old debts would cease and bankrupt debtors no longer obliged to honor anything.
 

scroobal

Alfrescian
Loyal
If their performance did improve there should not be any problem putting a series of figures behind their claim as we talking financials. No figures in terms of sum recovered etc. Thats like FAS claiming that as an organisation they have improved over the years.
 

Boss_555

Alfrescian
Loyal
OPEN LETTER TO THE MINISTER OF LAW

Dear Minister Shanmugam:

I refer to the details relating to recent bankruptcy discharges. It raises serious concerns as listed below:

1. Is there under-staffing in Insolvency Office plus unqualified personnel handling bankruptcy matters resulting in poor management of bankrupts to the gross disadvantage of judgement creditors? If so what is being done about it?

2. Why are governmental agencies like IRAS, CPF, OA, etc paid first before judgement creditors who afterall has paid for and seeded the entire matter? Without creditors there is NO banckruptcy case which leads to NO debt recovery. At best these agencies can rank pari pasu to judgement creditors NOT ahead of them making our bankruptcy laws subject of joke in financial circle.

3. After preferred “creditors” in government are paid, there is no longer incentive but for OA to push for discharge of bankrupts even though there is little or no payment to bona fide creditors. Is this fair especially there are also expenses incurred during bankruptcy.

4. Is it true that creditors, besides provision of tipoffs are required to furnish proof of PI quality/standard to the OA office? Why is the Field Enforcement Unit in OA office dismantled when there is still a need for it?

5. There were cases of bankrupts being discharged despite breaking serious OA rules regarding overseas travel without OA approval. Why have such rule when the infraction does not count as NO cooperation given to OA which is one cardinal criterion for discharge?

6. When OA is made aware with clear evidence of lying under oath in bankrupt’s affidavits will his discharge still proceed? Will OA as an arm of mLaw take action forward matter for action to be taken against the recalcitrant bankrupt for criminal offence of PERJURY?? If so how many bankrupts have been convicted?

7. In most big cases of bankruptcy there are residue assets. How, if at all, are the asset inventoried and acted upon? If not why not? If so, does OA publish report?

8. Does it make sense that a bankrupt earning $3000 and $8000 pays only$50 & $1500 to the bankruptcy estate?
Also when there was consideration given to support bankrupt's children who later grew up, got married and became gainfully employed why is there no reciprocal arrangement for the children to help pay contribution increase? When children grow up are bankrupts allowed to bring in, in somewhat revolving door fashion, parents, parents-in-laws, grandparents etc to take the places of their children? Whole purpose is to deny creditors of fair payment. Our system is both deaf or silent on this.

9. We are a Financial Hub and this sort of bankruptcy laws/management do not inspire investors/lenders who may be foreigners - people we hope gain confidence in us and invest more funds thinking their rights are protected as was given to understand. Is the truth far from it?


Yours truly
Puzzled & Frustrated
 

Boss_555

Alfrescian
Loyal
Boss_55 8. Does it make sense that a bankrupt earning $3000 and $8000 pays only$50 & $1500 to the bankruptcy estate?[/I said:
[/B] Also when there was consideration given to support bankrupt's children who later grew up, got married and became gainfully employed why is there no reciprocal arrangement for the children to help pay contribution increase? When children grow up are bankrupts allowed to bring in, in somewhat revolving door fashion, parents, parents-in-laws, grandparents etc to take the places of their children? Whole purpose is to deny creditors of fair payment. Our system is both deaf or silent on this.

9. We are a Financial Hub and this sort of bankruptcy laws/management do not inspire investors/lenders who may be foreigners - people we hope gain confidence in us and invest more funds thinking their rights are protected as was given to understand. Is the truth far from it?


Yours truly
Puzzled & Frustrated



Para 8 should read $150 instead of $1500 which is an error...... in any case NO such luck & OA dorks not sure smart ... yet
 

mojito

Alfrescian
Loyal
If their performance did improve there should not be any problem putting a series of figures behind their claim as we talking financials. No figures in terms of sum recovered etc. Thats like FAS claiming that as an organisation they have improved over the years.

Silly man lah you scroobal! Too favour creditors people complain stifle risk taking. Too favour debtors got people complain too lenient on bankrupt? Where got such thing? Obviously a foolhardy lender or naive businessman extending credit lines to undeserving customers without due diligence. Let this be a lesson to them. No pity. Stop whining.
 

frenchbriefs

Alfrescian (Inf)
Asset
Silly man lah you scroobal! Too favour creditors people complain stifle risk taking. Too favour debtors got people complain too lenient on bankrupt? Where got such thing? Obviously a foolhardy lender or naive businessman extending credit lines to undeserving customers without due diligence. Let this be a lesson to them. No pity. Stop whining.

But once all the solvent debtors have run out,must start loosening restrictions and lend to the subprime debtors, otherwise how to make more money?Just mix triple A and subprime together u get triple A again,MBS tranche u know.
 

Leckmichamarsch

Alfrescian
Loyal
Silly man lah you scroobal! Too favour creditors people complain stifle risk taking. Too favour debtors got people complain too lenient on bankrupt? Where got such thing? Obviously a foolhardy lender or naive businessman extending credit lines to undeserving customers without due diligence. Let this be a lesson to them. No pity. Stop whining.

you dun understand that when a borrower take a loan from AA and later from BB, CC etc........ all of them do know each other and do not know how much the debtor really owes so it is easy to over borrow.......... say few millions, stash away and let the creditors sue and be made a bankrupt................... after 7 yrs get a discharge and enjoy the ill gotten wealth
our present system allow such bankrupt aka crook to HUAT Ah
 
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Leckmichamarsch

Alfrescian
Loyal
OPEN LETTER TO THE MINISTER OF LAW

Dear Minister Shanmugam:

8. Does it make sense that a bankrupt earning $3000 and $8000 pays only$50 & $1500 to the bankruptcy estate?[/I][/B] Also when there was consideration given to support bankrupt's children who later grew up, got married and became gainfully employed why is there no reciprocal arrangement for the children to help pay contribution increase? When children grow up are bankrupts allowed to bring in, in somewhat revolving door fashion, parents, parents-in-laws, grandparents etc to take the places of their children? Whole purpose is to deny creditors of fair payment. Our system is both deaf or silent on this.

9. We are a Financial Hub and this sort of bankruptcy laws/management do not inspire investors/lenders who may be foreigners - people we hope gain confidence in us and invest more funds thinking their rights are protected as was given to understand. Is the truth far from it?


Yours truly
Puzzled & Frustrated

Addendum:

Smart but slippery bankrupt also play around with HDB and CPF saving since both are protected from creditors. The bankrupt "sells" his HDB to his parent..... no payment made since it is for show and preservation of asset just in case.... That pre bankruptcy. Upon discharge he buys back the same HDB unit paying atrocious price using his CPF. Thus two birds were killed with one stone. The proceed from pre bankruptcy sale is safe from creditor. And the post bankruptcy payment to his parent is returned to him to be used for his cheating business again. Upon another bankruptcy he can repeat the same routine and there is nobody to stop him nor is OA bothered to ask questions!!
Looks like it pays to be a bankrupt since supervision is so lax and loose
 

mojito

Alfrescian
Loyal
you dun understand that when a borrower take a loan from AA and later from BB, CC etc........ all of them do know each other and do not know how much the debtor really owes so it is easy to over borrow.......... say few millions, stash away and let the creditors sue and be made a bankrupt................... after 7 yrs get a discharge and enjoy the ill gotten wealth
our present system allow such bankrupt aka crook to HUAT Ah

Unsecured lending always have limit, like credit card you have many but each cap to things like job, annual income etc. Not new. You want to lend more you ask for collateral like pawn shop. Then you got what other lenders don't have. Of course in the case of DBS and friends, they got worthless collateral from their O&M buddies what to do? Kiasu greedy for fees lah blame who?
 

Leckmichamarsch

Alfrescian
Loyal
Unsecured lending always have limit, like credit card you have many but each cap to things like job, annual income etc. Not new. You want to lend more you ask for collateral like pawn shop. Then you got what other lenders don't have. Of course in the case of DBS and friends, they got worthless collateral from their O&M buddies what to do? Kiasu greedy for fees lah blame who?

happens many times............ this means there are ways, many ways to Rome
no system, is perfect when the cheat is bend on stealing your money
lenders think they are protected but they are wrong, dead wrong
heard Lehman Bro? Freddie .........
 

Narong Wongwan

Alfrescian (Inf)
Asset
Want to know why OA is so lax and bo chap?
Because they are not collecting monies for pap.
OA is only acting as intermediary as required by law.
Bankrupts still need to pay income tax, Cpf, hdb conservancy fees, pub etc. All the monies due to pap cannot run. So that's why OA no chap outstanding amounts in bankruptcy estate as those aren't pap monies
 

Boss_555

Alfrescian
Loyal
NEW (w ADDENDUM) OPEN LETTER TO MINISTER OF LAW

Dear Minister Shanmugam:

I refer to the details relating to recent bankruptcy discharges. It raises serious concerns as listed below:

1. Is there under-staffing in Insolvency Office plus unqualified personnel handling bankruptcy matters resulting in over poor management of bankrupts to the gross disadvantage of judgement creditors? If so what is being done about it?

2. Why are governmental agencies like IRAS, CPF, OA, etc paid first before judgement creditors who afterall has paid for and seeded the entire matter? At best these agencies can rank pari pasu to judgement creditors NOT ahead of them making our bankruptcy laws subject of joke in financial circle.

3. After preferred “creditors” in government are paid, there is no incentive but for OA to push for discharge of bankrupts even though there is little or no payment to bona fide creditors. Is this fair especially there are also expenses incurred during bankruptcy.

4. Is it true that creditors, besides provision of tipoffs are required to furnish proof of PI quality to the OA office? Why is the Field Enforcement Unit in OA office dismantled when there is still a need for it?

5. There were cases of bankrupts being discharged despite breaking serious OA rules regarding overseas travel without OA approval. Why have such rule when the infraction does not count as NO cooperation given to OA which is one cardinal criterion for discharge?

6. When OA is made aware with clear evidence of lying under oath in bankrupt’s affidavits will his discharge still proceed? Will OA as an arm of mLaw take action forward matter for action to be taken against the recalcitrant bankrupt for criminal offence of PERJURY?? If so how many bankrupts have been convicted?

7. In most big cases of bankruptcy there are residue assets. How, if at all, are the asset inventoried and acted upon? If not why not?

8. Does it make sense that a bankrupt earning $3000 and $8000 pays only$50 & $150 to the bankruptcy estate? Also when there was consideration given to support his children who later grow up, got married and are gainfully employed why is there no matching arrangement for the children to help pay contribution increase? When children grow up are they allowed to bring in, in somewhat revolving door fashion, parents, parents-in-laws, grandparents etc to take the places of their children? Creditors are kept being denied of fair payment but the system is both deaf or silent on this scenario.

9. Bankrupts are protected from having their HDB home and CPF liquidated to repay creditiors. There are recalcitrant bankrupts who juggled HDB & CPF to hide their assets by re-selling first to parents (without paying their bankrupt offspring so as to hide the assets from creditors) and later upon undeserving discharge, buy back from their parents using funds from their OA protected CPF often at exhorbitant prices way above market norm. This roundtripping can free up million plus dollars for the bankrupts to cheat creditors again. Why is OA not aware?? of such game being played? Is anything being done to plug the gaping loophole? To help bankrupt return to normalcy is noble but to assist them to game the system and defraud lenders is despicable.

10. Creditors/lenders local/foreign have always been given the indelible impression that our bankruptcy laws are robust OR at least befitting that of a Financial Hub. Is this an eyewash or a shining apple grown rotten?

Yours truly
Puzzled & Frustrated
 
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Boss_555

Alfrescian
Loyal
(REVISED) OPEN LETTER TO MINISTER OF LAW

Dear Minister Shanmugam:

I refer to the details relating to recent bankruptcy discharges. It raises serious concerns as listed below:

1. Is there under-staffing in Insolvency Office plus unqualified personnel handling bankruptcy matters resulting in over poor management of bankrupts to the gross disadvantage of judgement creditors? If so what is being done about it?

2. Why are governmental agencies like IRAS, CPF, OA, etc paid first before judgement creditors who afterall has paid for and seeded the entire matter? At best these agencies can rank pari pasu to judgement creditors NOT ahead of them making our bankruptcy laws subject of joke in financial circle.

3. After preferred “creditors” in government are paid, there is no incentive but for OA to push for discharge of bankrupts even though there is little or no payment to bona fide creditors. Is this fair especially there are also expenses incurred during bankruptcy.

4. Is it true that creditors, besides provision of tipoffs are required to furnish proof of PI quality to the OA office? Why is the Field Enforcement Unit in OA office dismantled when there is still a need for it?

5. There were cases of bankrupts being discharged despite breaking serious OA rules regarding overseas travel without OA approval. Why have such rule when the infraction does not count as NO cooperation given to OA which is one cardinal criterion for discharge?

6. When OA is made aware with clear evidence of lying under oath in bankrupt’s affidavits will his discharge still proceed? Will OA as an arm of mLaw take action forward matter for action to be taken against the recalcitrant bankrupt for criminal offence of PERJURY?? If so how many bankrupts have been convicted?

7. In most big cases of bankruptcy there are residue assets. How, if at all, are the asset inventoried and acted upon? If not why not?

8. Does it make sense that a bankrupt earning $3000 and $8000 pays only$50 & $150 to the bankruptcy estate? Also when there was consideration given to support his children who later grow up, got married and are gainfully employed why is there no matching arrangement for the children to help pay contribution increase? When children grow up are they allowed to bring in, in somewhat revolving door fashion, parents, parents-in-laws, grandparents etc to take the places of their children? Creditors are kept being denied of fair payment but the system is both deaf or silent on this scenario.

9. Bankrupts are protected from having their HDB home and CPF liquidated to repay creditiors. There are recalcitrant bankrupts who juggled HDB & CPF to hide their assets by re-selling first to parents (without paying their bankrupt offspring so as to hide the assets from creditors) and later upon undeserving discharge, buy back from their parents using funds from their OA protected CPF often at exhorbitant prices way above market norm. This roundtripping can free up million plus dollars for the bankrupts to cheat creditors again. Why is OA not aware?? of such game being played? Is anything being done to plug the gaping loophole? To help bankrupt return to normalcy is noble but to assist them to game the system and defraud lenders is despicable.

10. All bankrupts drive on the sly with cars at their disposal...... bought with their money by their proxies as they are not allowed to own car. Why is OA blind to this malpractise? Why should not their driving license be detained or Field Enforcement checks out the car mostly parked at place of work and in car park at home. Some of their creditors are taken public transport after being cheated of their savings, why should bankrupts enjoy the luxury of driving when they should be paying more to their creditors?????

11. Creditors/lenders whether local/foreign have always been given the indelible impression that our bankruptcy laws are robust OR at least befitting that of a Financial Hub. Is this an eyewash or a shining apple grown rotten?

Yours truly
Puzzled & Frustrated
 
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Boss_555

Alfrescian
Loyal
Want to know why OA is so lax and bo chap?
Because they are not collecting monies for pap.
OA is only acting as intermediary as required by law.
Bankrupts still need to pay income tax, Cpf, hdb conservancy fees, pub etc. All the monies due to pap cannot run. So that's why OA no chap outstanding amounts in bankruptcy estate as those aren't pap monies

same f...king reasons as why trains breaks down or lifts stop moving.... or hurting pple
 

Boss_555

Alfrescian
Loyal
happens many times............ this means there are ways, many ways to Rome
no system, is perfect when the cheat is bend on stealing your money
lenders think they are protected but they are wrong, dead wrong
heard Lehman Bro? Freddie .........

yes very sad........... looks like sg is in a cesspool or rotting like hell
 

Hans168

Alfrescian
Loyal
yes very sad........... looks like sg is in a cesspool or rotting like hell

(REVISED) OPEN LETTER TO MINISTER OF LAW

Dear Minister Shanmugam:

I refer to the details relating to recent bankruptcy discharges. It raises serious concerns as listed below:

1. Is there under-staffing in Insolvency Office plus unqualified personnel handling bankruptcy matters resulting in over poor management of bankrupts to the gross disadvantage of judgement creditors? If so what is being done about it?

2. Why are governmental agencies like IRAS, CPF, OA, etc paid first before judgement creditors who afterall has paid for and seeded the entire matter? At best these agencies can rank pari pasu to judgement creditors NOT ahead of them making our bankruptcy laws subject of joke in financial circle.

3. After preferred “creditors” in government are paid, there is no incentive but for OA to push for discharge of bankrupts even though there is little or no payment to bona fide creditors. Is this fair especially there are also expenses incurred during bankruptcy.

4. Is it true that creditors, besides provision of tipoffs are required to furnish proof of PI quality to the OA office? Why is the Field Enforcement Unit in OA office dismantled when there is still a need for it?

5. There were cases of bankrupts being discharged despite breaking serious OA rules regarding overseas travel without OA approval. Why have such rule when the infraction does not count as NO cooperation given to OA which is one cardinal criterion for discharge?

6. When OA is made aware with clear evidence of lying under oath in bankrupt’s affidavits will his discharge still proceed? Will OA as an arm of mLaw take action forward matter for action to be taken against the recalcitrant bankrupt for criminal offence of PERJURY?? If so how many bankrupts have been convicted?

7. In most big cases of bankruptcy there are residue assets. How, if at all, are the asset inventoried and acted upon? If not why not?

8. Does it make sense that a bankrupt earning $3000 and $8000 pays only$50 & $150 to the bankruptcy estate? Also when there was consideration given to support his children who later grow up, got married and are gainfully employed why is there no matching arrangement for the children to help pay contribution increase? When children grow up are they allowed to bring in, in somewhat revolving door fashion, parents, parents-in-laws, grandparents etc to take the places of their children? Creditors are kept being denied of fair payment but the system is both deaf or silent on this scenario.

9. Bankrupts are protected from having their HDB home and CPF liquidated to repay creditiors. There are recalcitrant bankrupts who juggled HDB & CPF to hide their assets by re-selling first to parents (without paying their bankrupt offspring so as to hide the assets from creditors) and later upon undeserving discharge, buy back from their parents using funds from their OA protected CPF often at exhorbitant prices way above market norm. This roundtripping can free up million plus dollars for the bankrupts to cheat creditors again. Why is OA not aware?? of such game being played? Is anything being done to plug the gaping loophole? To help bankrupt return to normalcy is noble but to assist them to game the system and defraud lenders is despicable.

10. All bankrupts drive on the sly with cars at their disposal...... bought with their money by their proxies as they are not allowed to own car. Why is OA blind to this malpractise? Why should not their driving license be detained or Field Enforcement checks out the car mostly parked at place of work and in car park at home. Some of their creditors are taken public transport after being cheated of their savings, why should bankrupts enjoy the luxury of driving when they should be paying more to their creditors?????

11. Creditors/lenders whether local/foreign have always been given the indelible impression that our bankruptcy laws are robust OR at least befitting that of a Financial Hub. Is this an eyewash or a shining apple grown rotten?

Yours truly
Puzzled & Frustrated


When I first read the article in Straits Times I was very impressed with the good job OA office was doing, I was satisfied that the high salaries and bonuses we are paying to the big wigs or smaller are worth it. This is worldclass management of bankrupts giving much values to investors both foreign and local. Alas when I read what Boss_555 has written I was shocked! Never have I seen such gross mis-management of any organisation certified with ISO 9000 - I suggest OA surenders its certification - it is a laughing stock. What is worse it that with MSM's help, the cesspool got renovated and transformed into smelling roses.
I am now beginning to wonder what else did I missed? What are the dirt not told to us about Melayu ePrez, car-lite, parking fee hikes, 30% water, electricity etc.. what is the big picture? Govt or MSM will never tell us and we got to go behind the scene, dig deeper to piece together the puzzles.
The rots have set in and I don't see any future in sg with this gangsters in charge.
 
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