Bankruptcy

wang12 · Post by **wang12** » Thu, 12 Apr 2012 2:54 pm

I married my Singaporean husband in 2010. Last year my husband got a new job in another country and we have since relocated here. He is 40 years old and has no intention to return to Singapore ever since. He sold off everything before moving and the only thing left in Singapore is his CPF which he knows he will very much never see. Most of his friends and close relatives are not even in Singapore any more. 6 months after we left Singapore, his ex-wife succeeded in obtaining a bankruptcy petition against him for an IOU made 2 years ago. The OA has been wanting him to go back to file his Statement of Affairs and adhere to all responsibilities as a bankrupt. He has filed via post but the OA would not hear of it and even denied receiving it. He is also willing to make the monthly payments, it's just that he doesn't want to risk stepping on Singapore soil. My husband knows if he were to go back, it will be a long time before he can leave Singapore again, and he will definitely loose his current job. He has nothing to go back to and almost certain he will not be able to find a job in Singapore. I am already 4 months pregnant and we want to have our life here. Even if it doesn't work out here eventually, we will go back to my country which my husband also has full long term stay and employment rights. However his current Singapore passport expires in 5 years. I am hoping that he will have PR status in present country by this year or PR status in my country. However, it will take 7 years for my country to grant him, by which time his Singapore passport would have expired, so he might have an issue. Can anyone provide their views / feedback / advice? Will he be extradited if he ignores the OA?

JR8 · Post by **JR8** » Thu, 12 Apr 2012 4:07 pm

wang12 wrote:I married my Singaporean husband in 2010. Last year my husband got a new job in country A and we have since relocated here. He is 40 years old and has no intention to return to Singapore ever since. He sold off everything before moving and the only thing left in Singapore is his CPF which he knows he will very much never see. Most of his friends and close relatives are not even in Singapore any more. 6 months after we left Singapore, his ex-wife succeeded in obtaining a bankruptcy petition against him for an IOU made 2 years ago. The OA has been wanting him to go back to file his Statement of Affairs and adhere to all responsibilities as a bankrupt. He has filed via post but the OA would not hear of it and even denied receiving it. He is also willing to make the monthly payments, it's just that he doesn't want to risk stepping on Singapore soil. My husband knows if he were to go back, it will be a long time before he can leave Singapore again, and he will definitely loose his current job. He has nothing to go back to and almost certain he will not be able to find a good job in Singapore. I am already 4 months pregnant and we want to have our life here. Even if it doesn't work out here eventually, we will go back to my country H which my husband also has full long term stay and employment rights. However his current Singapore passport expires in 2017. I am hoping that he will have PR status in country A by this year or PR status in my country H. However, it will take 7 years for my country to grant him, by which time his Singapore passport would have expired, so he might have an issue. Can anyone provide their views / feedback / advice? Will he be extradited if he ignores the OA?

I'm no expert, but it would be helpful if you could clarify what an OA is. Also what is the connection between the 'IOU' (court ordered?) and the 'monthly payments'?

Mad Scientist · Post by **Mad Scientist** » Thu, 12 Apr 2012 5:07 pm

OA is Official Assignee

Let's cut the chase on go straight to the point. Your hubby ex wife file under Chap 11 or Chap 13.
She succeeded in getting an injunction against him under what context.
IOU of what amount and under what pretext
Your hubby is still SGer.
You have to give full picture where you are currently living.
I can only point you the right direction if you give me the whole story

wang12 · Post by **wang12** » Thu, 12 Apr 2012 7:10 pm

I can provide more details but can u PM me instead?

JR8 · Post by **JR8** » Thu, 12 Apr 2012 7:19 pm

wang12 wrote: I can provide more details but can u PM me instead?

It's a FORUM, not Freelawyer.com

p.s. Edit to add>

Post by **sundaymorningstaple** » Thu, 12 Apr 2012 7:50 pm

JR8, only because we don't have a practicing lawyer on the forum!

JR8 · Post by **JR8** » Thu, 12 Apr 2012 7:55 pm

NE1 who ask 2 take 2 PM or offlines offences me yah ok?

JR8 · Post by **JR8** » Thu, 12 Apr 2012 7:59 pm

Gotta say though.... today I'm in the middle of a hideous and convoluted property law case (yes, my property sigh), and I get some weird light relief from reading the oft self-inflicted travails of others.

Is that wrong

Post by **sundaymorningstaple** » Thu, 12 Apr 2012 8:06 pm

Aiyoh, I though you had a sweet setup in all your properties, based on your earlier posts. Oh well, I guess......

JR8 · Post by **JR8** » Thu, 12 Apr 2012 8:13 pm

Yeah mostly it's just sweetness and light, but don't think landlording is without it's sweat.. This one in the frame right now is a complex bugger though and a thorn in my side of 13+ years and counting. It is a huge flat in a raffish state on one of the better streets in Notting Hill London.

I've instructed a lawyer today to sort out the lease. Once that's done I'm selling it.

p.s. meanwhile it's yielding 7.5% so can't complain too much...

wang12 · Post by **wang12** » Thu, 12 Apr 2012 8:21 pm

Hope your day gets better, JR8, and your plight turns out in your favor.

JR8 · Post by **JR8** » Thu, 12 Apr 2012 8:30 pm

I don't think a forum is a place to come to solicit private conversations. It's just contrary to the point of it all.

Yeah todays ongoing saga, bought in '98 and now worth about 5x as much. I'll struggle but manage I expect

p.s. The way I look at it SMS is that you involuntarily scale your perceptions. Maybe you work in a bank and are writing a business plan for a $100m project.... in the scheme of your experience and remit that might be quite a major thing. Everything else you do is scaled accordingly. If you only ever deal with little stuff, the little stuff is big stuff to you

For me dealing with lawyers on a super-nuanced piece of property law is as complex as it is likely to get for me this year, therefore that to me is like a shitty complex 'nightmare'. Whereas to you coming home from doing your mega business plan, such a personal matter might be but a passing gnats bite of an elephants bum... personal context. I think this is what 'retirement' does to you...

wang12 · Post by **wang12** » Fri, 13 Apr 2012 6:35 am

Hi MS,

IOU amount is approx S$80k for personal loan to be paid in installment over 5 years. He was was paying faithfully for 8 months but stop paying because she demanded more and hounded me when she found out we were getting married. Later he tried to restart paying and replied with a revised payment plan (when her lawyer started demanding), but her lawyer denied ever receiving the response (ever with courier slip stating delivered) and she would not hear of any it, by which time we have already left Singapore. The lawyer then chose to file for a letter of demand followed by filing for bankruptcy against him to our previous residence. Not sure what ex-wife file under, but the OA document states that under Bankruptcy Act (Cap 20), he must file statement of affairs within 21 days, it has already past that. He is still a SGer currently. As for where I'm living currently, from your other post that I have read, in the same city as you (and/or your daughters).

ecureilx · Post by **ecureilx** » Fri, 13 Apr 2012 9:22 am

wang12 wrote:IOU amount is approx S$80k for personal loan to be paid in installment over 5 years. He was was paying faithfully for 8 months but stop paying because she demanded more and hounded me when she found out we were getting married. Later he tried to restart paying and replied with a revised payment plan (when her lawyer started demanding), but her lawyer denied ever receiving the response (ever with courier slip stating delivered) and she would not hear of any it, by which time we have already left Singapore. The lawyer then chose to file for a letter of demand followed by filing for bankruptcy against him to our previous residence. Not sure what ex-wife file under, but the OA document states that under Bankruptcy Act (Cap 20), he must file statement of affairs within 21 days, it has already past that. He is still a SGer currently. As for where I'm living currently, from your other post that I have read, in the same city as you (and/or your daughters).

Me thinks there is a mix up between an IOU and Personal loan and his maintenance fee (if such is still in place) for her lawyer to go berserk

I am not a lawyer, but have fair info on bankruptcy law here.

lawyers will not demand - the IPTO OA will be the one demanding. And since the case here seems not IPTO (or your husband is messing up the details) I am not sure about extradition and all.

Oh, below 100,000 IPTO will always offer the option of a DRS, not instantly file for bankruptcy.

I think the lawyer is pulling a fast one - or your details are muddled and your husband didnt' affirm the repayment plan in black and white. It may simply be a case of trying to get a quicker payment so the lawyer can be happy, the ex-wife will be happier .. and I would bet that she will get a lot less though as the lawyer's fees would have gone on to eat up the dues ..

Oh, getting married is NOT an excuse for somebody to demand more payment .. says my 2 cents.

wang12 · Post by **wang12** » Fri, 13 Apr 2012 9:33 am

It was a 'personal loan' made to him and signed as an IOU, and the payment plan was agreed upon in black and white. He did this to avoid going the alimony way. And yes the lawyer did the fast way, DRS was rejected by IPTO. IPTO is the issue now, not the lawyer or the ex-wife. So what to do about IPTO, will they send extradition request or cancel his passport if they know where he is?

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