Laws
Bankruptcy Act
Part 7
s 118

In force2021 Revised EditionCurrent version · 2021 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)

Contents

Bankruptcy Act

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Preliminary

1Citation
2Interpretation

Part 2

3Acts of bankruptcy
4Bankruptcy notices
5Subject to the conditions specified in section 6, if a debtor commits an act of bankruptcy, the Court may, on a bankruptcy petition being p...
6Conditions on which creditor may petition
7Liability of firm to have receiving order made against it
8Powers of Official Receiver and duties of debtor on petition being filed
9Creditor's petition and order thereon
10Debtor's petition and order thereon
11Appearance of Official Receiver on petition
12Effect of receiving order
13Power to appoint interim receiver
14Power to stay proceedings
15Power to appoint special manager
16Notice of every receiving order, stating the name, address and description of the debtor, the date of the order, and the date of the petiti...
17First and other meetings of creditors
18Debtor's statement of affairs
19Public examination of debtor
20Compositions and schemes of arrangement
21Effect of composition or scheme
22Adjudication of bankruptcy where composition not accepted or not approved
24Committee of inspection
25Power to accept composition or scheme after adjudication
26Duties of debtor as to discovery and realisation of property
27Arrest of debtor under certain circumstances
28Re-direction of debtor's telegrams and letters
29Inquiry as to debtor's conduct, dealings and property
30Discharge of bankrupt
30A
31Fraudulent settlements
32
33Power of Court to annul adjudication in certain cases

Part 3

34Description of debts provable in bankruptcy
35Mutual credit and set-off
36Rules as to proof of debts
37Priority of costs and charges
38Priority of debts
39Preferential claims in case of apprenticeship
40Landlord's power of distress
41Postponement of husband's and wife's claims
42Relation back of trustee's title
43Description of bankrupt's property divisible amongst creditors
44Provisions as to second bankruptcy
45Restriction of rights of creditor under execution or attachment
46Duties of bailiff as to goods taken in execution
47Avoidance of certain settlements
48Avoidance of general assignments of book debts unless registered
49Avoidance of preference in certain cases
50Protection of transactions made in good faith without notice
51Validity of certain payments to bankrupt and assignee
52Dealings with undischarged bankrupt
53Possession of property by trustee
54Seizure of property of bankrupt
55Sale of property out of Brunei Darussalam
56Appropriation of portion of pay etc. to creditors
57Appropriation of income of property restrained from anticipation
58Vesting and transfer of property
59Disclaimer of onerous property
60Powers of trustee to deal with property
61Powers exercisable by trustee with permission of committee of inspection
61A
62Power to allow bankrupt to manage property
63Allowance to bankrupt for maintenance or service
64Right of trustee to inspect goods pawned etc.
65Limitation of trustee's powers in relation to copyright
66Protection of Official Receiver and trustee from personal liability in certain cases
67Declaration and distribution of dividends
68Joint and separate dividends
69Provision for creditors residing at distance etc.
70Right of creditor who has not proved debt before declaration of dividend
71Interest on debts
72Final dividend
73No action for dividend
74Right of bankrupt to surplus
74ADuties of bankrupt

Chapter 19), unless he informs the trustee in writing to the contrary, is deemed to be his last known address for the purpose of subsection (3).

74BDisqualification of bankrupt
74CDisabilities of bankrupt

Part 4

75
76Status of Official Receiver
77Duties of Official Receiver as regards debtor's conduct
78Duties of Official Receiver as to debtor's estate

Part 5

79Official name of trustee
80Power to appoint joint or successive trustees
81Proceedings in case of vacancy in office of trustee
82Discretionary powers of trustee and control thereof
83Appeal to Court against trustee
84Control of Court over trustee
85Remuneration of trustee
86Allowance and taxation of costs
87Trustee to furnish list of creditors
88Trustee to furnish statement of accounts
89Annual statement of proceedings
90Trustee not to pay into private account
91Payment of monies into bank
92Record and account to be kept by trustee
93Audit of trustee's accounts
94Release of trustee
95Office of trustee vacated by insolvency
96Removal of trustee

Part 6

97General power of Court
98Review and appeals in bankruptcy
99General rules of procedure
100Discretionary powers of Court
101Consolidation of petitions
102Power to change carriage of proceedings
103Continuance of proceedings on death of debtor
104Power to stay proceedings
105Power to present petition against one partner
106Power to dismiss petition against some respondents only
107Actions by trustee and bankrupt's partners
108Actions on joint contracts
109Proceedings in partnership name

Part 7

110Disobedience to order of Court
111Exclusion of corporations, companies and limited partnerships
112Administration in bankruptcy of estate of person dying insolvent
113Power to make general rules
114Fees and remuneration
115Disposal of Official Receiver's fees
115A
116Evidence of proceedings at meetings of creditors
117Evidence of proceedings in bankruptcy
118Swearing of affidavits
119Death of debtor or witness
120Statements made to Official Receiver or trustee through an interpreter
121Certificate of appointment of trustee a
122Computation of time
123Service of notices
124Formal defect not to invalidate proceedings
125Exemption of deeds etc. from stamp duty
126Acting of corporation, partners etc.
127Certain provisions to bind Government
128Unclaimed and undistributed dividends or funds

Bankruptcy Offences

129Fraudulent debtors
130Certain offences by persons other than debtor
132Frauds by bankrupts etc.
133
134Bankrupt failing to keep proper accounts
135Bankrupt absconding with property
136
137False claim etc.
138Order by Court for prosecution on report of trustee
139Criminal liability after discharge or composition
140Trial of offences
141Evidence as to fraud by agents

Bankruptcy Act · 2021 Revised Edition · Part 7

118. Swearing of affidavits

No plain-English summary for s 118 yet. See the rest of this law

Official textFrom Attorney General's Chambers, unchanged

Subject to general rules, any aflidavit to be used in a bankruptcy

Court may be sworn before any person authorised to administer oaths or in the case of a person who is out of Brunei Darussalam before any person qualified to administer oaths in the country where he resides.

Court

Defined · s 2

"Court" means the Supreme Court sitting in its bankruptcy jurisdiction;

Open s 2

Terms defined in s 2

Court
Defined · s 2
"Court" means the Supreme Court sitting in its bankruptcy jurisdiction;
Open s 2

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Bankruptcy Offences

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Bankruptcy Act · s 118

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Where this comes from

Attorney General's Chambers · Bankruptcy Act, 2021 Revised Edition. Reader record updated on 2 Oct 2026.

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