Advertisement

Bankruptcy (Malaysia) - Annulment and Discharge of Bankruptcy (Cara Pelepasan Kebankrapan)

3611 Views  ⚫  Asked 3 Years Ago
asked on Jan 27, 2019 at 21:22
by  
edited on Jan 27, 2019 at 21:36
by   carrie1226
There are three main ways as to how a bankrupt can have his bankruptcy terminated:

(a) Making an application in court at any time for the bankruptcy order to be annulled on grounds ie debt has been paid in full or that he ought not to be made a bankrupt on some technical grounds;

(b) Making an application in court at any time for a court discharge. This is subject to a stringent requirement and the Insolvency Department has to put a report emphasizing among others the conduct and cooperation of the bankrupt with the department;

(c) Making an application to the DGI for a discharge under section 33A of Bankruptcy Act 1967. Such application can only be made only if 3 years has lapsed from the date order was made upon satisfying some criteria imposed by the DGI for the exercise of his discretion. Among the factors that the DGI will take into consideration are the conduct of the bankrupt, the extent of his cooperation, the cause for bankruptcy, old age and infirmities etc.

Links
Annulment of Bankruptcy Order

FAQS - Malaysian Department of Insolvency

Act 360 - Insolvency Act 1967 (as at 1 November 2017)
1 had this question
Me Too
1 favorites
Favorite
[ share ]
13 Answers
« Previous   1   2   Next »

answered on Jan 29, 2019 at 19:54
by  
@Steph87

Thank you so much. 
You're welcome.

The Perakuan Segera is to get it from the court after I made the payment to JIM is it? 
No. You have to type and print out. You can post it here or email me after you prepare it, for checking.

After payment done, I can get all the needed documents from JIM to submit it to the court?
I will let you know which documents you need to prepare yourself and which is from JIM.
0 found this helpful
Helpful

answered on Jan 29, 2019 at 20:09
by  
edited Feb 12, 2019 at 02:58
 
@Steph87

Which Jabatan Insolvensi Malaysia (JIM) Branch you report to?

If you don't mind, email me your settlement letter that JIM issued you.
0 found this helpful
Helpful

answered on Jan 29, 2019 at 21:14
by  
edited Feb 12, 2019 at 03:08
 
@ Steph87

Prepare the following documents by tonight.

1. SAMAN DALAM KAMAR (type and print)
2. AFIDAVIT SOKONGAN (type and print) need to be certified by a Commissioner of Oaths at the High Court
3. Settlement letter (from Jabatan Insolvensi Malaysia)
4. Payment Receipt (from Jabatan Insolvensi Malaysia)
5. PERAKUAN SEGERA (type and print)

You may find all the above documents sample here.
https://www.lawyerment.com/answers/questions/12924/annulment-of-bankruptcy-order-pembatalan-perintah-kebankrapan?g=2

Arrange to make payment at Jabatan Insolvensi Malaysia early in the morning tomorrow. Try to reach the court before lunch time.

Submit the above documents for e-filing at high court e-filing counter. Before that, remember to get the Afidavit Sokongan certified.
0 found this helpful
Helpful


« Previous   1   2   Next »

You must log in to answer this question.

Not the answer you're looking for? Browse other questions by category or search to find answers.