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Applying Limitation Act To Bankruptcy

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asked on Sep 9, 2020 at 22:38
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edited on May 23, 2021 at 02:46
 
Applying Limitation Act To Bankruptcy

1. The Amendment to the Limitation Act 1953 is stated under section 6A which comes into force in September 2019.

2. Section 6A applies to any action for negligence not involving personal injuries.

3. For further reading, please click the link below:
http://www.conventuslaw.com/report/malaysia-law-of-limitation-an-amendment-to-the/#:~:text=Pursuant%20to%20section%206%20of,Limitation%20(Amendment)%20Act%202018.

4. Only Section 6(2) & (3) apply to bankruptcy proceeding.

....to be continued
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6 Answers

answered on Sep 9, 2020 at 23:31
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edited May 23, 2021 at 02:47
 
THE FOLLOWING ITEMS ARE AFFECTED:

1. ACCOUNT
An action for an account shall not be brought in respect of any matter which arose more than six years before the commencement of the action.

2. JUDGEMENT
An action upon any judgment shall not be brought after the expiration of twelve years from the date on which the judgment became enforceable.

3. ARREARS OF INTEREST
No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.
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answered on Sep 10, 2020 at 21:20
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edited May 23, 2021 at 02:49
 
The Date On Which The Interest Became Due

1. The date on which the interest became due was the judgement date.

2. Where the bankruptcy notice is issued within six years from the date of the judgement, the interest claimed is not time-barred even though it included pre-judgement interest.

...to be continued
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answered on Sep 11, 2020 at 22:59
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edited May 23, 2021 at 02:50
 
.....continue from the post above

Interest

Two different stages of interest, namely:

1. Pre-judgement interest

2. Post-judgement interest.

to be continued....
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answered on Sep 12, 2020 at 11:49
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edited May 23, 2021 at 02:52
 
.....continue from the post above

ACTION TO RECOVER ARREARS OF INTEREST

Second Limb of Section 6(3) Limitation Act 1953
 
An action to recover arrears of interest must be brought within six years of the judgement date. Therefore, if a person filing an action for recovery of arrears on the first day after the six-year period, his action is barred by limitation. 

....to be continued.
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answered on Sep 20, 2020 at 19:28
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edited May 23, 2021 at 02:54
 
WRIT OF EXECUTION

( 1 ) Leave is necessary to issue any writ of execution where six years or more have lapsed since the date of the judgement or order.

( 2 ) If a judgement debtor is unrepresented by lawyer and he does not know how to oppose the ex parte application, then it is very likely that the judgement creditor will be able to obtain leave without much difficulty.

( 3 ) The judgement creditor will willfully and deliberately manipulate the service of summons because he wants to get the ex-parte order/judgment against the judgement debtor.

( 4 ) Hence, where six years or more have lapsed since the date of the judgement or order, a judgement creditor needs to obtain leave first before applying to issue bankruptcy notice.
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answered on Oct 15, 2020 at 11:33
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edited May 23, 2021 at 02:54
 
TO WHOM IT MAY CONCERN 

Due to personal reason, @harapan besar has discontinued this thread. In future, if you have any question or issue, please post it as a new thread. 

Please do not direct your question or issue to @harapan besar.

Thank you.  
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