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Bankruptcy Act

(CHAPTER 20)

Status:

Not current version
(effective from 01 Oct 2017 to 29 Jul 2020)

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Bankruptcy Act
(CHAPTER 20)

Table of Contents

Long Title

Part I PRELIMINARY

1 Short title

2 Interpretation

Part II CONSTITUTION, PROCEDURE AND POWERS OF COURT

Jurisdiction

3 High Court to be the court having jurisdiction in bankruptcy

4 Exercise of jurisdiction in chambers

5 Jurisdiction in bankruptcy of Registrar

6 General powers of bankruptcy court

7 Power to review orders

8 Appeals in bankruptcy

9 Power of arrest and seizure

10 Criminal jurisdiction of District and Magistrate’s Courts

Procedure

11 Where no specific procedure provided

12 Power to adjourn proceedings

13 Power to amend written process

14 Power to extend time

15 Manner of taking evidence

16 Costs to be in court’s discretion

Part III OFFICIAL ASSIGNEE

17 Appointment of Official Assignee

18 Official name of Official Assignee

19 Delegation of powers and functions by Official Assignee

20 Official Assignee deemed to be public servant

21 General duties of Official Assignee as regards bankrupt’s conduct and affairs

22 General duties of Official Assignee as regards estate of bankrupt

23 Discretion of Official Assignee in administration of estate of bankrupt

24 Power to administer oaths

25 Official Assignee’s accounts

26 Records to be kept by Official Assignee

27 Bankruptcy Estates Account and Debt Repayment Schemes Account

28 Investment of surplus funds in Bankruptcy Estates Account and Debt Repayment Schemes Account

29 Official Assignee to furnish list of creditors

30 Control of court over Official Assignee

31 Review by court of Official Assignee’s act, omission or decision

32 Liability of Official Assignee, etc.

Part IV TRUSTEE IN BANKRUPTCY

33 Appointment of person other than Official Assignee as trustee in bankruptcy

34 Qualifications for appointment as trustee

35 Person appointed as trustee to furnish security before acting

36 General functions, duties and powers of trustee

37 Trustee to pay moneys received by him into prescribed bank account

38 Remuneration of trustee

39 Control of trustee by Official Assignee

40 Review by court of trustee’s act, omission or decision

41 Removal of trustee

42 Vacancy in office of trustee

43 Liability of trustee

Part V VOLUNTARY ARRANGEMENTS

Moratorium for insolvent debtor

44 This Part not applicable to undischarged bankrupts

45 Interim order of court

46 Nominee

47 Effect of application

48 Conditions for making of interim order

49 Nominee’s report on debtor’s proposal

50 Summoning of creditors’ meeting

Consideration and implementation of debtor’s proposal

51 Decision of creditors’ meeting

52 Report of decisions to court

53 Effect of approval

54 Review of meeting’s decision

55 Implementation and supervision of approved voluntary arrangement

56 Consequence of failure by debtor to comply with voluntary arrangement

Part VA DEBT REPAYMENT SCHEME

Division 1 — Preliminary

56A Interpretation of this Part

Division 2 — Proposal for debt repayment scheme

56B Referral by court

56C Debtor’s statement of affairs and proposal for repayment of debts, and creditors’ proofs of debts

56D Approval of debt repayment plan

Division 3 — Commencement and administration of debt repayment scheme

56E Commencement and administration of debt repayment scheme

56F Moratorium under debt repayment scheme, etc.

56G Proving of debts under debt repayment scheme

56H Modification of debt repayment plan

56I Priority of debts and interest on debts

56J Payment and distribution of moneys under debt repayment scheme

Division 4 — Cessation of debt repayment scheme

56K Cessation of debt repayment scheme

56L Certificate of inapplicability of debt repayment scheme

56M Certificate of failure of debt repayment scheme

56N Certificate of completion of debt repayment scheme

56O Revocation of certificate of completion of debt repayment scheme

Division 5 — Miscellaneous

56P Duties of debtor

56Q Appeal Panel and Appeal Panel Committee

56R Validity of things done under debt repayment scheme

56S Offences

56T Rules for purposes of this Part

Part VI PROCEEDINGS IN BANKRUPTCY

Bankruptcy applications and bankruptcy orders

57 Persons who may make creditor’s bankruptcy application

58 Persons who may make debtor’s bankruptcy application

59 Bankruptcy order

60 Conditions to be satisfied in respect of debtor

61 Grounds of bankruptcy application

62 Presumption of inability to pay debts

63 Where applicant for bankruptcy order is secured creditor

63A Expedited bankruptcy application

64 Power of court to stay or dismiss proceedings on bankruptcy application

65 Proceedings on creditor’s bankruptcy application

66 Proceedings on bankruptcy application by nominee or creditor bound by voluntary arrangement

67 Proceedings on debtor’s bankruptcy application

68 Consolidation of bankruptcy applications

69 Power to dismiss application against some respondents only

70 Power to change conduct of proceedings

71 Continuance of proceedings on death of debtor

72 Withdrawal of bankruptcy application

Protection of debtor’s property

73 Appointment of interim receiver

74 Power to stay proceedings against person or property of debtor

Part VII ADMINISTRATION IN BANKRUPTCY

Bankruptcy

75 Commencement and duration of bankruptcy

76 Effect of bankruptcy order

77 Restrictions on dispositions of property by bankrupt

78 Description of bankrupt’s property divisible amongst creditors

Inquiry into bankrupt’s affairs, dealings and property

79 Meeting of creditors

80 Creditors’ committee

81 Bankrupt’s statement of affairs

82 Bankrupt to submit accounts

82A Powers of Official Assignee to examine persons, etc.

83 Examination of bankrupt and others

84 Power of court following examination of bankrupt and others

85 Unenforceability of liens on books, etc.

86 Official Assignee to settle list of debtors to the estate

Monthly contribution and target contribution

86A Determination of monthly contribution and target contribution

86B Review by court of determination of monthly contribution and target contribution

86C Power of court to vary monthly contribution and target contribution

86D Power of Official Assignee to reduce monthly contribution and target contribution

86E Review by court of decision of Official Assignee under section 86D

86F Review by Official Assignee of administration by trustee in bankruptcy

Proof of debts

87 Description of debts provable in bankruptcy

88 Mutual credit and set-off

88A Creditors to file proof of debts within time limited

89 Rules as to proof of debts

90 Priority of debts

91 Payment of partnership debts

92 Right of landlord to distrain for rent

93 Contracts to which bankrupt is party

94 Interest on debts

Composition or scheme of arrangement

95 Creditors may accept composition or scheme by special resolution

95A Discharge or annulment of bankruptcy order by certificate of Official Assignee where composition or scheme accepted by creditors

96 Effect of composition or scheme

Effect of bankruptcy on antecedent transactions

97 Provisions as to second or subsequent bankruptcy, etc.

98 Transactions at an undervalue

99 Unfair preferences

100 Relevant time under sections 98 and 99

101 Meaning of "associate"

102 Orders under sections 98 and 99

103 Extortionate credit transactions

104 Avoidance of general assignment of book debts

105 Restriction of rights of creditor under execution or attachment

106 Duties of Sheriff as to property taken in execution

Possession, control and realisation of bankrupt’s property

107 Possession of property by Official Assignee

108 Seizure of bankrupt’s property held by bankrupt or other person

108A Payment of monthly contribution

109 Appropriation of portion of pay or salary to creditors

110 Disclaimer of onerous property

111 Power of Official Assignee to deal with property

112 General powers of Official Assignee

113 Power to appoint special manager

114 Power to allow bankrupt to manage property

115 Re-direction of bankrupt’s letters, etc.

116 Power to impound passport, etc., of bankrupt

116A Incurring expenses where property insufficient

116B Official Assignee not to incur further expenses if majority in value of debts owed to institutional creditors

Distribution of property

117 Distribution by means of dividend

118 Claims by unsatisfied creditors

119 Final distribution

120 Joint and separate dividends

121 No action for dividend

121A Payment of interest exceeding what is allowed under section 94 out of surplus

122 Right of bankrupt to surplus

Part VIII ANNULMENT AND DISCHARGE

123 Court’s power to annul bankruptcy order

123A Annulment of bankruptcy order by certificate of Official Assignee where debts and expenses fully paid

124 Discharge by court

125 Discharge by certificate of Official Assignee

126 Objection by creditor to discharge of bankrupt under section 125

127 Effect of discharge

128 Discharged bankrupt to give assistance

Part IX DUTIES, DISQUALIFICATION AND DISABILITIES OF BANKRUPT

129 Duties of bankrupt

130 Disqualification of bankrupt

131 Disabilities of bankrupt

Part X BANKRUPTCY OFFENCES

132 Interpretation of this Part

132A Powers of investigation

133 Defence of innocent intention

134 Non-disclosure

135 Concealment of property

136 Concealment of books and papers; falsification, etc.

137 False statements

138 Fraudulent disposal of property

139 Absconding with property

140 Fraudulent dealing with property obtained on credit

141 Obtaining credit, engaging in business, or standing as guarantor

142 Failure to keep proper accounts of business

143 Gambling

144 Bankrupt incurring debt without reasonable ground of expectation of being able to pay it

145 Making of false claims, etc.

146 Penalty

147 Supplementary provisions

Part XI MISCELLANEOUS PROVISIONS

148 Administration in bankruptcy of estate of person dying insolvent

148A Arbitration agreements to which bankrupt is a party

149 Costs

150 Actions by Official Assignee and bankrupt’s partners

151 Action in aid of courts of Malaysia and designated countries

152 Reciprocal recognition of Official Assignees

153 Evidence of proceedings at meetings of creditors

154 Evidence of proceedings in bankruptcy

155 Swearing of affidavits

156 Death of witness

157 Service of summons, notice, etc.

158 Formal defect not to invalidate proceedings or acts

159 (Repealed)

160 Acts of corporations, firms and lunatics

161 (Repealed)

162 Exclusion of liability relating to computerised information service

163 List of undischarged bankrupts, etc., to be kept

164 Unclaimed and undistributed moneys

164A Debt Repayment Scheme Assistance Fund

165 Insolvency Assistance Fund

165A Composition of offences

166 Rules

167 Transitional provisions

THE SCHEDULE Transitional provisions and savings

Legislative History

Comparative Table

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Table Of Contents

Bankruptcy Act

Status:

Not current version
(effective from 01 Oct 2017 to 29 Jul 2020)

Please check the legislation timeline to ensure that you are viewing the correct legislation version. See also FAQ B3.

Bankruptcy Act (CHAPTER 20)

Subsidiary Legislation
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Print
Help

Timeline

Document
Provision

Versions

or

find current version as at

30 Jul 2020

Repealed by
S 812/2020
01 Oct 2017

Amended by
Act 19 of 2016
01 Apr 2017

Amended by
Act 21 of 2016
01 Aug 2016

Amended by
Act 21 of 2015
01 Nov 2015

Amended by
Act 4 of 2015
01 Mar 2012

Amended by
Act 2 of 2012
01 Mar 2010

Amended by
Act 22 of 2008
01 Mar 2010

Amended by
Act 21 of 2008
31 Oct 2009

2009 RevEd
18 May 2009

Amended by
Act 6 of 2009
01 Apr 2008

Amended by
Act 5 of 2008
24 Aug 2007

Amended by
Act 34 of 2007
01 Apr 2006

Amended by
Act 42 of 2005
01 Jan 2006

Amended by
Act 42 of 2005
15 Jul 2005

Amended by
Act 17 of 2005
08 Mar 2004

Amended by
Act 6 of 2004
01 Jan 2003

Amended by
Act 38 of 2002
01 Mar 2002

Amended by
Act 37 of 2001
01 Jul 2000

2000 RevEd
01 Dec 1999

Amended by
Act 42 of 1999
15 Sep 1999

Amended by
Act 37 of 1999
03 Jul 1999

Amended by
S 301/1999
01 May 1999

Amended by
S 126/1999
15 Sep 1997

Amended by
S 380/1997
30 Apr 1996

1996 RevEd
15 Jul 1995

Act 15 of 1995

Table of Contents

Bankruptcy Act
(CHAPTER 20) Long Title Part I PRELIMINARY

2 Interpretation

Part II CONSTITUTION, PROCEDURE AND POWERS OF COURT Jurisdiction

3 High Court to be the court having jurisdiction in bankruptcy

4 Exercise of jurisdiction in chambers

5 Jurisdiction in bankruptcy of Registrar

6 General powers of bankruptcy court

7 Power to review orders

8 Appeals in bankruptcy

9 Power of arrest and seizure

10 Criminal jurisdiction of District and Magistrate’s Courts

11 Where no specific procedure provided

12 Power to adjourn proceedings

13 Power to amend written process

14 Power to extend time

15 Manner of taking evidence

16 Costs to be in court’s discretion

Part III OFFICIAL ASSIGNEE

17 Appointment of Official Assignee

18 Official name of Official Assignee

19 Delegation of powers and functions by Official Assignee

20 Official Assignee deemed to be public servant

21 General duties of Official Assignee as regards bankrupt’s conduct and affairs

22 General duties of Official Assignee as regards estate of bankrupt

23 Discretion of Official Assignee in administration of estate of bankrupt

24 Power to administer oaths

25 Official Assignee’s accounts

26 Records to be kept by Official Assignee

27 Bankruptcy Estates Account and Debt Repayment Schemes Account

28 Investment of surplus funds in Bankruptcy Estates Account and Debt Repayment Schemes Account

29 Official Assignee to furnish list of creditors

30 Control of court over Official Assignee

31 Review by court of Official Assignee’s act, omission or decision

32 Liability of Official Assignee, etc.

Part IV TRUSTEE IN BANKRUPTCY

33 Appointment of person other than Official Assignee as trustee in bankruptcy

34 Qualifications for appointment as trustee

35 Person appointed as trustee to furnish security before acting

36 General functions, duties and powers of trustee

37 Trustee to pay moneys received by him into prescribed bank account

38 Remuneration of trustee

39 Control of trustee by Official Assignee

40 Review by court of trustee’s act, omission or decision

41 Removal of trustee

42 Vacancy in office of trustee

43 Liability of trustee

Part V VOLUNTARY ARRANGEMENTS Moratorium for insolvent debtor

44 This Part not applicable to undischarged bankrupts

45 Interim order of court

47 Effect of application

48 Conditions for making of interim order

49 Nominee’s report on debtor’s proposal

50 Summoning of creditors’ meeting

Consideration and implementation of debtor’s proposal

51 Decision of creditors’ meeting

52 Report of decisions to court

53 Effect of approval

54 Review of meeting’s decision

55 Implementation and supervision of approved voluntary arrangement

56 Consequence of failure by debtor to comply with voluntary arrangement

Part VA DEBT REPAYMENT SCHEME Division 1 — Preliminary

56A Interpretation of this Part

Division 2 — Proposal for debt repayment scheme

56B Referral by court

56C Debtor’s statement of affairs and proposal for repayment of debts, and creditors’ proofs of debts

56D Approval of debt repayment plan

Division 3 — Commencement and administration of debt repayment scheme

56E Commencement and administration of debt repayment scheme

56F Moratorium under debt repayment scheme, etc.

56G Proving of debts under debt repayment scheme

56H Modification of debt repayment plan

56I Priority of debts and interest on debts

56J Payment and distribution of moneys under debt repayment scheme

Division 4 — Cessation of debt repayment scheme

56K Cessation of debt repayment scheme

56L Certificate of inapplicability of debt repayment scheme

56M Certificate of failure of debt repayment scheme

56N Certificate of completion of debt repayment scheme

56O Revocation of certificate of completion of debt repayment scheme

Division 5 — Miscellaneous

56P Duties of debtor

56Q Appeal Panel and Appeal Panel Committee

56R Validity of things done under debt repayment scheme

56T Rules for purposes of this Part

Part VI PROCEEDINGS IN BANKRUPTCY Bankruptcy applications and bankruptcy orders

57 Persons who may make creditor’s bankruptcy application

58 Persons who may make debtor’s bankruptcy application

59 Bankruptcy order

60 Conditions to be satisfied in respect of debtor

61 Grounds of bankruptcy application

62 Presumption of inability to pay debts

63 Where applicant for bankruptcy order is secured creditor

63A Expedited bankruptcy application

64 Power of court to stay or dismiss proceedings on bankruptcy application

65 Proceedings on creditor’s bankruptcy application

66 Proceedings on bankruptcy application by nominee or creditor bound by voluntary arrangement

67 Proceedings on debtor’s bankruptcy application

68 Consolidation of bankruptcy applications

69 Power to dismiss application against some respondents only

70 Power to change conduct of proceedings

71 Continuance of proceedings on death of debtor

72 Withdrawal of bankruptcy application

Protection of debtor’s property

73 Appointment of interim receiver

74 Power to stay proceedings against person or property of debtor

Part VII ADMINISTRATION IN BANKRUPTCY Bankruptcy

75 Commencement and duration of bankruptcy

76 Effect of bankruptcy order

77 Restrictions on dispositions of property by bankrupt

78 Description of bankrupt’s property divisible amongst creditors

Inquiry into bankrupt’s affairs, dealings and property

79 Meeting of creditors

80 Creditors’ committee

81 Bankrupt’s statement of affairs

82 Bankrupt to submit accounts

82A Powers of Official Assignee to examine persons, etc.

83 Examination of bankrupt and others

84 Power of court following examination of bankrupt and others

85 Unenforceability of liens on books, etc.

86 Official Assignee to settle list of debtors to the estate

Monthly contribution and target contribution

86A Determination of monthly contribution and target contribution

86B Review by court of determination of monthly contribution and target contribution

86C Power of court to vary monthly contribution and target contribution

86D Power of Official Assignee to reduce monthly contribution and target contribution

86E Review by court of decision of Official Assignee under section 86D

86F Review by Official Assignee of administration by trustee in bankruptcy

Proof of debts

87 Description of debts provable in bankruptcy

88 Mutual credit and set-off

88A Creditors to file proof of debts within time limited

89 Rules as to proof of debts

90 Priority of debts

91 Payment of partnership debts

92 Right of landlord to distrain for rent

93 Contracts to which bankrupt is party

94 Interest on debts

Composition or scheme of arrangement

95 Creditors may accept composition or scheme by special resolution

95A Discharge or annulment of bankruptcy order by certificate of Official Assignee where composition or scheme accepted by creditors

96 Effect of composition or scheme

Effect of bankruptcy on antecedent transactions

97 Provisions as to second or subsequent bankruptcy, etc.

98 Transactions at an undervalue

99 Unfair preferences

100 Relevant time under sections 98 and 99

101 Meaning of "associate"

102 Orders under sections 98 and 99

103 Extortionate credit transactions

104 Avoidance of general assignment of book debts

105 Restriction of rights of creditor under execution or attachment

106 Duties of Sheriff as to property taken in execution

Possession, control and realisation of bankrupt’s property

107 Possession of property by Official Assignee

108 Seizure of bankrupt’s property held by bankrupt or other person

108A Payment of monthly contribution

109 Appropriation of portion of pay or salary to creditors

110 Disclaimer of onerous property

111 Power of Official Assignee to deal with property

112 General powers of Official Assignee

113 Power to appoint special manager

114 Power to allow bankrupt to manage property

115 Re-direction of bankrupt’s letters, etc.

116 Power to impound passport, etc., of bankrupt

116A Incurring expenses where property insufficient

116B Official Assignee not to incur further expenses if majority in value of debts owed to institutional creditors

Distribution of property

117 Distribution by means of dividend

118 Claims by unsatisfied creditors

119 Final distribution

120 Joint and separate dividends

121 No action for dividend

121A Payment of interest exceeding what is allowed under section 94 out of surplus

122 Right of bankrupt to surplus

Part VIII ANNULMENT AND DISCHARGE

123 Court’s power to annul bankruptcy order

123A Annulment of bankruptcy order by certificate of Official Assignee where debts and expenses fully paid

124 Discharge by court

125 Discharge by certificate of Official Assignee

126 Objection by creditor to discharge of bankrupt under section 125

127 Effect of discharge

128 Discharged bankrupt to give assistance

Part IX DUTIES, DISQUALIFICATION AND DISABILITIES OF BANKRUPT

129 Duties of bankrupt

130 Disqualification of bankrupt

131 Disabilities of bankrupt

Part X BANKRUPTCY OFFENCES

132 Interpretation of this Part

132A Powers of investigation

133 Defence of innocent intention

134 Non-disclosure

135 Concealment of property

136 Concealment of books and papers; falsification, etc.

137 False statements

138 Fraudulent disposal of property

139 Absconding with property

140 Fraudulent dealing with property obtained on credit

141 Obtaining credit, engaging in business, or standing as guarantor

142 Failure to keep proper accounts of business

144 Bankrupt incurring debt without reasonable ground of expectation of being able to pay it

145 Making of false claims, etc.

147 Supplementary provisions

Part XI MISCELLANEOUS PROVISIONS

148 Administration in bankruptcy of estate of person dying insolvent

148A Arbitration agreements to which bankrupt is a party

150 Actions by Official Assignee and bankrupt’s partners

151 Action in aid of courts of Malaysia and designated countries

152 Reciprocal recognition of Official Assignees

153 Evidence of proceedings at meetings of creditors

154 Evidence of proceedings in bankruptcy

155 Swearing of affidavits

156 Death of witness

157 Service of summons, notice, etc.

158 Formal defect not to invalidate proceedings or acts

160 Acts of corporations, firms and lunatics

162 Exclusion of liability relating to computerised information service

163 List of undischarged bankrupts, etc., to be kept

164 Unclaimed and undistributed moneys

164A Debt Repayment Scheme Assistance Fund

165 Insolvency Assistance Fund

165A Composition of offences

167 Transitional provisions

THE SCHEDULE Transitional provisions and savings Legislative History Comparative Table

Bankruptcy Act

Status:

Not current version (effective from 01 Oct 2017 to 29 Jul 2020)

Timeline
Subsidiary Legislation
Amendment Annotation

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Actions
- Amendments RSS Feed

Document
Provision

15 Jul 1995

Act 15 of 1995
30 Apr 1996

1996 RevEd
15 Sep 1997

Amended by
S 380/1997
01 May 1999

Amended by
S 126/1999
03 Jul 1999

Amended by
S 301/1999
15 Sep 1999

Amended by
Act 37 of 1999
01 Dec 1999

Amended by
Act 42 of 1999
01 Jul 2000

2000 RevEd
01 Mar 2002

Amended by
Act 37 of 2001
01 Jan 2003

Amended by
Act 38 of 2002
08 Mar 2004

Amended by
Act 6 of 2004
15 Jul 2005

Amended by
Act 17 of 2005
01 Jan 2006

Amended by
Act 42 of 2005
01 Apr 2006

Amended by
Act 42 of 2005
24 Aug 2007

Amended by
Act 34 of 2007
01 Apr 2008

Amended by
Act 5 of 2008
18 May 2009

Amended by
Act 6 of 2009
31 Oct 2009

2009 RevEd
01 Mar 2010

Amended by
Act 21 of 2008
01 Mar 2010

Amended by
Act 22 of 2008
01 Mar 2012

Amended by
Act 2 of 2012
01 Nov 2015

Amended by
Act 4 of 2015
01 Aug 2016

Amended by
Act 21 of 2015
01 Apr 2017

Amended by
Act 21 of 2016
01 Oct 2017

Amended by
Act 19 of 2016
30 Jul 2020

Repealed by
S 812/2020

Versions

or find current version as at

Search within Legislation

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Bankruptcy Act

(CHAPTER 20)

(Original Enactment: Act 15 of 1995)

[15th July 1995]

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