Law In Malaysia and Legal Tips
Something for public to read and learn about Law In Malaysia and Legal Tips.
Bankruptcy and Your Existing Car Loan
Very often we get this question: I am a bankrupt and I am servicing an existing car loan, the bank did not repossess the car, shall I continue to service the car loan?
If a person is made bankrupt in… Continue reading
Bankruptcy Discharge of Full Settlement Creditor
If you wish to obtain a Discharge from Bankruptcy after Payment in Full to the Judgment Creditors.
You need to 1 Obtain a letter of full and final settlement from the Judgment Creditors who “made you bankrupt”. Please do NOT proceed to make payment… Continue reading
How a Guarantor Failed to Use A Police Report to Dispute his Signature
CCM Chemicals Sdn Bhd v Wan Muhammad Ibrisam Wan Ibrahim
This is a commentary on the case of CCM Chemicals Sdn Bhd v Wan Muhammad Ibrisam Wan Ibrahim as decided in the High Court of… Continue reading
Definition of Writ of Seizure and Sale
The Writ of Seizure and Sale (WSS) is what we regard as the most effective mode for the enforcement of a money judgment.
The writ is a direction… Continue reading
YOU HAVE A NON PAYING OVERSTAYING TENANT We as your lawyer have the expertise and the right solution for you to recover the rent and to evict him.
The greatest fears of a landlord that his tenants are not paying him. The second… Continue reading
How to Put Your Debtors Behind Bars Jail Time
How do you get “assurance” that when the court makes an order, you can get paid?
At times when the debtors do not… Continue reading
Discharge after full settlement with Creditors Assisted by Lawyers
For information on the above click here.
SOCIAL GUARANTOR AND AUTOMATIC DISCHARGE
For information on the above click here.
Discharge & Annulment with Assitance of Lawyers
The article below sets out some general information in… Continue reading
The 7 steps in Divorce Proceedings by a Single Party
1 In Malaysia, divorce of non-Muslim is governed by the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). LRA 1976 states that a Malaysian High Court can only grant a decree nisi or decree of judicial separation… Continue reading
INTESTATE DISTRIBUTION: THE DISTRIBUTION OF A DECEASED’S ESTATE IN THE ABSENCE OF/ WITHOUT A WILL
The Distribution Act 1958 governs the distribution of estates of a person who dies intestate, which is a person who passes away without leaving a Will. The Act lays down the… Continue reading
Understanding Child Custody & Guardianship of Infants in Malaysia 1 The meaning of child custody is silent. Both in the Guardianship of Infant Act 1961 (GIA) and the Law Reform (Marriage and Divorce) Act 1976 (LRA). There are three types of custody which includes legal custody, physical custody and… Continue reading
Dalam era digital sekarang, media social seperti Facebook, Twitter dan Sina Weibo telah menjadi sebahagian kehidupan seseorang. Baru-baru ini, calon-calon untuk pilihan raya umum presiden Amerika Syarikat 2016 mendorong berjuta-juta posting Facebook, dan ia sudah cukup… Continue reading
Documents Required for Discharge of Bankruptcy:
- Statement of Claim, Judgment,
- Bankruptcy Orders: Receiving Order and Adjudicating Order (Perintah Penerimaan dan Perintah Penghukuman);
- List of creditors, if any
- Age; health condition (medical report)
- History of payment(s) to Official Assignee (Pegawai Pemegang Harta)
To find out why you need these… Continue reading
LIMITATION OF ACTIONS TO RECOVER LAND AND RENT With regards to the limitation of actions to recover rents, the timescale for all three jurisdictions is limited to six years. LIMITATION OF ACTIONS TO RECOVER MONEY SECURED BY MORTGAGE OR CHARGE OR TO RECOVER… Continue reading
Free Advice Over the Phone
Generally we do not provide legal advice over the phone whatsapp or other form of social media. We maintain a simple policy that we advice clients in a face to face meeting.
This policy is inline with the guidelines given to us… Continue reading
Some creditors face a dilemma, shall we file a bill of costs after the debtors have been made a bankrupt?
A quick answer: in the absence of a bill of costs, the costs that were incurred for the filing of the bankruptcy application cannot be recovered, even if there are… Continue reading
Must I obtain a Judgment BEFORE filing a winding up petition against my debtors?
This is one of the most frequently asked questions. A short answer is no. The provision of section 218 of the Companies Act 1965 and the new sections 466… Continue reading
Social Guarantor Cannot be Made a Bankrupt In New Amendment
Social can no longer be made a bankrupt under the new Bankruptcy… Continue reading
“If most of us are ashamed of shabby clothes and shoddy furniture let us be more ashamed of shabby ideas and shoddy philosophies…. It would be a sad situation if the… Continue reading
1 A brief introduction to the process of Substituted Service.
2 Unless expressly provided by the Rules of Court for the documents to be served personally, they may be served by other mode of… Continue reading
Compulsory winding-up insolvency liquidation in Malaysia is pursuant to section 218 of the Act.
It is a legal process by which the Official Receiver, now known as the Director General of Insolvency or a liquidator is appointed by an order of the court to ‘wind up’… Continue reading
Distribution of Assets
From the assets of the wound up company (through a compulsory winding up) available to be distributed the unsecured creditors, the liquidator will:
- ensure that all the Federal Taxes, amounts owing to EPF and SOCSO are paid, after the Companies Winding… Continue reading
The court may presume that a company as being unable to pay its debts if any of the following occurs:
A creditor (can be by assignment) who is owed more than RM500 (yes just RM500) serves a ‘statutory demand’ (usually called the 218 notice) for the debts due… Continue reading
How do I wind up a company?
If a company owes you money and has failed, refused (do not want to) or neglected (forgot) to pay the debt, you may apply to wind it up by presenting a petition to court pursuant to section 218(1)(e) of the Act.
Related article… Continue reading
A Sheriff of the Sessions Court executed a Writ of Seizure and Sale in the enforcement of a Judgment on the goods of a Judgment Debtor.
A claimant produced a deed of sale claiming ownership of certain goods seized. Therefore there was a dispute on the ownership of… Continue reading