BANKRUPTCY CHECKLIST - > RM 30K

o Have the judgment been served on the debtor?

o Before BN is served, creditor must:
Produce to the Registrar an office copy of the judgment or order on
which the notice is founded.
File the notice together with a request to issue.
Lodge sufficient number of copies of the BN to be sealed and issued
for service.
o Has BN been issued?
Is Bankruptcy Notice in Form 5 of Bankruptcy Rules 1969?
o Is BN still valid? 3 months from date of issue. date of issues = File of
BN
o Service of BN either by:
personal service kalau terima buat affidavit penyampaian.
substitute service [usually lepas buat 3x attempts] (serahan
penyampaian ganti) (saman dalam kamar)
- Buat affidavit tanpa serahan (failkan saman dalam kamar utk
substitute service.
- Obtain date order for substitute service dengan membuat
tampalan di Mahkamah Tinggi, penampalan di alamat berdaftar
dan pengiklanan di surat khabar.
o If the 3 months is near to expiry, apply for extension.
o After serve the BN, make sure buat affidavit penyampaian.
o In the event Pf has already complete the service, after 7 days from the
date of service, JD can proceed with the act of bankruptcy.
o Begin with filing of Bankruptcy Petition
Creditor Petition must be verified by an affidavit.
Service of creditor petition by way of personal service or substitute
service.
Prepare affidavit of service.
o Hearing of creditors petition before Registrar.
Has the JD filed a notice of intention to show cause?
7 days before hearing, petitioner must serve on Director General of
Insolvency.
- Copy of service BN - original bankruptcy notice
- original CP - copy of affidavit verifying CP
- Original sealed judgment - copy of request to issue BN
 Possibilities during Creditors Hearing: No order be made due to such
reasons :
(a) Full payment made before the Creditors Petition hearing
(b) Acceptance by Creditor for a composition sum
(c) Postponement of the hearing due to defence submitted by Judgment
Debtor
(d) Acceptance of partial payment after service of Bankruptcy Notice
(e) Bankruptcy rules and procedures not strictly followed.
o In the event Bankruptcy petition is allow, Receiving and Adjudication
Order is made and Judgment Debtor is adjudged a Bankrupt.