First issue

Whether the creditor’s petition was properly served on him.

 Rule 108 of Insolvency Rules 2017

 Rule 110 of Insolvency Rules 2017
 Lim Boon Kiak v Affin Bank Bhd
 Re Tan Hwee Earn, ex p The People’s Insurance Co (M) Sdn Bhd
BKK had served the creditor’s petition and the affidavit on the solicitors of the Mr Hutang and had
not personally served the creditor’s petition and affidavit on Mr Hutang himself .Therefore, it can be
concluded that the creditor’s petition was not properly served as it did not abide by these rules.
In conclusion, the creditor’s petition was not properly served on Mr Hutang.
Second issue
Whether the creditor’s petition was invalid because the verifying affidavit was affirmed before the
creditor’s petition was presented?

 Rule 105 of Insolvency Rules 2017

 Sobri Arshad v Associated Tractors SB
 Re Ho Weng Keong ex p Marketlink (M) S/B.
 Teoh Thean Peng v D & C Leasing Sdn Bhd
Upon the expiry of the 7-day period to respond to the bankruptcy notice and in the absence of
opposition or setting aside, the creditor can file the Creditor’s Petition against the debtor. Every
petition must be verified by an affidavit verifying the contents of the Petition to be affirmed by either
the creditor or someone on the creditor’s behalf who has knowledge of the facts based on Rule 105 of
Insolvency Rules 2017. An affidavit verifying the petition can be issued on the same day or after the
issuance of creditor’s petition not before as in Sobri Arshad v Associated Tractors SB. Based on the
facts given, the creditor’s petition and affidavit were served simultaneously by the creditor. This is a
good way to file both at the same time, with reference to Re Ho Weng Keong and Teoh Thean Peng v
D & C Leasing Sdn Bhd.
In conclusion, the creditor’s petition was valid because the verifying affidavit was affirmed together
when the creditor’s petition was presented.
Third issue
Whether the bankruptcy proceedings against Mr Hutang will continue since after he passed on
1.4.2020?

 Section 96 of Insolvency Act 2017

 Section 122 (2) of Insolvency Act 2017
 Rule 111 of Insolvency Rules 2017
The bankruptcy petition was served upon Mr Hutang on 14.03.2020 which is during his lifetime. By
virtue of S. 96, S. 122 and Rule 111, the death of Mr Hutang does not invalidate the bankruptcy
proceeding. The petition may be stayed if the debtor dies before service of the petition on him.
In conclusion, the bankruptcy proceedings against Mr Hutang can continue since he has passed away
on 1.4.2020.