Malaysia legislation
Section 9
Section 9
Section 33c of the principal Act is amended—
(a)
in the shoulder note, by inserting after the words
“Automatic discharge” the words “and suspension of automatic discharge”;
(b)
by substituting for subsection (1) the following subsection:
“(1) A bankrupt shall be—
(a)
discharged automatically from bankruptcy on the expiration of three years from the date of the submission of the statement of affairs under subsection 16(1)—
(i)
if the bankrupt has paid the sum of money determined by the
Director General of Insolvency, for the purposes of the administration of the bankrupt’s estate, having regard to the financial ability of the bankrupt; and
(ii)
if the bankrupt has complied with the requirement to render an account of moneys and property to the
Director General of Insolvency under paragraph 38(1)(b); or
(b)
suspended from the automatic discharge on the expiration of three years from the date of the submission of the statement of affairs under subsection 16(1) for a period not exceeding two years if the bankrupt has failed to comply with his duties and obligations under the Act.”;
Insolvency (Amendment)
(c)
in subsection (2)—
(i)
by substituting for the words “Contribution of the bankrupt’s provable debt referred to in paragraph (1)(a) shall be determined by the
Director General of Insolvency and” the words
“For the purposes of subparagraph (1)(a)(i), in determining the sum of money to be paid by the bankrupt,”;
(ii)
by deleting paragraph (a);
(iii)
in paragraph (e), by deleting the word “and” at the end of the paragraph;
(iv)
in paragraph (f), by substituting for the full stop at the end of the paragraph the words “; and”;
and
(v)
by inserting after paragraph (f) the following paragraph:
“(g) the debt provable in bankruptcy.”;
(d)
by inserting after subsection (2) the following subsection:
“(2a) For the purposes of subsection (2) and the administration of the bankrupt’s estate, the Director
General of Insolvency may request the bankrupt to provide such further information as may be determined by the
Director General of Insolvency including information in respect of the income, expected income and properties of the bankrupt.”;
(e)
in subsection (3)—
(i)
by substituting for the words “a discharge under this section” the words “an automatic discharge under paragraph (1)(a)”;
(ii)
by substituting for the words “the discharge to each of his creditors” the words “automatic discharge on each creditor who has filed a proof of debts”;
and
(iii)
by substituting for the words “subsection (1)”
the words “paragraph (1)(a)”;
8
(f)
in subsection (4), by substituting for the words
“discharge under this section” wherever appearing the words “automatic discharge under paragraph (1)(a)”;
(g)
by inserting after subsection (8) the following subsections:
“(8a) For the purposes of suspension of an automatic discharge under paragraph (1)(b), the Director General of Insolvency shall serve a notice of the suspension of the automatic discharge on the bankrupt and on each creditor who has filed a proof of debts not less than six months before the expiration of the period referred to in paragraph (1)(b), but such notice shall not be served earlier than a year before the expiration of such period.
(8b)
The suspension of the automatic discharge shall be effective on the date stated in the notice under subsection (8a).
(8c)
Where the Director General of Insolvency suspends the automatic discharge under paragraph (1)(b), the bankrupt shall—
(a)
continue to fulfil his duties and obligations under this Act during that period; and
(b)
be discharged automatically at the end of the period of suspension.”; and
(h)
in subsection (9)—
(i)
in paragraph (a), by deleting the word “or”
at the end of the paragraph;
(ii)
in paragraph (b), by substituting for the full stop at the end of the paragraph the words “; or ”; and
(iii)
by inserting after paragraph (b) the following paragraph:
“(c) on the expiration of the period referred to in paragraph (8c)(b).”.
Insolvency (Amendment)
9
Amendment of section 48