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PROCEEDINGS
BANKRUPTCY NOTICE
BANKRUPTCY NOTICE (BN)
Acts of Bankruptcy- Section 3
Bankruptcy Act 1967
The most important pre-condition to
initiating BN
S.3(1)(i)..creditor obtained final
judgment/order
Ref Judgment: identify elements in
the judgment
Judgment Sum/Quantified
Sum
Amount stated must be due
To follow terms of judgment
Interest must be quantified
Bankruptcy Notice
The beginning of bankruptcy
proceeding
It is a demand notice
The amount claimed not less than
RM30,000.00-Rule 92(b) inclusive of
interest
Bankruptcy Notice
(a)the name and place of business of the solicitor who is suing out
the notice, or if no solicitor is employed, with a memorandum that it
is sued out by the creditor in person;
(2) In the case of a notice served in the Federation the time shall be
seven days. In the case of a notice served elsewhere the Registrar
when issuing the notice shall fix the time.
Rule 109. Personal service.
A creditor's petition shall be
personally served and service shall
be effected by an officer of the Court
or by the creditor or his solicitor or a
person in their employment by
delivering a sealed copy of the
petition to the debtor.
Rule 110. Substituted service.
(1) If the Court is satisfied by affidavit or other
evidence on oath that prompt personal service
cannot be effected because the debtor is keeping
out of the way to avoid service of the petition or
any other legal process or for any other cause it
may order substituted service to be effected in
such manner as it thinks fit.
(2) Where any such order has been carried out the
petition shall be deemed to have been duly
served on the debtor[Form 15].
Duration of Notice: 3 months from
date of issue and extendable with
leave of court BRrr96, 109
Service is to be done within the
validity of the BN
Service on Partnership
All partners must be served with the
original writ of summons where the
final judgment originate
Failure to comply to the above will
lead to the BN being void BR r91(4)
Keyword: leave of court!
Mulitiple Judgments