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ARTICLE · 08 FEBRUARY 2024

Update To Insolvency Laws: Simplifying Bankruptcy Procedures

In our previous article, we discussed the initiatives implemented by the Government to ease the process of discharge of bankrupts.

MalaysiaInsolvency/Bankruptcy/Re-Structuring

In our previous article, we discussed the initiatives implemented by the Government to ease the process of discharge of bankrupts. This included the conditions and procedures for discharging bankrupts with small-scale debts, as well as proposed amendments to the Insolvency Act 1967aimed at enhancing the provisions for discharge of bankrupt and the administration of a bankrupt's estate.

The recent enactment of the Insolvency (Amendment) Act 2023 has now come into effect, implementing the proposed amendments.

Below, we summarize the key amendments to Malaysian insolvency law.

Additional categories of bankrupt individuals eligible for discharge

Prior to the amendment, the discharge of a bankrupt under section 33A was at the discretion of the Director General of Insolvency (DGI), with a minimum waiting period of five years from the bankruptcy order and subject to section 33B, which allowed creditors to object to the discharge. However, the recent amendment

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