
Best Bankruptcy Lawyers in George Town
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List of the best lawyers in George Town, Malaysia


CBE (Chan Ban Eng & Co)

Khaw Ewe Seng & Co.
About Bankruptcy Law in George Town, Malaysia
Bankruptcy law in George Town, Malaysia, like the rest of the country, is primarily governed by the Insolvency Act 1967. This law provides the framework for the handling of insolvency matters, including personal bankruptcy and company winding up. Bankruptcy essentially implies a state when a person or company cannot afford to settle their debts. Once declared bankrupt, the Malaysian Department of Insolvency will manage the bankrupt's property and distribute the assets to creditors.
Why You May Need a Lawyer
In situations involving bankruptcy, it's advisable to get legal advice to understand your rights and obligations. We often see individuals seeking legal assistance in situations like understanding the implications of declaring bankruptcy, challenging a bankruptcy notice, and exploring possible alternatives to bankruptcy, like the Voluntary Arrangement. Additionally, after bankruptcy declaration, a lawyer can help people get discharged from bankruptcy or negotiate with creditors to resize the debt.
Local Laws Overview
Bankruptcy laws in George Town, Malaysia, are pretty stringent. Anyone unable to pay debts exceeding RM50,000 can be declared bankrupt by their creditors. Once declared bankrupt, a person will be entitled to certain restrictions, including overseas travel, securing credit, and holding certain job positions. However, following amendments to the Insolvency Act in 2017, bankrupt individuals can now apply for discharge after three or five years under various circumstances.
Frequently Asked Questions
1. Can bankruptcy be discharged?
Yes, they can. Following changes to insolvency laws in 2017, bankrupt individuals can apply for an automatic or non-automatic discharge under various circumstances after serving a certain period.
2. What happens to my property if I'm declared bankrupt?
Upon bankruptcy declaration, control of your property will be taken over by the Director General of Insolvency. They will administer it and distribute it among your creditors.
3. Does bankruptcy affect my job?
Yes, in some cases. You cannot hold certain positions in public offices or companies. However, you can still be employed, and your income above a certain level will be used to repay your debts.
4. Can I travel overseas if I'm a bankrupt?
Generally, bankruptcy declaration restricts foreign travel. One must apply to the Director General of Insolvency for permission to travel overseas and meet certain conditions before being allowed.
5. What's the difference between bankruptcy and winding up?
Bankruptcy applies to individuals and partnerships, while winding up applies to corporations and companies. Both involve insolvency, but the processes differ significantly.
Additional Resources
For more information and assistance, consider contacting the Malaysian Department of Insolvency or the Legal Aid Centre, Penang. Websites like the Malaysian Legal Information System (MyLII) and ASEAN Legal Information Portal (eALIP) also can provide valuable insights into local laws and regulations on bankruptcy.
Next Steps
If you're considering seeking legal advice for bankruptcy in George Town, Malaysia, it's essential to speak to a lawyer. Search for experienced insolvency lawyers in your area, and schedule an initial consultation where you can discuss your situation and understand your options. This will be the first step in managing your bankruptcy situation effectively.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.