Best Bankruptcy Lawyers in Malaysia

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Messrs TAN, DAHA & FADZILAH

Messrs TAN, DAHA & FADZILAH

Johor Bahru, Malaysia

Founded in 2016
8 people in their team
The Firm was established on 01-06-2016 with spectrum of clients not only in Johor Bahru but also from outstations by more means of access and...
English
K.W. Chong & Partners

K.W. Chong & Partners

Ipoh, Malaysia

Founded in 1965
10 people in their team
ABOUT OUR FIRMOur firm was first established in 1965 but over the years, it had undergone material changes in its constitution, culminating in a...
Malay
Ng Law Firm | Trademark and Industrial Design Agent

Ng Law Firm | Trademark and Industrial Design Agent

Bayan Lepas, Malaysia

Free Consultation: 15 mins


Founded in 2023
5 people in their team
Ng Law Firm is one of the fastest growing law firm based in the vibrant city of Penang, Malaysia. At the core of our practice, we specialize in a...
Malay
Chinese
English
Thomas Philip

Thomas Philip

Kuala Lumpur, Malaysia

Founded in 2000
10 people in their team
Disputes Resolved.Thomas Philip has grown to become the largest dispute resolution only firm in Malaysia, focused solely on civil and commercial...
Malay
AimanLooi & Ben

AimanLooi & Ben

Shah Alam, Malaysia

Founded in 2018
5 people in their team
At Messrs AimanLooi & Ben, we are always evolving for the changing world. We are consistent, patient and professional, giving each case the...
English
Malay
Chinese
Gibb & Co.

Gibb & Co.

George Town, Malaysia

Founded in 1892
50 people in their team
The FirmGibb & Co is an established firm, that brings together the best people across our offices to provide a steadfast and staple array of...
Malay
Khaw Ewe Seng & Co.

Khaw Ewe Seng & Co.

George Town, Malaysia

Founded in 1976
50 people in their team
AboutWelcome to Khaw Ewe Seng & Co.Based in the city of Penang, Malaysia. An advocate and solicitor of Malaya by the name of David Khaw...
Malay
How & Hospera

How & Hospera

Kuala Lumpur, Malaysia

Founded in 2019
6 people in their team
The firm is based in Mont Kiara, Kuala Lumpur. It is formed by Yvonne How and Nor Hospera Roswina, who already established their reputation...
English
Chinese
Malay
Jeffrey & Co. Lawyer | Divorce & Commercial

Jeffrey & Co. Lawyer | Divorce & Commercial

George Town, Malaysia

Founded in 2018
50 people in their team
ABOUT USJeffrey & Co. is established since 1st July 2018 and is a boutique law firm based in Penang situated in the heart of the historical town...
Malay
P. E. LIM

P. E. LIM

Petaling Jaya, Malaysia

Founded in 1997
2 people in their team
Messrs. P. E. LIM was founded by its Managing Partner, Ms. Judy Lim Pek Eng, in 1997, as a boutique civil litigation law firm in Petaling...
English
Malay

About Bankruptcy Law in Malaysia

Bankruptcy in Malaysia is governed by the Bankruptcy Act 1967. It is a legal process that allows individuals or businesses to seek relief from overwhelming debts that they cannot repay. When someone is declared bankrupt, their assets are taken over and managed by a trustee to repay creditors. Bankruptcy can have serious consequences on a person's financial status and credit rating.

Why You May Need a Lawyer

It is advisable to seek legal help in cases of bankruptcy to ensure that your rights are protected and to navigate the complex legal processes involved. A lawyer can help you understand your options, negotiate with creditors, and represent you in court if necessary.

Local Laws Overview

In Malaysia, bankruptcy proceedings are initiated when a creditor files a bankruptcy petition in court against a debtor who owes them more than RM30,000. If the court deems the debtor unable to pay their debts, they may be declared bankrupt. Bankrupt individuals are subject to restrictions on travel, employment, and financial activities. Bankruptcy typically lasts for 5 years, during which the debtor's assets are used to repay creditors.

Frequently Asked Questions

1. What are the consequences of bankruptcy in Malaysia?

Bankruptcy in Malaysia can result in restrictions on travel, employment, and financial activities. The bankrupt individual's assets are managed by a trustee to repay creditors.

2. Can I still own assets if I am declared bankrupt?

Once declared bankrupt, your assets will be taken over by a trustee to repay creditors. However, certain exempt assets such as necessary household items may be retained.

3. How long does bankruptcy last in Malaysia?

Bankruptcy typically lasts for 5 years in Malaysia, during which the debtor's assets are used to repay creditors.

4. Can I still work if I am declared bankrupt?

There are restrictions on certain professions for bankrupt individuals in Malaysia, such as legal, accounting, and financial services. However, you may still be able to work in other fields.

5. Can I apply for bankruptcy voluntarily?

Yes, individuals in Malaysia can file for voluntary bankruptcy if they are unable to repay their debts.

6. Can I challenge a bankruptcy petition against me?

Yes, you have the right to challenge a bankruptcy petition in court by providing evidence that you can repay the debt or that the petition is unjustified.

7. Will my bankruptcy affect my family members?

Bankruptcy does not directly affect your family members' credit rating or financial status. However, joint debts or assets may be impacted.

8. Can I travel overseas if I am bankrupt?

Bankrupt individuals in Malaysia may require permission from the Director General of Insolvency to travel overseas.

9. Can I start a business if I am bankrupt?

There are restrictions on bankrupt individuals starting a business in Malaysia, as they may not act as a director of a company without permission.

10. Can I be discharged from bankruptcy early?

Under certain circumstances, a bankrupt individual in Malaysia may apply for early discharge from bankruptcy, typically after 3 years.

Additional Resources

For further information and assistance with bankruptcy in Malaysia, you can contact the Malaysian Department of Insolvency (MdI) or seek advice from legal aid organizations such as the Bar Council Legal Aid Centre.

Next Steps

If you are facing bankruptcy or considering filing for bankruptcy in Malaysia, it is recommended to consult with a qualified bankruptcy lawyer who can guide you through the legal process and protect your rights. Be proactive in seeking advice and assistance to navigate this challenging situation effectively.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.