Best Bankruptcy Lawyers in Malaysia

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Batu Pahat, Malaysia

English
ML Low & Co, established with a commitment to integrity and excellence, offers comprehensive legal services in both civil and criminal law. The firm specializes in areas such as civil and commercial litigation, family and matrimonial disputes, banking and financial disputes, insolvency and debt...
Revathi & Partners (HQ)
Puchong Batu Dua Belas, Malaysia

Founded in 2014
English
Established in 2014 by Revathi Kannan, Revathi & Partners has become a prominent law firm in Malaysia, offering a comprehensive range of legal services. With headquarters in Puchong and a branch in Petaling Jaya, the firm is strategically positioned to serve clients throughout the Klang Valley and...
Kuala Lumpur, Malaysia

Founded in 2020
English
Messrs. Choo Dee Wei is a modern, independent legal service provider in Malaysia, known for its creative approach and strong sense of duty. The firm offers a comprehensive range of legal services, including bankruptcy law, family law, consumer law, entertainment law, property law, business law,...
Khaw Ewe Seng & Co.
George Town, Malaysia

Founded in 1976
50 people in their team
Malay
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 established Khaw Ewe Seng & Co in the year 1976. The firm has grown considerably since its early beginnings. This year, the firm celebrates 41 years of...
Messrs TAN, DAHA & FADZILAH
Johor Bahru, Malaysia

Founded in 2016
8 people in their team
English
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 delivery. Our firm provides comprehensive range of professional services covering litigation and non-litigation works. More particularly the firm...
Wong Wei Fan & Co
Kuala Lumpur, Malaysia

Founded in 2013
10 people in their team
English
WONG WEI FAN & Co was established on June 2013 which the firm bring forth the revolutionized concept of a one-stop law office providing substantial range of legal services. The enthusiast one-stop law office concept's main objective is to be the legal service provider of choice for people,...
Petaling Jaya, Malaysia

English
Lee & Partners is a distinguished law firm in Malaysia, renowned for its comprehensive expertise across various legal domains. Specializing in areas such as bankruptcy, real estate, employment, and family law, the firm brings a wealth of experience to each case. The team's adept attorneys are also...
CBE (Chan Ban Eng & Co)
George Town, Malaysia

Founded in 1972
50 people in their team
Malay
With a legacy of over 45 years having been established in April 1972, we are embarking on a new chapter and expanding our areas of practice to be relevant and effective in delivering legal services and solutions to our clients.Niche litigation is our forte, with expertise in medico-legal matters,...
Chye Kwee Yeow & Co.
Kluang, Malaysia

Founded in 1996
English
Established in 1996, Chye Kwee Yeow & Co. is a distinguished law firm based in Johor, Malaysia, offering a comprehensive range of legal and advisory services. The firm's areas of expertise encompass conveyancing, corporate law, estate distribution, family law, and civil litigation. With a...
Leon & Partners
Klang, Malaysia

English
Leon & Partners is a full-service law firm in Malaysia, offering client-focused interdisciplinary legal solutions. Their diverse clientele includes multinational enterprises, public authorities, organizations, small entrepreneurial companies, and private individuals, all benefiting from the firm's...
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About Bankruptcy Law in Malaysia

Bankruptcy in Malaysia is a legal process where an individual is declared unable to pay their debts. Governed primarily by the Insolvency Act 1967, it aims to ensure equitable distribution of the debtor's assets among creditors and to allow individuals a fresh start financially once they have managed to settle their obligations. Bankruptcy proceedings can be initiated either by the debtor's creditors or by the debtor themselves.

Why You May Need a Lawyer

There are several situations where an individual might require legal assistance in the context of bankruptcy:

  • If you're dealing with insurmountable debt and considering filing for bankruptcy, a lawyer can help you understand your options, consequences, and rights.
  • When creditors initiate bankruptcy proceedings against you, legal advice is crucial in defending your interests or negotiating a settlement plan.
  • Legal support is essential if you want to contest the amount claimed or the legal standing of the creditor.
  • If you're seeking discharge from bankruptcy, a lawyer can guide you through the necessary application process and requirements.
  • A legal expert can assist you in understanding the potential implications on your assets, employment, and future creditworthiness.

Local Laws Overview

The local laws governing bankruptcy in Malaysia include the Insolvency Act 1967. Here are key aspects relevant to bankruptcy:

  • Minimum Debt Threshold: As of recent updates, the minimum debt threshold for a bankruptcy petition to be filed is RM50,000.
  • Automatic Discharge: Individuals declared bankrupt can apply for an automatic discharge after a minimum of 3 years, subject to conditions set by the Director General of Insolvency.
  • Changes in Law: The laws have evolved to include provisions for a more humane treatment of bankrupt individuals, such as limitations on the listing period and eased restrictions on travel.
  • Voluntary Arrangement Options: Before proceeding with a bankruptcy application, debtors may opt for a voluntary arrangement, which is an alternative to bankruptcy.
  • The Role of the Director General of Insolvency (DGI): The DGI oversees the administration of bankruptcy cases, ensuring compliance with statutory obligations.

Frequently Asked Questions

1. What is the minimum debt amount for filing bankruptcy in Malaysia?

The minimum debt required to file for bankruptcy is RM50,000.

2. What assets are protected in a bankruptcy in Malaysia?

Certain assets like essential household items and tools of trade are typically exempt from being seized during bankruptcy proceedings.

3. How long does bankruptcy last in Malaysia?

Bankruptcy can last until the debts are settled or until the bankrupt individual is discharged after at least 3 years, subject to certain conditions.

4. Can I travel overseas if I am declared bankrupt in Malaysia?

Travel restrictions apply, and you must obtain permission from the Director General of Insolvency to travel overseas.

5. Can companies declare bankruptcy in Malaysia?

No, companies cannot declare bankruptcy. They instead go through a process called winding up.

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

Yes, you can continue working, but certain professional restrictions may apply depending on your occupation.

7. Will bankruptcy affect my spouse?

Bankruptcy is personal, but joint debts with your spouse may affect them if you are declared bankrupt.

8. Can I apply for a credit card after being discharged from bankruptcy?

You can apply, but receiving approval may be challenging and often depends on the bank's policies and your financial standing post-discharge.

9. How does bankruptcy affect my credit rating?

Bankruptcy severely impacts your credit rating and remains on record for a period affecting future financial transactions.

10. Can I make installment payments for debt repayment in bankruptcy?

Yes, you can negotiate installment payments, which may also affect the duration and conditions of your discharge.

Additional Resources

Here are some resources that could be helpful for legal advice regarding bankruptcy:

  • Malaysian Department of Insolvency (MdI): Core governmental body handling bankruptcy matters.
  • Lawyers specialized in bankruptcy: Seek out firms or individual practitioners for legal consultation.
  • Bankruptcy support groups: These provide support and advice for individuals going through similar situations.

Next Steps

If you require legal assistance related to bankruptcy, consider these steps:

  • Consult with a professional bankruptcy lawyer to discuss your situation and options. Preparing relevant documents and a summary of your financial status will facilitate consultation.
  • Contact the Malaysian Department of Insolvency for further information regarding the process and necessary applications.
  • Explore different financial management courses or credit counseling services that may offer guidance in managing debt.

Taking timely and informed action will better position you to navigate the complexities of bankruptcy and work towards a resolution.

Lawzana helps you find the best lawyers and law firms in Malaysia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Bankruptcy, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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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.