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← Insolvency Act 1967

Insolvency Act 1967 s 28

Insolvency Act 1967 s 28

Some sections could not be extracted from the official PDF, so this text may be incomplete.

s 28 Arrest of debtor under certain circumstances

(1) The court may, by warrant addressed to any police officer or officer of the court, cause a debtor to be arrested, and any books, papers, money and goods in his possession to be seized, and him and them to be safely kept as prescribed until such time as the court orders if— (a) after a bankruptcy notice has been issued under this Act, or after presentation of a bankruptcy petition by or against him, it appears to the court that there is probable reason for believing that he is in hiding or has absconded or is about to abscond, with a view of avoiding payment of the debt in respect of which the bankruptcy notice was issued, or of avoiding service of a bankruptcy petition, or of avoiding appearance to any such petition, or of avoiding examination in respect of his affairs, or of otherwise avoiding, delaying or embarrassing proceedings in bankruptcy against him; or (b) after presentation of a bankruptcy petition by or against him it appears to the court that there is probable cause for believing that he is about to remove his goods, with a view of preventing or delaying possession being taken of them by the Director General of Insolvency, or that there is probable ground for believing that he has concealed or is about to conceal or destroy any of his goods or any books, documents or writings which might be of use to his creditors in the course of his bankruptcy; or (c) after service of a bankruptcy petition on him he removes any goods in his possession above the value of fifty ringgit without the leave of the Director General of Insolvency; or (d) without good cause shown he fails to attend any examination ordered by the court; or (e) after presentation of a bankruptcy petition by or against him the Director General of Insolvency reports to the court, or the court is otherwise satisfied that there is probable reason for believing that the assets will not be sufficient to pay a dividend of fifty ringgit per centum on the debts or that there is probable reason for believing that the debtor has committed any offence punishable under this Act. (2) No arrest upon a bankruptcy notice shall be valid and protected unless the debtor before or at the time of his arrest is served with such bankruptcy notice. (3) No payment or composition made or security given after arrest made under this section shall be exempt from this Act relating to fraudulent preferences.

Malay text (authoritative)

Wang dalam mahkamah

Read this section in the full act →

Find Act 360 on lom.agc.gov.my ↗

Text as at 6 October 2023 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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