Scribd Logo
Upload

Welcome to Scribd!

  • 143 views

    UIS4612 Insolvency Law MMU Midterm Question

    Uploaded by

    Hairi Zairi
    This document is an exam paper for a Law of Insolvency course. It provides instructions for students taking the exam, noting allowable materials and timing. The sole exam question describes a legal dispute involving a bankruptcy notice and creditor's petition served by Mr. A against Ms. B. Students are asked to evaluate various aspects of the case, including whether Ms. B can challenge the bankruptcy notice amount, if an act of bankruptcy was committed and when, if Ms. B can oppose the creditor's petition, the correct procedure for opposing it, and the difference between challenging and showing cause against a petition.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    UIS4612 Insolvency Law MMU Midterm Question

    Uploaded by

    Hairi Zairi
    143 views2 pages
    This document is an exam paper for a Law of Insolvency course. It provides instructions for students taking the exam, noting allowable materials and timing. The sole exam question describes a legal dispute involving a bankruptcy notice and creditor's petition served by Mr. A against Ms. B. Students are asked to evaluate various aspects of the case, including whether Ms. B can challenge the bankruptcy notice amount, if an act of bankruptcy was committed and when, if Ms. B can oppose the creditor's petition, the correct procedure for opposing it, and the difference between challenging and showing cause against a petition.

    Original Description:

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is an exam paper for a Law of Insolvency course. It provides instructions for students taking the exam, noting allowable materials and timing. The sole exam question describes a legal dispute involving a bankruptcy notice and creditor's petition served by Mr. A against Ms. B. Students are asked to evaluate various aspects of the case, including whether Ms. B can challenge the bankruptcy notice amount, if an act of bankruptcy was committed and when, if Ms. B can oppose the creditor's petition, the correct procedure for opposing it, and the difference between challenging and showing cause against a petition.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    143 views2 pages

    UIS4612 Insolvency Law MMU Midterm Question

    Uploaded by

    Hairi Zairi
    This document is an exam paper for a Law of Insolvency course. It provides instructions for students taking the exam, noting allowable materials and timing. The sole exam question describes a legal dispute involving a bankruptcy notice and creditor's petition served by Mr. A against Ms. B. Students are asked to evaluate various aspects of the case, including whether Ms. B can challenge the bankruptcy notice amount, if an act of bankruptcy was committed and when, if Ms. B can oppose the creditor's petition, the correct procedure for opposing it, and the difference between challenging and showing cause against a petition.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    STUDENT IDENTIFICATION NO

    NAME:………………………………………

    No. on Attendance List ………………………

    MULTIMEDIA UNIVERSITY
    SECOND TRIMESTER MID TERM EXAMINATION, 2020/2021 SESSION
    (Mid Term Examination)

    UIS4612 LAW OF INSOLVENCY (All section / Groups)

    8th January 2021 (Friday)

    3.00 p.m. - 3.15 p.m.


    (Reading Time)

    3.15 p.m. - 4.00 p.m.


    (Answering Time)

    INSTRUCTIONS TO STUDENTS

    1. This Question paper consists of 2 pages (including the cover page) with 1 Question only.

    2. This paper carries 20 marks and it will be adjusted to a total of 10 marks only. The
    distribution of the marks for each question is given.

    3. Please write all your answers in the Answer Booklet provided. Your answers must be based
    on the decided cases and relevant statutes.

    4. Students are only allowed to bring in CLEAN AND ORIGINAL COPIES of (i) Insolvency
    Act 1967; (ii) Insolvency Rules 2017; (iii) Insolvency Voluntary Arrangement Rules 2017;
    and (iv) Rules of Court 2012 into the exam venue. “Clean” is defined to include no tagging,
    no annotation either by the publisher or anyone else, and no erased marking. Highlighting
    and underlining are also prohibited.

    WHS
    UIS4612 LAW OF INSOLVENCY 8 January 2021

    ANSWER ALL THE QUESTION(S)

    QUESTION 1

    On 1.7.2019, Mr. A obtained judgement against Ms. B in the Sessions Court for a sum of
    RM250,000-00 with interest at 5% per annum from date of judgement to date of realisation and
    costs RM1,500-00.

    On 1.9.2019, Thursday at 4.00 p.m., Mr. A served a bankruptcy notice on Mr. B demanded a
    sum of RM300,000-00 comprising the principal sum of RM250,000-00, interest of RM48,500-00
    calculated at the rate of 8% per annum from the date of judgement to date of realisation and costs
    of RM1,500-00. Mr. B ignored the bankruptcy notice which was personally served on him.

    On 11.9.2019, Mr. A filed and served a creditor’s petition together with an affidavit verifying the
    petition on Ms. B. Mr. A’s creditor’s petition was dated 11.9.2019 while the affidavit verifying
    the petition was affirmed on 10.9.2019. Ms. B on receiving the creditor’s petition paid Mr. A the
    judgment sum in instalments leaving a balance sum of RM40,000-00.

    The creditor’s petition is fixed for hearing next month. Ms. B intends to file an affidavit to
    oppose the creditor’s petition.

    Evaluate the following:

    (i) whether Ms. B can challenge the excessive amount in the bankruptcy notice at this stage?

    (ii) whether Ms. B has committed an act of bankruptcy, if so when?

    (iii) whether Ms. B can oppose the creditor’s petition?

    (iv) whether Ms. B’s procedure to oppose the creditor’s petition is correct?

    (v) the difference between ‘to challenge a petition’ and ‘to show cause against a petition’.

    (4 marks each x 5)

    (Total: 20 marks)

    End of Page

    WHS Page 1 of 1

    You might also like