Bankruptcy Division

zainul.abdmajid

Wan Zainul Azamin Bin Khamid @ Abd Majid
Insolvency Director of Bankruptcy Division
zainul dot abdmajid at mdi dot gov dot my

 

FUNCTIONS

1. To ensure that bankruptcy cases are administered in an organized and effective manner in line with Insolvency Act [Act 360] and Insolvency Rules 2017;

2. To supervise and monitor the administration of bankruptcy cases by 21 branches including:

(a) Advertising and service of Bankruptcy Order;
(b) Conducting initial investigation into the assets, liabilities and affairs of bankrupts through interview sessions and filing of Statement of Affairs;
(c) Summoning and conducting the First Meeting of Creditors and General Meeting of Creditors;
(d) To discover and identify the details of bankrupt's assets;
(e) Realizing the bankrupt's assets by way of private contract or public auction;
(f) Monitoring the conduct and affairs of bankrupts;
(g) To examine, admit or reject the Proof of Debt filed by the creditors;
(h) To declare and distribute dividend to the creditors

3. Coordinating policies, instructions and procedures on administration of bankruptcy cases throughout the 21 branches;
4. Processing and consider the appeals by bankrupts under Section 85 (4) of the Insolvency Act 1967;
5. Processing and consider the appeals by bankrupts under Section 38(1)(a)(b)(c)(d) and (e) of the Insolvency Act 1967;
6. Processing and considering application for discharge by way of the Director General of Insolvency's Certificate of Discharge under Section 33A of Insolvency Act 1967;
7. Managing the application by bankrupts for the realization of assets;
8. Processing and considering application for registration as Nominee;
9. Processing and considering application for Automatic Discharge under Section 33C of the Insolvency Act 1967

There are 5 units under Bankruptcy Division as follows:


(i) OPERATIONAL RESEARCH AND STATISTICS UNIT

• Preparing and drafting policies, guidelines and instructions on the administration of bankruptcy cases;
• Drafting and reviewing Manual Procedure (MPK) of the Bankruptcy Division;
• Collecting and preparing monthly, quarterly and annual report of Bankruptcy Division;
• Collecting and preparing statistics of bankruptcy cases throughout the 21 branches;
• Monitoring and ensuring that the Division's strategic plan is achieved;
• Preparing and providing slides presentation for any formal workshop, courses and briefings on bankruptcy matter;
• Organizing and attending any meetings with stakeholders and any other related agencies;
• Preparing minutes of meetings and to provide feedback on minutes of meetings; and
• Organizing visits, appointments and task force to selected branches.

(ii) ASSETS REALIZATION UNIT

• Handling sale and purchase of the bankrupt's movable and immovable assets;
• Providing advice and guidance to bankrupts, lawyers, and buyers on issues pertaining to realization of bankrupt's assets;
• Providing feedbacks on enquiries and complaints on issues pertaining to realization of bankrupt's assets; and
• Preparing monthly report for realization of bankrupts' assets.

(iii) GENERAL AND APPEAL UNIT

• Processing bankrupt's appeal under Section 38 of the Insolvency Act 1967;
• Processing bankrupt's appeal under Section 85 (4) of the Insolvency Act 1967;
• Processing other general applications by the bankrupts;
• Providing feedback on complaint letters and inquiries pertaining to applications or appeals under Sections 38, 85 (4) of the Insolvency Act 1967 or general application; and
• Preparing and maintaining monthly statistics for appeals under Sections 38 and 85 (4) of Insolvency Act 1967 as well as for other general application by the bankrupts.


(iv) SECTION 33A UNIT (DISCHARGE BY CERTIFICATE OF DIRECTOR'S GENERAL OF INSOLVENCY (DGI)

• Processing and managing discharge application by bankrupts through the DGI Certificate;
• Processing and managing creditors' objection pertaining to DGI's intention to discharge the bankrupt from bankruptcy;
• Managing the issuance of Certificate of Discharge by the branches;
• Providing feedback on complaints and inquiries regarding discharge from bankruptcy through DGI's Certificate of Discharge; and
• Preparing and maintain monthly reports on discharge from bankruptcy through DGI's Certificate of Discharge.


(v) SECTION 33C UNIT (AUTOMATIC DISCHARGE)

• Processing applications for registration as Nominee;
• Managing and provide certificate for registration as Nominee;
• Preparing and maintaining register book on Nominees;
• Preparing statistics on applications and appointments as Nominees;
• Processing application for automatic discharge;
• Preparing Target Contribution for automatic discharge; and
• Preparing and maintaining statistics on automatic discharge.