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Universiti Teknologi Mara Final Examination: Confidential LW/OCT2010/LAW534

This document appears to be an examination for a course on insolvency law from Universiti Teknologi MARA in October 2010. It consists of three parts testing students' knowledge on various aspects of bankruptcy law, including objectives of bankruptcy law, jurisdiction of bankruptcy courts, effects of a debtor's death, interpretation of precedents, consent judgments, debtor's petitions, and principles like relation back. The exam also includes essay questions evaluating a hypothetical scenario about discharging bankruptcy and advising a foreign debtor facing a bankruptcy petition.

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85 views4 pages

Universiti Teknologi Mara Final Examination: Confidential LW/OCT2010/LAW534

This document appears to be an examination for a course on insolvency law from Universiti Teknologi MARA in October 2010. It consists of three parts testing students' knowledge on various aspects of bankruptcy law, including objectives of bankruptcy law, jurisdiction of bankruptcy courts, effects of a debtor's death, interpretation of precedents, consent judgments, debtor's petitions, and principles like relation back. The exam also includes essay questions evaluating a hypothetical scenario about discharging bankruptcy and advising a foreign debtor facing a bankruptcy petition.

Uploaded by

species09
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CONFIDENTIAL

LW/OCT2010/LAW534

UNIVERSITI TEKNOLOGI MARA


FINAL EXAMINATION

COURSE

INSOLVENCY I

COURSE CODE

LAW534

EXAMINATION

OCTOBER 2010

TIME

3 HOURS

INSTRUCTIONS TO CANDIDATES

1.

This question paper consists of THREE (3) parts :

PART A (6 Questions)
PART B (2 Questions)
PART C (1 Question)

2.

Answer ALL questions in the Answer Booklet. Start each answer on a new page.

3.

Do not bring any material into the examination room unless permission is given by the
invigilator.

4.

Candidates are allowed to bring in the following materials (unannotated):


(i)
Bankruptcy Act 1967
(ii)
Bankruptcy Rules 1969
(iii)
Bankruptcy (Fees) Rules 1969
(iv)
Bankruptcy (Cost) Rules 1969

5.

Please check to make sure that this examination pack consists of:
(i)
the Question Paper
(ii)
an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO


This examination paper consists of 4 printed pages
Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL

LW/OCT 2010/LAW534

PART A
QUESTION 1
State three (3) objectives of bankruptcy law.
(5 marks)
QUESTION 2
In which courts does the jurisdiction of bankruptcy matters lie and what are the relevant
authorities to support your answer?
(5 marks)
QUESTION 3
What happens to a bankruptcy proceeding if the debtor passes away?

(5 marks)
QUESTION 4
Summarize the ratio decidendi in Re Kong Mun Cheong [1975] 2 MLJ 131.
(5 marks)
QUESTION 5
Explain what is a 'consent judgment' in relation to a bankruptcy proceeding.
(5 marks)

QUESTION 6
What is meant by a "debtor's petition"?
(5 marks)

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL

LW/OCT2010/LAW534

PARTB
QUESTION 1
Gggoggeh who is 67 years old, wants to apply for a discharge or an annulment of his
bankruptcy order. He has settled half of the debt he owed to his creditors. His son was
educated in United Kingdom after Gggoggeh was adjudged a bankrupt. His wife is a majority
shareholder in a public listed company. You have been appointed as his solicitor to act on
his behalf.
Advise Gggoggeh as to his chances of succeeding in his application.
(20 marks)
QUESTION 2
With reference to the Bankruptcy Act and decided cases, explain the "principle of relation
back".
(20 marks)

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL

LW/OCT2010/LAW534

PARTC
QUESTION 1
Kenna, a foreigner, is married to a Malaysian woman and has been staying in Malaysia for
the past 30 years. He is now applying for a permanent resident status in Malaysia. On 20
May 2010, Bank Besor served a bankruptcy petition on Kenna. However, since Kenna was
away for work in Vietnam, his wife received the petition on his behalf. In the petition it was
stated that the petition was based on a judgment in default against Kenna. The amount of
the judgment debt was RM50.000. When Kenna came back from Vietnam he paid part of the
judgment debt, i.e. RM10.000 to Bank Besor. The payment was made a week before the
date of the hearing of the Creditor Petition. Bank Besor proceeded with the bankruptcy
proceeding and a receiving order was granted against Kenna.
Advise Kenna.
(30 marks)

END OF QUESTION PAPER

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

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