judicial management

Judicial Management: Judicial Manager’s Power in relation to Proof of Debt

2021-08-05T16:46:17+08:00June 10th, 2021|Tags: , , |

A proof of debt in the context of judicial management is a document submitted by a creditor to substantiate the debts owed to it by the company under judicial management (“The Company”). The term “creditor” has been defined by the Court to include all persons having any monetary claims against the Company.1 Proof of debt

Judicial Management: The Conundrum of the Rights of Unsecured Creditors

2021-06-11T21:17:32+08:00March 28th, 2021|Tags: , , , |

Judicial Management is a new corporate rescue mechanism introduced by the Companies Act 2016. As the law in the Malaysian context of judicial management is in its infant stage, there have been conflicting decisions of the Courts when it comes to the rights of unsecured creditors to intervene and oppose the making of an order

Automatic Moratorium Under the Corporate Rescue Mechanisms: A Breath of Life to Cash-Strapped Companies

2021-06-11T21:18:08+08:00March 21st, 2021|Tags: , , , |

The global pandemic has left the economy in a dire situation. According to the statistic from the Entrepreneurship Development and Cooperatives Ministry, there were 32,469 small-medium enterprises (SMEs) have been wound up from March to November 2020. Besides, a survey conducted in November 2020 by the SME Association of Malaysia revealed that 19% or

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