Cases
JUDGMENT
Faizah Jamaludin J:
Introduction
[1] The Plaintiff is a discharged bankrupt. He was discharged from his bankruptcy with effect from 30 November 2018 through a Certificate of Discharge issued by the Director General of Insolvency ("DGI") under s 33A of the Insolvency Act 1967 ("the Insolvency Act"). He wants the DGI to pay him the monies in his estate in bankruptcy after the DGI had paid the sum of RM277,913.08 to the Lembaga Hasil Dalam Negeri ("LHDN") being income tax owing by the Plaintiff to the LHDN.
[2] The DGI plans to pay the LHDN the sum of RM76,211.52 only and not the full sum of RM277,913.08 owed by the Plaintiff. After payment of the sum of RM76,211.52 to the LHDN, the DGI intends to distribute the balance of the Plaintiff's estate in bankruptcy for the remaining amount owing to the LHDN plus the debt owing to his other creditors as dividends in pari passu.