Introduction

Lau Kah Kay and Tang Kuong Tiew ("the Bankrupts") were adjudged bankrupt on 2 November 1987. On 30 August 1997 they applied to be discharged which applications were supported by the Official Assignee but opposed by all the creditors who had proved. The Bankrupts were examined on 16 January 1998 for the purpose of enabling the court to decide on their application. The Bankrupts still owe approximately RM13 million to thirteen creditors

The Statutory Report

The Official Assignee after the application was filed issued the statutory report under s 33(3) of the Bankruptcy Act 1967 ("the Act") on 29 September 1997. The report (in Bahasa Melayu), after translation, can be summarised in these terms:

[2]

Report of Official Assignee under s 33(3) of Bankruptcy Act

A receiving and adjudication order had been made against both Lau Kah Lay and Tang Kuong Tiew. Statement of Affairs had been filed by both bankrupts. [Statements of Affairs show the Bankrupts to have no assets but millions of ringgit of debt.] The first creditors' meeting was held on 22 November 1988. Lau Kah Lay was ordered to pay RM 200 per month and he had been doing so ever since. No order to pay was made