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Bankruptcy: How to file Permohonan Pembatalan Kes Kebankrapan in court

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asked on Sep 29, 2015 at 10:00
by   zackmh
edited on Jul 31, 2017 at 08:11
 
I was declared bankrupt a year ago, attended meeting with Jabatan Insolvensi Malaysia (JIM), paying monthly installments. My house was auctioned few months back. There is surplus of RM6,700 after the bank took about RM15,000 from the surplus.

After calculating the surplus and installments paid plus monies in the saving account that the bank surrendered to JIM, the balance is enough to pay JIM fee and another Proof of Debt (POD). Based on the email I got and instruction from my Official Assignee as follows:

"Encik boleh memfailkan permohonan ke Mahkamah bagi tujuan pembatalan kes kebankrapan kerana baki kredit estet Encik mencukupi untuk kos & fi KPI."

Where should I start?
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answered on Sep 29, 2015 at 15:36
by   vkpc
Look for a good lawyer.
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answered on Sep 30, 2015 at 12:24
by   zackmh
edited Jul 31, 2017 at 08:14
 
Is it possible for me to do it myself? If not advisable, any friendly lawyer that can take case at Shah Alam Court?
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answered on Sep 30, 2015 at 15:59
by   vkpc
edited Jul 31, 2017 at 08:16
 
Try this one:
http://www.malaysianbar.org.my/legaldirectory/mfirmdetail.php?fid=2127

Maybe this one also can:
http://www.leongyengkit.com/
Ask for Mr Kong.

It is possible to do it yourself but we lack experience in this field, meaning we can't guide you.

If you are kind, maybe you could post the documents used by your lawyer later so we can get ideas to guide others later.
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answered on Sep 30, 2015 at 17:17
by   zackmh
edited Jul 31, 2017 at 08:16
 
Thank you vkpc. I planned to do it by myself. I have requested appointment with my Official Assignee, will share here later on.
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answered on Sep 30, 2015 at 19:52
by   rayna
edited Jul 31, 2017 at 08:21
 
I do have samples because I've been saving them for discharge of a family member where we intend to do it ourselves without appointing a lawyer. However it's in English because we use English here in High Court of Sarawak.

Basically you have to file a Summons In Chambers together with an Affidavit in Support stating that you have received a letter from Jabatan Insolvensi Malaysia (JIM) saying that you have made full payment. You should enclose the letter and the receipt obtained from JIM. After filing they will give you a date to attend court.

Serve a copy of the Summons In Chambers and Affidavit to the bank's lawyer. Then wait for hearing date.

During hearing date, the judge will ask the lawyer whether they have objections or not. Normally if there's confirmation letter from JIM the bank will not object.

Once the registrar says the order is in term, proceed to draft the order and serve a copy of draft order to the bank's lawyer, get them to sign and then submit to court. After filing the order, you're a free man.
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answered on Oct 1, 2015 at 14:08
by   zackmh
edited Jul 31, 2017 at 08:22
 
Dear Rayna,

If you don't mind, can you share it here the said Summons In Chambers. I have not got any reply from Jabatan Insolvensi Malaysia, their line is engaged most of the time.

Thank you for advise
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answered on Oct 1, 2015 at 15:09
by   rayna
edited Jul 31, 2017 at 08:24
 
Can but I think you have to get someone to help you translate. My Malay is really poor.

MALAYSIA
IN THE HIGH COURT IN xxx
IN BANKRUPTCY PROCEEDINGS NO. xxx

EX-PARTE : xxx    ... Debtor

RE  :xxx BANK BERHAD  ...  Creditor

SUMMONS IN CHAMBERS
(Section 105 Bankruptcy Act 1967)
(Rule 155 Bankruptcy Rules 1969)

LET ALL PARTIES concerned appear before the Deputy Registrar in Chambers on the                                                 2015 at           .m. on the hearing of an application for an Order that the Receiving Order and Order of Adjudication both dated xxx be rescinded and annulled respectively.

The grounds of this application is that the abovenamed Debtor has settled his debts in full.

Dated this  

……………………………………
Deputy Registrar
High Court, xxx

To: 1. Director General of Insolvency
  Insolvency Department Malaysia
  xxx
 
2. XXX BANK BERHAD
  through their advocates
  Messrs. XXX
  Address xxx

This Summons In Chambers (Ex-Parte) is taken out by the abovenamed Debtor and whose address for service is xxx.
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answered on Oct 1, 2015 at 15:12
by   rayna
edited Jul 31, 2017 at 08:26
 
MALAYSIA
IN THE HIGH COURT IN xxx
IN BANKRUPTCY PROCEEDINGS NO. xxx

EX-PARTE : xxx    ... Debtor

RE  :xxx BANK BERHAD  ...  Creditor

AFFIDAVIT IN SUPPORT

I, XXX (WN.KP.XXXXXX-XX-XXXX) a Malaysian citizen of full age and presently residing at XXX do hereby sincerely and solemnly affirm and say as follows:-

1. I am the abovenamed Debtor named in this Bankruptcy Proceeding. I have the personal knowledge and authority to depose to this Affidavit.

2. On the  XXX , a Receiving Order and an Order of Adjudication was made against me by the High Court on the Petition of the abovenamed Creditor, XXX Bank Berhad

3. On xxx, all debts owing to the Creditor by the Debtor have been fully settled with the Director General of Insolvency Department Malaysia, Sibu. A copy of  the Official Receipt No. xxx amounting of RMxxx and a copy of a letter dated xxx, both issued by the Director General of Insolvency Department Malaysia, xxx are now produced to me and marked as “A” and “B” respectively.

4. I am not aware of any other debts apart from those debts proven against my estate.

5. I therefore humbly pray to this Honourable Court for an Order to rescind the said Receiving Order and to annul the Adjudication Order made against me.

AFFIRMED by the said    )
xxx   )
day of   2015   )
at Taiping in the state of  Perak   )

Before me

…………………………………
Commissioner for Oaths
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answered on Oct 1, 2015 at 17:26
by   notalawyer
edited Jul 31, 2017 at 08:27
 
Thank you rayna for being magnanimous.
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answered on Oct 1, 2015 at 20:52
by   zackmh
edited Jul 31, 2017 at 08:29
 
This is part of reply that I have received from the Official Assignee through email.

Bagi permohonan pembatalan pula, jika tiada peguam, Encik boleh memfailkan sendiri permohonan ke Mahkamah.

Pohon Encik ke Mahkamah Tinggi Shah Alam bahagian kebankrapan dan di kaunter Encik boleh minta contoh Saman Dalam Kamar Sek. 105 Akta Kebankrapan (pembatalan).
Will try to get the sample from High Court and other requirement.
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