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Fresh Bankruptcy Notice after setting aside Creditor's Petition two years ago

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asked on Jan 27, 2016 at 20:51
by   Gladt
edited on Apr 8, 2016 at 14:29
 
Dear Notalawyer, vkpc, Jeff, and all other avengers :

Although I managed to set aside the Creditor's Petition about 2 years ago, a few days back, I received a fresh Bankruptcy Notice from the same Pemiutang Penghakiman, based on the same judgement, but through another legal firm.

Please advice, on what ground/grounds (from point of laws), can I put forward to set aside the Bankruptcy Notice?
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answered on Jan 27, 2016 at 21:47
by   notalawyer
Did you sign receipt of the Bankruptcy Notice?
When is the court date?
How old is the Judgement now?
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answered on Jan 27, 2016 at 22:42
by   Gladt
edited Apr 8, 2016 at 14:24
 
Hi Notalawyer,

I have not yet received the notice, I come to know about it from newspaper advertisement. From online file search, the court date not yet fixed. Judgement date is 19 March, 2010.
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answered on Jan 28, 2016 at 01:32
by   notalawyer
Judgement date is 19 March, 2010.
This must be their last attempt to make you a bankrupt.
After 19 March 2016, they need permission from the Court if they want to try make you a bankrupt again.  ( with good reasons why they couldn't do it in 6 years )

Is it Hong Leong Bank?
Which law firm now?

Do a file search quickly to find out which stage they are in, so we can plan out a strategy.
Don't worry, PitStop just recently managed to kau tim his 2nd Bankruptcy Notice, so there is always hope.
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answered on Jan 28, 2016 at 03:47
by   Gladt
edited Apr 8, 2016 at 14:23
 
Hi Notalawyer,

1. The Bank: RXB Bank
2. The Law Firm: Che Mxxxxxx & Lxxx
3. The stage: penyampaian ganti: i) iklan 2) by registered post.
   iklan done, registered post not yet done.
4. How did PitStop manage to do it?
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answered on Mar 31, 2016 at 22:32
by   debby
edited Apr 8, 2016 at 14:20
 
Any way to get the PitStop, contact please...
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answered on Mar 31, 2016 at 22:35
by   Amarmekber
You need to ask the new firm for the creditor to show you the grounds upon which they have relied on to file their petition against you. They should have also served it on you. If they have not, then you have not been properly served and you are unable to apply to have it set aside because there is no opportunity for someone in your position to defend.

What are the grounds they rely on to bankrupt you?
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answered on Apr 2, 2016 at 23:06
by   rayna
Notalawyer, I thought a judgment is valid for 12 years?
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answered on Apr 3, 2016 at 06:21
by   notalawyer
After 6 years, leave is required.
After 12 years, it is game over.
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answered on May 11, 2016 at 21:28
by   gladt
Dear All,

Today May 11th, is the Decision Day on my Saman
Dalam Kamar to set aside the bankruptcy notice.

Good News, the Court allows my application with cost.  
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answered on May 11, 2016 at 21:36
by   jeff005
Congrats... Mr. Gladt..

This is the second time you have set it aside..
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