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Notis kebankrapan

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asked on Sep 9, 2016 at 03:44
by   potter
edited on Mar 6, 2017 at 06:58
 
I just attended my first hearing on 5/9/2016 for my 'Notis Kebankrapan' matter, succeed to buy sometime to tell the Senior Assistant Registrar (SAR) we are going to negotiate with bank for settlement, SAR allows 14 days for me to negotiate.

Now my problem is, in case my negotiation with bank is fails, then I don't know what to do next, I have read the thread which is post by Sharron and Notalawyer, there're three docs to file to defeating the Creditor's Petition, which are:

1. Notis Niat Membantah Petisyen Pemiutang
2. Afidavit Bantahan 
3. Summons in Chambers

The reason of bantahan for Sharron is "tidak pernah diserahkan notis kebankrapan", but my case is something different, my creditor's petition stated that Notice of kebankrapan is advertised in new strait time, so can I still use the same reason as "tidak pernah diserahkan notis kebankrapan"? or any other way I can do?

My next hearing is on 19/9, I will go to discuss with bank before that, in case the negotiation fail, then I plan to tell the Senior Assistant Registrar (SAR) to allow me sometime to hire lawyer as teach by William Chan book, I not sure whether it's can work in my situation or not? Can anyone help? 
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answered on Sep 9, 2016 at 03:58
by   vkpc
so can i still use the same reason as "tidak pernah diserahkan notis kebankrapan" ?
No. You need to find another "hole". ( reason )

Where did you find William Chan's book?
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answered on Sep 9, 2016 at 05:03
by   kiki
 i not sure whether it's can work in my situation or not? did anyone can help? 

You can begin by studying the Bankrupcy Act 1967 as a basis to find the 'hole'.
Also study the court procedures.. kaedah kaedah mahkamah 2012.
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answered on Sep 9, 2016 at 05:11
by   potter
@vkpc

i find the book in MPH, luckily still left the last one
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answered on Sep 9, 2016 at 05:22
by   potter
@kiki

at this moment i only can filled appearance by tomorrow, when 19/9 hearing date then tell the SAR i need maybe 3 months to get a lawyer, then i can buy sometime to study all these "hole" to defend from bankruptcy, is my action correct? please correct me if i wrong
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answered on Sep 9, 2016 at 11:34
by   vkpc
at this moment i only can filled appearance by tomorrow...
There is no need to file an appearance for bankruptcy proceedings...
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answered on Sep 9, 2016 at 16:49
by   potter
@vkpc

then on hearing date can i tell the SAR i gonna to find a lawyer to buy time? like what william chan said?

i still need to buy some time as not find any "hole" to defend yet, or anyone can give me some advice?
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answered on Sep 9, 2016 at 18:30
by   vkpc
then on hearing date can i tell the SAR i gonna to find a lawyer to buy time? like what william chan said?
What William Chan said about finding lawyer was for first writ summons, not for bankruptcy proceeding.

i still need to buy some time as not find any "hole" to defend yet, or anyone can give me some advice?
You need to go the High Court counter and do a file search ( carian fail ) based on your bankruptcy case number and make a copy of every document inside the file that you don't have.  You need to pay RM15 for the search and RM 1 for every photostat.
Post them here so forumers can help look for holes.
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answered on Sep 9, 2016 at 20:25
by   kiki
In summary.. you will

1. Negotiate with Bank for settlement of debts.
    (write to bank about how you plan to settle the debt)

2. Read the Bankruptcy Act 1967.
    (to equip yourself with some knowledge of the law that is charge against you.)

3. Read The Kaedah Kaedah Mahkamah 2012.
    (to get familiar with some brief of courts procedure if you are going to be self-representing)

4. Go to the High Court registration counter and do a file search ( carian fail )
     ( to get the documents that you don't have.)

5. Post documents in forum (here).
    (to get forumers help and feedback for any potential 'hole')

6. Attend Court 19/9/2016 (Case Management stage)
    (with anticipated question the PKP may raised and your prepared answer)
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answered on Sep 10, 2016 at 06:35
by   potter
@vkpc @kiki

thanks everyone, i will do the file search on coming tuesday, 19th is so near from now, i must do something on next week before it become too late....
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answered on Sep 10, 2016 at 13:08
by   ronaldo
potter
are you dealing wih such situation (bankruptcy proceeding) for the first time in your life? 

from the way you brought up the case, you seems quite familiar with proceeding. where do you get those experience?
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