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Warrant of Arrest - Bankruptcy

488 Views  ⚫  Asked 1 Year Ago
asked on Dec 26, 2016 at 03:32
by   tgw7misi
Thank you, Mr Jeff.

Actually JIM would want me to come back for Administration interview on 6th Jan 2017, unfortunately I could not make it due to work commitment but only 2 months later. However, they have threaterned to apply Warrant of Arrest from court to arrest me, so would I ask this kind of warrant, 

1. Is it apply to foreign country as well? 
2. If at all they got the warrant, are the immigration will arrest me on check point once I fly in?

I am wondering if they are such unconsiderate, I am thinking not to settle my due until my passport expire 3 and half years later. Just only the warrant of arrest bugging me.

Thank you.
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4 Answers

answered on Dec 26, 2016 at 06:20
by   jeff005
Actually JIM would want me to come back for Administration interview on 6th Jan 2017
Means there is correspondence between you and JIM?
By telephone or email?

1. Is it apply to foreign country as well?  
NO...

2. If at all they got the warrant, are the immigration will arrest me on check point once I fly in? 
Possible. For your case.. unlikely, if they know you are overseas.
It all depends on the OA in charge of your file.

You can post all the correspondences with JIM on this forum, then only can determine.

Alternatively can send to my email address.

There are other options in your case since you are in contract gainful employment in Dubai.
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answered on Dec 26, 2016 at 15:57
by   jeff005
edited Dec 26, 2016 at 17:30
by   jeff005
@ Tan

Received yr email.

Reference :

Act 360 Bankruptcy

Court may detain or order arrest of debtor and commit him
to prison unless he gives security not to leave Malaysia

9. (1) On making a receiving order, the court, on application
made by or on behalf of the petitioning creditor or any other
person claiming to be a creditor, may detain the debtor if he is
present, and if he is not present may order the debtor to be arrested
and brought before the court by warrant addressed to any police
officer or officer of the court, and unless the debtor, when so
detained or brought before the court, gives security to the satisfaction
of the court that he will not leave Malaysia without the previous
permission in writing of the Director General of Insolvency or of
the court, he may be committed to the civil prison and be there
kept until the close of his public examination or until the court
otherwise orders.

(4) The cost of maintaining any debtor in prison under this
section shall be prepaid by the applicant from time to time to the
gaol authority, according to the cost of rations for the time being

Your security is the passport being held by JIM.
The OA is not making empty threats but provided for in the Bkcy Act.

I do not think the creditor would make such an application for your case.

Q's
1. How did you know about your bkcy?
2. Do JIM have your current contactable address? (in Malaysia)
3. When were you made a Bankrupt? and for what amount?
4. Are there other bank debts on your side?
5. What about other Creditors (debts)?

Opinions
6. Do not think of EPF withdrawals to pay this bkcy debt YET.
7. EPF withdrawal age may changed come 2017.(not verified)
8. You can continue to work overseas (legally) after reporting in to JIM for the 5 years case management.
9. If you get a good and experienced OA, you may be able to go back to work between 2 weeks to 8 weeks provided ALL docs is available, plus Guarantor, plus the 2 types of Deposits required by JIM for working overseas. Note that the first application, they may just allow you travel of 6 months only.
10. Subject to other conditions, 1 year travel, will be given on subsequent applications.

Mr. Tan
I do not not normally reply direct by email. Unless there is personal info disclosed.
My reply will be thru this forum thru your Query.
It is also for sharing for the benefits of others in the same predicament (in the future)

Please feel free to ask further Q's and do not start any new post.
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answered on Dec 26, 2016 at 16:38
by   vkpc
Unless you are owing many millions, warrant of arrest for a bankrupt is rarely executed.
We don't even have a proper civil prison here.
Take care.
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answered on Dec 27, 2016 at 18:24
by   jeff005
edited Dec 27, 2016 at 18:37
by   jeff005
Update

JIM have agreed to change date of reporting in March

No warrant of arrest will be issued.

There is only 1 creditor but may not have filed P.O.D yet.
Travel Ban is there, Newly Bankrupted.

Can have a peace of mind when JIM responded positively.

Email from JIM (earlier) did have a standard "threat".. can ignore..!!
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