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Children to travel oversea with Bankrupt Parent

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asked on Mar 31, 2017 at 15:35
by   symbicort
edited on Apr 10, 2017 at 06:06
 
My mom is under bankruptcy since the date of Adjudication Order in August 2011. She was filed bankrupt by a business supplier. Currently she is 62 years old and suffering Rheumatoid Arthritis. We, her children, would like to bring her for an oversea family trip. I went to Jabatan Insolvensi Malaysia (JIM) last year to follow up her bankruptcy status and I was shock that the amount around RM120,000. My mom told me that she owes the supplier that time (2003) was RM40,000. 

Recently my sister went to JIM again but this time the officer requires us to fill a lot of family questionnaire like our (all children) income, asset and others. My sister says the appointment with JIM officer will be on 24 May 2017. She is not working since the business close down ...all the income are from the children. My questions:

1. How can we help her to get back the passport to travel?
2. JIM require us to fill in our income and asset... are we (the children) will be required to help her to settle of the amount?
3. How long it takes for the whole process to get back her passport?
4. Do we need a lawyer for this bankruptcy case?
5. Due to her age, will JIM removes her bankruptcy status?
6. What is the procedure to do at JIM office in May appointment?
7. Can we appeal regarding the amount if we want to settle off?
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7 Answers

answered on Apr 3, 2017 at 03:41
by   jeff005
edited Apr 10, 2017 at 06:09
 
1. What happened to her passport? She has an expired passport.
2. No. She is only responsible for her debts. Just fill up the forms and submit all the Birth Certificates. There are no issues. In fact helps her.
3. She did not report in upon bankrupted. There are other procedures to adhere to. 
4. What is the purpose of the lawyer? Wasting moneys. What can the lawyer do?
5. No. Some terminally ill people and some even at age 70 have been bankrupted.
6. Fill up all the forms accurately.
7. Report in to Jabatan Insolvensi Malaysia (JIM) first. Then negotiate with ALL creditors thru JIM.
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answered on Apr 3, 2017 at 03:45
by   jeff005
edited Apr 10, 2017 at 06:11
 
By the way, Jabatan Insolvensi Malaysia (JIM) never asks for children's income and assets. Who told you? She has to submit husband's details and submit all legal children' birth certificates only.
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answered on May 13, 2017 at 11:56
by   symbicort
@jeff005 

Thank You for your wonderful advice or answer. Jeff005 ..My mum started her first repayment this monthly. We the children wishing to bring her to travel to meet my uncle at HK. If there high chances for JIM to approve her application where we plan on Nov 2017 ?

As i know, JIM need a some bond and deposit. How much ? Do they have a fix rate ? What is refundable and what is not refundable ? 

Thanks Jeff005
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answered on May 15, 2017 at 04:25
by   jeff005
edited May 15, 2017 at 04:29
by   jeff005
 If there high chances for JIM to approve her application where we plan on Nov 2017 ? 
After 3 months of payments, talk and rayu with her OA.
Go Oct.. early Nov might be too cold for old folks. Middle of Oct go Beijing if she has not been.

For travelling overseas
1. Provide a Guarantor
2. Deposit if 3-5K (depending on OA) - Refundable
3. 6 months advance payment of monthly installments to JIM

What is the monthly payments to JIM for your mom's case

Happy Mom's day to her
N u too
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answered on May 16, 2017 at 01:00
by   symbicort
thanks, Jeff...for the information and thank you for concerning the old people.

currently, she has to pay monthly RM100 to JIM. OA requested RM120 but I negotiated with OA from RM120 to RM100 as her income is from the children.

Jeff...according to her debt owing to the vendor was 34k those days and in JIM was 130++ and she is very confirmed the amount. She told us might be the Vendor cheat her that time. She even says she did not sign any document amounting 50k above. This makes very curious. Jeff...can we request or fail to court the see all the proof? Worth it? Who is going to pay the court fee? If confirm she did not sign any document more than 50k, what should we do?
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answered on May 16, 2017 at 02:58
by   jeff005
edited May 16, 2017 at 02:59
by   jeff005
Too late for those things already.

She has been hauled to court twice
1. Made Judgement Debtor
2. Made bankrupt
Why was there no defense tendered? Did not attend and/or did not know?
Rm100 is okay ma... The creditor had to forked out more.. hahahaha

You can get all those docs from JIM or go to the court that bankrupted her to extract docs using her i/c. Btw.. signatures of invoices/delivery orders/purchase orders/sales order can be easily forged.
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answered on May 16, 2017 at 17:47
by   jeff005
@ symbicort

Do i need a lawyer to issue letter or action?
For what purpose? You are the ND. Any action, you are suppose to answer. Suing yourself?

.i get a friend who know well on company issue to sit on the second position. Company pay him 1800 pm
Since yr friend is so verse, get him/her to settle this issue. 1800pm as ND for just a dormant co is very very good rates.

There is nothing you can do except to pay for all the Audit, Accounting, Comsec Fees now. You can never get the foreign company to pay (if they do not want to). Sue them overseas? Hahaha.... Who ask you two to be ND? To close a sdn bhd can burn a big hole in yr pockets, check with your Comsec. It is a lesson badly learned.
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