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Preparation for the worst

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asked on Apr 5, 2017 at 18:00
by   shahril
Hi All

I am 35 year old and working as Procurement Manager in one of the subsidiary in conglomerate company in Malaysia.Short Brief of myself
Salary = RM 6400
Utility = RM - 2000 ( House Rental + astro + Unifi )
Commitment = RM - 2600 ( 2 car + CC + PL)
Makan + Sekolah + Other = RM -2000
So balance monthly insufficient RM 200 and no money for myself.
What i do for the last 1 year, i skip payment for CC and PL - RM 1,200..
This 1200 i use for fuel, makan tghari, klinik, etc

What happen was from the last 1 and half year ago, i been scam in my business with amount of RM 70K, the person run away. did the police report but the pegawai penyiasat says it was commercial case. and if i want to pursue, he suggest for me to go to court. I didt engage lawyer la coz no money.

Since then, i using my saving to settle debt until no more money lagi to pusing around and i stop paying the bank for CC and PL. Car loan still pay coz takut kene tarik..
Summary of my Loan as in CCRIS
Car 1 = Bank M okay
Car 2 (wife) = Bank R okay
Car 3 ( Brother) = Bank P outstanding 3 month. ( my name but my brother paid monthly)
PL = Writ Ingkar says bank want RM 125K ( initial loan was RM80K)
CC = Writ Ingkar says bank want RM 15K ( latest reminder was to proceed with WSS)

What happen now as 3 April 2017, the PL bank want RM 10K to settle out the outstanding.
If not, their will start the CP proceeding.

Question = I have check the CTOS date 31 March 2017 but the "Bankruptcy Proceeding thru New paper is Nil. This might due to the attempt from the bank to deliver the Bankruptcy Notice (BN) to me was unsuccessful due to change of delivery address.
The writ ingkar their post to my parent house at kampung.
Surely PL bank need to get court approval for substitute service right or their can just proceed with CP if the court allowed it.
And how if i want to check the existing of the BN for me? at makhmah tinggi? but i dont have any reference number,

To be continues.....
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answered on Apr 6, 2017 at 03:00
by   shahril
edited Apr 6, 2017 at 03:03
by   shahril
Try to find online for William Chan Book.. However, MPH is sold out.  
Will search other places


Already email jeff
Waiting him to reply
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answered on Apr 6, 2017 at 04:03
by   kiki
I checked at efilling website.. 

If you have checked thru the efiling means you have the case number.

mention the case is closed.. 

It is " closed " because you were adjudged Penghakiman Ingkar or Judgement in Default (JID). The case is closed. You made a debtor. And it is closed based on that stage.

If later the bank (Plaintif)  file a Notis Kebankrapan then the status will indicate "Active" 
for PK(1) Pengurusan Kes or Case management stage.

But, since you have two court cases, which one did you checked?
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answered on Apr 6, 2017 at 04:21
by   kiki
Then, if i been declare bankrupt 
1. does JIM inform my employer? 

No.

2. Am i been terminated, even i was the procurement manager, i not dealing with vendor as my staff will do and my signature in any approval was small due to i have GM procurement to endorse the proposal. the ultimate approval will come from head of company. 
I am process and observed the process

It does not matter what position you are in the company. It depends on what was your terms and conditions when you were employed.

No termination if they don't know. But you need to get JIM consent to open up a new bank acccount for your salary.
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answered on Apr 6, 2017 at 05:07
by   kiki
What is the rule of thumb for JIM to calculate and set my monthly payment to JIM 
Base on your declared statement of income and expenditure to them. 

Maybe around 10% of your income. They will also check and balance it. Do you think reasonable for a bankrupt to owns 3 number of cars?
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answered on Apr 6, 2017 at 11:01
by   vkpc
Did you receive any of the Writ Saman?
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answered on Apr 6, 2017 at 13:33
by   shahril
edited Apr 6, 2017 at 13:38
by   shahril


Hi Kiki.

The e filling status for both PL loan and CC.
PL is Bank Rakyat
and CC is RHB
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answered on Apr 6, 2017 at 13:40
by   shahril
If later the bank (Plaintif)  file a Notis Kebankrapan then the status will indicate "Active"  
for PK(1) Pengurusan Kes or Case management stage. 

But, since you have two court cases, which one did you checked


Since both is PK(1), it that been Notis Kebankrapan been issue?
A bit confuse..
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answered on Apr 6, 2017 at 13:50
by   shahril
Hi VKPC

the WSS letter from RHB
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answered on Apr 6, 2017 at 23:44
by   kiki
Since both is PK(1), it that been Notis Kebankrapan been issue? 
A bit confuse..

That was pengurusan kes for the summon stage. 
Since you did not attend or file Notis Kehadiran, the plaintif lawyer manage to get judgement the day.
Every stage has its own case management before trial proceeding.
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answered on Apr 8, 2017 at 02:59
by   vkpc
Regarding the WSS letter from RHB, it is mostly an empty threat.
In my 10 years in this forum, no bank has ever done WSS on a common house.
Banks know it is risky to do WSS, because
a. the resident might mengamuk.
b. it is difficult to sell the seized items
So you can safely ignore RHB and concentrate on the other banks.
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