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Bancruptcy Notice unserve and bank account freezed

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asked on Apr 16, 2017 at 05:43
by   Drm1971
edited on Apr 25, 2017 at 07:49
 


I don't know how to ask in lawyer language and I will try to make you all understand as much as possible.

Last week, I intended to withdraw money to pay for my son's hospital bills. To my surprise, my bank account in Maybank has been frozen due to a Bankruptcy Notice has been served. I went to Maybank and they showed me the remarks in the system. BN served by lawyer. After trying to call the lawyer, I googled and found this forum. And as far as I know from this forum, only 3 conditions allow the bank to freeze ones account. One of it is by court order. So, I asked the lawyer to furnish me the court order concerned but the lawyer keep on pushing me to call the banker where I owe money.
I have been trying to call the person handling my case with the creditor bank few times but not able to get thru.

Then I came across my case and this remark in the Mahkamah website. (as per attach picture)

My questions:
1. Is what Maybank doing (freezing my account is valid/permitted) while I am yet to be served a Bankruptcy Notice?
2. My next hearing will be on the 18 April 2017 and I only know this from the same website. No letter and no instruction or info from the lawyer when I called them. Should I attend?
3. If I were to attend the hearing.. what should I say? Can I ask them why my account being frozen while I am not a bankrupt yet.
4. I know I will not able to pay the loan as my son needs money for leukemia treatment, what should I say to buy some time so I can do some asset transfer that I can sell off to pay for my boy medical bills.

While typing these questions I am still taking care of my sick boy who has been hospitalized after chemotherapy for 23 days already.

I hope I can get a reply because frankly I am not sure what to do and to engage a lawyer to represent me is a very costly thing to do as I need to save for my boy treatment cost.

Please help.. and thank you very much for your attentions and replies.

~strugglingmom~
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1 Answers

answered on Apr 16, 2017 at 14:06
by   notalawyer
1. Is what Maybank doing (freezing my account is valid/permitted) while i am yet to be served a BN.
According to the terms and conditions of your savings/current account with Maybank, the bank has the right to freeze your account as soon as a Notice of Bankruptcy is filed against you, and you agreed to these terms when you opened the account.
As far as i know, Maybank is the only bank that has these terms, please avoid this bank in the future.

2.my next hearing will be on the 18/4 and i only know this from the same website.
No letter and no instruction or info from the lawyer when i called them.  Shd i attend?
18 April is just 2 days away.
There is not enough time to think about a strategy.
I think should wait for the next hearing or wait until you have been served the BN first.

3. If i were to attend the hearing..what shd i say?
Can i ask them why my account being frozen while i am not a bancruptcy yet. 
No. Your account being frozen has nothing to do with the Court or the suing bank.
It is between you and Maybank, and there is nothing can be done about it.
The funds in Maybank is considered as good as gone for now.

4. I know i will not able to pay the loan due to my son need money for leukimia treatment,
what should i say to buy some time so i can do some asset transfer that i can sell off to pay for my boy medical bills.
Since you are not attending this round, there is nothing to say.
If anybody comes to serve you the Bankruptcy Notice, just say "no such person".
Do not sign receipt of the Notice of Bankruptcy!
This will buy you an extra 2-3 months to sell some things.

Which bank is trying to make you a bankrupt?
Which hospital is treating your son?
Is your husband helping with the medical bills?
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