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Can I Be Bankrupted?

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asked on May 1, 2017 at 21:52
by   sallysm
Hi,
I have some issues I need help to clarify. Hope you guys can help shed some light.

This morning I received a call from "someone" saying that he is at my house to give me a "Notis Bankrup". I was not at home (Labour Day holiday).
I dont even know that this is possible until I google and read a few forums here.

My question is if they managed to "serve" me, should I attend court? I was away overseas last year (2015 - 2016) but I still pay my PL but maybe sometimes a bit late payment but I still pay. I received calls/ whatsapp from bank/debt collector while I was oversea, sometimes I replied, sometimes I ignored because they are simply rude. But I still pay my installments via online banking.
Since July 2016, my payments are late and I have 3 months in arrears. I am still paying the installments and I have another 3K only to make my account current with no outstanding. I plan to pay the default months by end of May. Then I will be on track again.
THEN, I got this call.
Should I ignore or should I let him "serve my notice"? I can afford to pay my installments because I have a good job offer now and I just came back to Malaysia last month to start working again.

Can someone help/advise me what should I do? Should I attend court and tell judge to dismiss my case and I continue to pay my installments as usual? Is it possible to dismiss case? or any other suggestions? I don't want to be bankrupt. 

PL : 132K  (without interest etc) total after interest etc 215K

What should I do next? Pls help. Thanks.
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answered on May 4, 2017 at 18:35
by   Sallyssm
No.. I am single with no material attachments. Why? You want to introduce your ex to me? I do not take reject goods.
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answered on May 5, 2017 at 05:45
by   sallysm
Hi,
@kiki @notalawyer @jeff005 and the others.

Thank you again for all your advise.
My next plan is to write a letter to the banker's lawyer, ask them to stop the case, attached the bank's letter and my email with the bank officer.
They are so quick to file the case, I'll make sure they are fast to stop the case too.
Still showing as Active in the system.
How long will it take to be deleted/inactive in the system list?
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answered on May 5, 2017 at 15:06
by   vkpc
Hi sallysm,

Do you have wechat?
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answered on May 5, 2017 at 16:12
by   jeff005
edited May 5, 2017 at 18:35
by   jeff005
@ sallysm

You case is odd. Something could have happened while you were overseas. You should have a 10 year tenure and yet before 2 years is up you have been made Judgement Debtor. And then Bkcy Notis. What happened? What went wrong? It is not wrongful of them to initiate bkcy proceedings. Something has happened in between, definitely..!!

Focus on your case, know what went wrong and you may be able to set it aside, not relying on false promises that they not hand service you the N.K. The next service could be substituted service, not hand service. 
Even if they decide not to serve you,
1. You are a Judgement Debtor.
2. Your loan contract has already been terminated 
3. The interests element in the Judgement Order is sure to be different from the initial loan agreement
4. Other legal orders can be obtained against you

Q's
5. You have any tangible assets (house/car/deposits)? Have you bought any assets before?
6. How is your preparation to attend court.
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answered on May 5, 2017 at 17:30
by   kiki
Still showing as Active in the system.
Because to the court the case is still Active. Once, a decision is made eg. lawyer retract the Notis.
Then it will display 'Closed' indicating the case is closed for that stage of litigation.

How long will it take to be deleted/inactive in the system list?
5 minutes after decision is made.
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answered on May 5, 2017 at 18:42
by   jeff005
edited May 5, 2017 at 18:45
by   jeff005
@ sallysm

My next plan is to write a letter to the banker's lawyer, ask them to stop the case, attached the bank's letter and my email with the bank officer. 
They are so quick to file the case, I'll make sure they are fast to stop the case too. 
Still showing as Active in the system. 
How long will it take to be deleted/inactive in the system list?

1. The bank's lawyer will only act upon instruction from the bank itself.

2. This is a lawsuit filed in the High Court. It has been given a FILE NO. It cannot be deleted. Either "closed" or "active".

Q..
The letter send to you (via post or email?), was this word inside the letter.... "Without Prejudice"??
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answered on May 5, 2017 at 20:27
by   jeff005
edited May 5, 2017 at 20:33
by   jeff005
@ kiki

This case reminds me of one case that was posted here (not full details)  1 1/2 years ago. It was not updated, but she updated me via other means.
Remember the 28yr old girl from Alor Setar who is working in Cyberjaya? She nearly committed suicide because of bill collector and so called court officials going to her kampung house at Alor Setar targeting the old folks in that house? She thought that by committing suicide, the insurance will pay to her parents and her parents will settle the bank. IT WAS BANK RAKYAT. 

Of course, the bank did not harass her, the Bill Collectors did. But the twist was that she contacted the bank and the officials there says they would withdraw the N.K. A few months later she checked, the N.K. was not withdrawn, she was actually bankrupted months ago. Since the address was wrong, she was not updated on any notices. The bank should have her latest living address and even working place address in Kuala Lumpur via the bill collectors. Since the amount was high around 200K too and it was in the period of 2 years. I told her to report in to JIM. She was reluctant to as she just started work in a reputable IT company. In the end, she reported in and the last I heard before CNY (she's muslim) she was travelling around SEA for work purposes occasionally.

This Bank's BC and their lawyers who sneaked from behind to bankrupt her is sad story.

@ sallysm

The moral of the above actual case is...
Be prepared to go on 13 Jul 2017 to make sure the case is properly withdrawn.
Which court??
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answered on May 9, 2017 at 00:56
by   sallysm
Hi
@jeff005 @kiki

Q's 
5. You have any tangible assets (house/car/deposits)? Have you bought any assets before? 
A low cost PPR apartment. Fully paid.

How is your preparation to attend court.
Be prepared to go on 13 Jul 2017 to make sure the case is properly withdrawn. 

After reading your feedback on the example case above, I will start preparing. I received another letter from bank via email that said, "Pihak Bank telah mengarahkan peguam untuk tidak meneruskan tindakan" This letter is after my full arrears payment last week. I will continue to follow up with bank too at the same time while preparing.

The letter send to you (via post or email?), was this word inside the letter.... "Without Prejudice"??
It has "Tanpa Prasangka". The letter is an attachment via email.
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answered on May 9, 2017 at 01:17
by   jeff005
A low cost PPR apartment. Fully paid. 
Hahaha.. as i had always pointed out.. This is the "TRIGGER".. Force you out to settle..

"Tanpa Prasangka"
Can also means that they can turn back on any agreements made with you.
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answered on May 9, 2017 at 04:21
by   vkpc
Tanpa Prasangka means Without Prejudice.
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