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Misinformed about date for Creditor's Petition Hearing

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asked on May 26, 2017 at 21:46
by   kennylee299
edited on Aug 5, 2017 at 06:30
 
Here are the facts.

1. What can I do if I was misinformed about the hearing date for the Creditor's Petition? I received the lawyer's written notice to attend the hearing on, (example) 22 May 2017, and when I went to the court, was informed that the hearing was already completed on 21 March 2017 and an Receiving Order/Adjudication Order (RO/AO) issued, in my absence, in favour of their client. I was therefore declared Judgement Debtor.

2. I went to see the presiding Penolong Kanan Pendaftar (PKP). She looked over the lawyer's notice and was perplexed, but she informed me that, yes, the case was already closed, and that she cannot just "withdraw" the judgement. She said that I'd have to liaise with bank's lawyer to inquire about the confusion/misinformation of dates.

My apologies if I inadvertently use some terms inappropriately.

Would be much obliged if anyone can shed light on what I can do about this.
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answered on May 26, 2017 at 22:45
by   mike
edited Aug 5, 2017 at 06:31
 
and when I went to the court, was informed that the hearing was already completed on 21 March 2017 and an Receiving Order/Adjudication Order (RO/AO) issued, in my absence, in favour of their client. I was therefore declared Judgement Debtor.

IF RO/AO issued, you are not a Judgement Debtor. You are declared a bankrupt.
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answered on May 26, 2017 at 23:43
by   jeff005
edited Aug 5, 2017 at 06:32
 
Obviously the lawyer will claim typo error.

Fight to reverse whatever "Perintah" (Judgement) that was given within 14 days of you knowing it. It MAY not be too late as today is 26 only. You have letter as evidence. Duplicate copies, do not lose it.

And "NO EXAMPLES" please. Accurate dates.
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answered on May 26, 2017 at 23:47
by   notalawyer
edited Aug 5, 2017 at 06:33
 
The Penolong Kanan Pendaftar (PKP) was wrong on 2 counts

1.  Firstly she was wrong when she did not check that you were notified of the correct date before entering the AO and RO.
2.  Secondly she was wrong again when she said that she cannot withdraw/reverse her decision.
As long as the AO RO Order has not been sealed yet, the High Court has wide powers to amend/reverse it's own decisions.

If you feel that you have good reasons to oppose the Creditor's Petition, you can write a letter to the law firm to notify them that you were given a wrong date and propose that both parties go to see the PKP again to cancel the AO RO and set a new date for the Creditor's Petition hearing.
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answered on May 26, 2017 at 23:49
by   notalawyer
edited Aug 5, 2017 at 08:05
 
If the law firm refuses to help you correct their mistake, please name the law firm here.
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answered on May 27, 2017 at 15:22
by   kennylee299
edited Aug 5, 2017 at 08:13
 
Thank you all, for your help.

@ jeff005
And "NO EXAMPLES" please. Accurate dates.

Thank you for your help. Here are the actual dates.

Date of hearing appearing on lawyer's notice: 24 May 2017
Date of actual hearing: 23 March 2017

@notalawyer

As long as the AO RO Order has not been sealed yet, the High Court has wide powers to amend/reverse it's own decisions.

In this instance, what does seal mean, if I may ask?

If you feel that you have good reasons to oppose the Creditor's Petition, you can write a letter to the law firm to notify them that you were given a wrong date and propose that both parties go to see the PKP again to cancel the AO RO and set a new date for the CP hearing

Yes, I intend to do that

If the law firm refuse to help you correct their mistake, please name the law firm here.

Would that be wise in a public forum?
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answered on May 27, 2017 at 16:51
by   jeff005
edited Aug 5, 2017 at 08:15
 
@ Kennylee299

Would that be wise in a public forum?
Whether it is by error or by trickery, this lawyer have made you a BANKRUPT! Know what are the implications of being one?

If you intend to FIGHT this bankruptcy, you must have the courage to face many obstacles. If that law firm refuses to correct their mistake.. then it is WAR!
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answered on May 28, 2017 at 21:29
by   anonymous
In this instance, what does seal mean, if I may ask? 

Stamping the mahkamah chop on the order paper to confirm the judgement.
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answered on May 28, 2017 at 22:33
by   vkpc
Would that be wise in a public forum?
There is no question of defamation if what you say is true, so don't worry.
Alternatively you can also show the image of the letter here.
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answered on May 28, 2017 at 23:49
by   jeff005
edited Aug 5, 2017 at 08:21
 
Stamping the mahkamah chop on the order paper to confirm the judgement.

AO - Adjudication Order
RO - Receiving Order

The Adjudication Order is out on the the you are made a bankrupt.
The Receiving Order will come after 14 days of the issuance of the Adjudication Order.
There is a 14 days grace period for you to appeal against the Adjudication Order.

Once the AO/RO is sealed, under most circumstances, very difficult to appeal.
Once the AO/RO is sealed, the High Court will send the sealed Orders to Jabatan Insolvensi Malaysia.

Jabatan Insolvensi Malaysia would then notify Bank Negara Malaysia and Jabatan Immigration Malaysia of your bankruptcy.
Jabatang Insolvensi Malaysia will write to you, ordering you to report in.
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answered on May 29, 2017 at 12:49
by   kiki
edited Aug 5, 2017 at 08:23
 
@Jeff005,

AO - Adjudication Order
RO - Receiving Order


Based on the latest 'pindaan' (amendment) to the Bankruptcy Law the above term will just be refereed as the Bankruptcy Order.
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