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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 29, 2017 at 15:55
by   jeff005
@ kiki

Noted with thanks.

In any case kenny is still under the old proceedings.
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answered on May 29, 2017 at 18:25
by   kennylee299
edited Aug 5, 2017 at 08:25
 
Thank you for the info, Jeff. Very much appreciated. I will send out the letter to the lawyer today, by registered post, with cc's to the Jabatan Insolvensi Malaysia and the Penolong Kanan Pendaftar.

In the meantime, if I may ask, and at the risk of appearing ignorant, what would/should be my objective at the new hearing (at any Creditor's Petition hearing, in fact), if I ever manage to get one?

Much obliged.

Thank you all.
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answered on May 29, 2017 at 19:05
by   notalawyer
I will send  out the letter to the lawyer today...

Post the letter here for checking.
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answered on May 29, 2017 at 23:17
by   kennylee299
edited Aug 5, 2017 at 08:34
 
@ notalawyer

Thank you for your help.

Post the letter here for checking

Here it is:

Dear Sir,

RE: SERIOUS ERROR IN BANKRUPTCY CASE *********************
       (YOUR REF: **********************************)

The above matter refers.

1. On the 24th, May, 2017 I went to the ******************* (High Court) for the hearing of your Creditor's Petition, as stated in your hand-delivered notice dated 30th November, 2016 (your reference: ********************; please refer to attached copy), but was informed that on  the 23rd March, 2017, the case was already heard and closed, and an AORO delivered by one ************************* (please refer to attached image print-out)

2. Why was the case brought to mention on the 23rd, March, 2017 when your notice clearly stated that the hearing was scheduled for 24th, May 2017?  Kindly explain this serious error, and do the necessary to schedule a meeting as soon as possible with the presiding Penolong Kanan Pendaftar for the purposes of: 1) canceling the AORO, and 2) to reschedule a new hearing.

Please revert back to me on this matter with the utmost urgency.

Thank you.

Sincerely,

cc. Ketua Pengarah, Jabatan Insolvensi Malaysia, ….....................

cc. ************** Mahkamah Tinggi …................................
I have not posted the letter yet (by registered post), seeing there might be further input from more knowledgeable people here. I will give it one more day.

I've also enclosed screenshots of extracts of the lawyer's notice and also the computer record of the hearing/judgement below.





@Kiki @vkpc @notalawyer, again, if I may ask, at the risk of asking the obvious and appearing ignorant, what would/should be my objective at the new hearing (at any Creditor's Petition hearing, in fact), if I ever manage to get one? 

Thank you gentlemen (and ladies, as the case may be)

I'm much obliged and very much in your debt.
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answered on May 30, 2017 at 01:18
by   notalawyer
edited Aug 5, 2017 at 08:36
 
2. Why was the CP hearing conducted on the 23rd, March, 2017 when your notice clearly stated that the hearing was scheduled for 24th, May 2017?

3. Kindly take notice that both parties have a duty to correct any irregularly obtained Judgements.

4.  As such, I propose that both parties meet as soon as possible with the presiding Penolong Kanan Pendaftar for the purposes of cancelling the AORO and to reschedule a new CP hearing.

5. Take notice that the High Court has wide powers to amend/reverse it's own decisions.

6. Please revert back to me on this matter with the utmost urgency.  My HP : 012-XXXXXXXXX
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answered on May 30, 2017 at 01:22
by   notalawyer
if I may ask, at the risk of asking the obvious and appearing ignorant, what would/should be my objective at the new hearing (at any CP hearing, in fact), if I ever manage to get one? 

Why did you attend Court on 24th May 2017?
What was your strategy at that time?
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answered on May 30, 2017 at 17:29
by   kennylee299
edited Aug 5, 2017 at 08:40
 
Thank you @notalawyer. I have amended the letter to reflect this. Much better and more focused than my version

Why did you attend Court on 24th May 2017? 
What was your strategy at that time?


I had no idea.

On the 30 November 2016, I went to the court for the first time, based on the date indicated on their first notice. However, the clerk at the counter told me that I needn't attend court on that date (30 November 2017) but should attend the Creditor's Petition hearing on 24 May 2017. And she said, and I quote, "24 Mei, datang tak datang pun bankrap juga".

Based on that, I thought the game was over, that I was done for, and that there was no more room to maneuver or negotiate. I went only with the intention to hear what was going to befall me and with the slim hope that, perhaps, I can relate my current circumstances and situation, and the off-chance of being able to plead for a chance to resolve the debt at a much lower amount, paid out in instalments spread over a number of years, without being declared a bankrupt.

Maybe I was ignorant, or naive, but that was what I thought. Would appreciate your learned advice in this matter.
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answered on May 31, 2017 at 04:23
by   notalawyer
perhaps, I can relate my current circumstances and situation, and the off-chance of being able to plead for a chance to resolve the debt at a much lower amount, paid out in instalments spread over a number of years, without being declared a bankrupt.

At this CP stage, the bank would normally not accept a lower amount or installments and the Court has no power to force them to accept anything.  Sob stories will not change the outcome.
Let's see what the lawyer replies first.
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answered on Jun 6, 2017 at 17:21
by   kennylee299
edited Aug 5, 2017 at 08:38
 
Hi all...

An "interim update".

The lawyer in question has contacted me and said something along the lines of, "Strange, my notice also says 24 May 2017. But my staff told me that there was a change of date and that notification of change was sent out"

My answer was, "Well, if I didn't receive any notice, then I WASN'T notified, right?" And he said he will go check at the court next week and come back to me. In the mean time, my bank account was already closed and the funds transferred to the Official Assignee last month.
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