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Bankruptcy from Bank Pertanian

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asked on Aug 3, 2017 at 05:40
by   shamsulkamal85
edited on Sep 30, 2017 at 03:20
 
Can I know if there is any possibility that a bank can make a guarantor a bankrupt? When I check the status of the principal borrower of the loan, no bankruptcy proceeding has been commenced yet.

Baru saja dibankrapkan 25 July 2017.. I just went to the Jabatan Insolvensi Malaysia (JIM). They were also surprised but I have made an appointment to meet the Insolvency Officer this 15 August. 

I called the bank and managed to speak to the bank officer. I asked them as to why the principal borrower has not been adjudged a bankrupt while I was made a bankrupt. The officer kept saying that the principal borrower has special case with the bank. When I insisted for an answer then suddenly she told me that the principle borrower has won a legal battle against the bank, so the bank has no choice but to file bankruptcy against me.

The officer said they tried to call me and sent me letter to address I no longer use. She then ask me whether I read newspaper. I told them, no, I read online news.

My point here is what should I do? My savings account has been frozen. My HR already noticed this as I work in the banking industry too.

I also went to Bank Negara to lodge a complaint but the officer at Bank Negara said that I can't lodge complaint because I don't have any proof to do so.

I did a search with Jabatan Insolvensi Malaysia (JIM) on the principal borrower's name and it was confirmed that he is not a bankrupt.

Can someone please advise me..

They ask me go to court and find the case file and ask for a copy to lodge complaint. Can I do that? Can I sue the bank because of this?
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answered on Sep 5, 2017 at 19:05
by   shamsulkamal85
edited Sep 30, 2017 at 04:07
 
@vkpc

Paragraph 2 Penjamin bagi pembiayaan dibawah Projek Pertanian. I am not recognized as penjamin social for this loan therefore they can bankrupt me although the primary borrower they let him free. Can they do this to me?
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answered on Sep 5, 2017 at 19:25
by   vkpc
As notalawyer explained to you earlier, because the loan is a Business Loan,
by definition you are not a Social Guarantor.
Because you are not a Social Guarantor, the bank has every right to bankrupt you without bankrupting the borrower or chasing the borrower.  This is law.
The letter has explained it exactly as explained by notalawyer earlier.

So your complaint of the bank not chasing the borrower does not hold water.
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answered on Sep 5, 2017 at 19:31
by   vkpc
Your second complaint to Bank Negara is about not being informed about the bankruptcy proceedings.
The bank has replied that they did advertise the Notice of Bankruptcy and Creditor's Petition in Berita Harian.  It is not their fault that you, your friends and all your relatives did not read Berita Harian.

So your 2nd complaint to Bank Negara also does not hold water.
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answered on Sep 6, 2017 at 18:49
by   shamsulkamal85
edited Sep 30, 2017 at 04:11
 
@vkpc

So your complaint of the bank not chasing the borrower does not hold water.
Even when there is proof that the borrower in good health and wealthy financial condition? Can this be done as why I need to become indebtedness for their fault. They walked free but I'm the one who need to settle this. This seem not fair to me. 

I'm writing to them again via email this time, emphasizing that I would like to know how that the borrower can be scot-free 2 years ago. Am awaiting their reply and will paste their reply here.
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answered on Sep 6, 2017 at 19:22
by   kiki
edited Sep 30, 2017 at 04:12
 
I would like to know how that the borrower can be scot-free 2 years ago.
Find his case number and extract case document from the court. This will help you find what are his 'alasan' in court that he managed to be free.
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answered on Sep 6, 2017 at 21:07
by   shamsulkamal85
edited Sep 30, 2017 at 04:14
 
@kiki

Find his case number and extract case document from the court. This will help you find what are his 'alasan' in court that he managed to be free.

Yes, I'm doing this too. I tried to find the case document at Mahkamah Jalan Duta by using borrower's IC number but can't find it. Today, I am going to purchase CTOS report hopefully there is case number stated inside the information. Because at the moment no one can help me find his case number.
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answered on Sep 6, 2017 at 21:40
by   vkpc
edited Sep 30, 2017 at 04:15
 
Even when there is proof that the borrower in good health and wealthy financial condition? Can this be done as why I need to become indebtedness for their fault. They walked free but I'm the one who need to settle this.

The answer to this question is that :-

The borrower do not owe the bank anything.
This is proven in court when he won the case.
So how can you ask the bank to chase him when he don't owe the bank anything?

This seem not fair to me.
It is also partly your fault when you decided not to fight the Writ Summons.
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answered on Sep 7, 2017 at 01:49
by   kiki
edited Sep 30, 2017 at 04:18
 
I tried to find the case document at Mahkamah Jalan Duta by using borrower's IC number but can't find it.
We told you so, to seek for the case number. Court cases data base is does not rely on one IC number. What did the registration counter told you when you furnished them with the IC number?

Because at the moment no one can help me find his case number.
Do you know the law firm that represent the bank. Ask them (law firm) if the bank refused you of this info.

Today, I am going to purchase CTOS report hopefully there is case number stated inside the information.
Whose CTOS report? Yours or the main borrower?

I'm writing to them again via email this time, emphasizing that I would like to know how that the borrower can be scot-free 2 years ago.
You have lodged complaint to Bank Negara Malaysia and they have replied you via the bank. This time are you expecting that the reply would be an apologetic one saying they made a mistake?
Back to square one, the borrower fight it out in court, for whatever reason, it must have been within the existing law and the court has accepted it.  Unfortunately you fail to fight it when you received the writ summon.  
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