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Bankruptcy: Receiving or Adjudication Order issued on 30 March 2015

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asked on Sep 10, 2017 at 21:13
by   abdis
edited on Oct 3, 2017 at 10:08
 
I was adjudged a bankrupt  on 30/3/2015 by the Shah Alam High Court on a petition filed by Ambank(credit card).

Recently upon checking with CTOS I found out that Citibank has Issue Bankruptcy Notice and file for Bankruptcy on 22-08-2016 also at Shah Alam High Court.

I have already been made a bankrupt on 30-3-2015 and can the second creditor (Citibank credit card) file another bankruptcy proceeding against me?

By right when Ambank file for bankruptcy, Citibank and other financial institutions should come with their proof of debt.
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5 Answers

answered on Sep 10, 2017 at 21:40
by   Supriano
Did you complete or include other banks in your list of creditors in the filing of your SOA by OATH?

By bankruptcy laws it is your legal responsibility so dun blame the creditors. Should show proof of posting by yourself or JIM to inform those banks to come for the 1st Creditors Meeting @JIM. 

Why worry since you are already a Bankrupt. Just attend the proceeding and get your OA to go with you if there are any additional "Pleadings" to make.

Even if the banks are aware of your bankruptcy, there may still file for N.K. as it is Financial Laws that they (the Bank) have pursue up to the last court action, that is bankruptcy, only then the debt can be properly written off from the bank's books of accounts. That is Book Keeping, not accounting..!!
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answered on Sep 10, 2017 at 23:05
by   abdis
I only knew that I have been made a bankrupt when I checked BNM Ccris report and Ctos report on 8 Aug 2017.As such I have yet to go the Insolvency Dept in Shah Alam to discuss with the official re inclusion of 10 other banks in my list of creditors and the filing of my SOA by Oath.
It is upon JIM to inform those banks to come for the 1st Creditor Meeting@JIM.
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answered on Sep 11, 2017 at 03:22
by   jeff005
edited Sep 11, 2017 at 03:31
by   jeff005
It is upon JIM to inform those banks to come for the 1st Creditor Meeting@JIM.
It would prudent for you to get a copy of all the letters send out by your OA.
Post a copy direct to those banks by yourself and keep all the receipts for future use.
You cannot rely those government officers to do work diligently, if they fail you, it is your onus to prove, not they (the banks) to prove.

There are so many bankrupts asking in this forum why are they being bankrupted after being discharged from bankruptcy and some have asked why are being bankrupted twice as in your case. And there are documented cases where JIM do open 2 separate Bkcy File for different bkcy filed.

Citibank may or not beware of your bkcy status until they file the N.K. and then the C.P. However since the moneys have spend, they carry on the filing which could been rejected by the court and not updated on CTOS sys. And the possibility of being bankrupted twice as the defendant or nobody attending the proceedings.

Be forewarned  this "It is upon JIM"  is a very big loose end may come back to haunt you if you are aiming for a discharge in the future.
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answered on Sep 13, 2017 at 04:43
by   abdis
My total outstanding with the 11 credit cards co.come to almost RM2.6 M .Self filing for bankruptcy will cost me money.Since I was adjudged a bankrupt, I might as well pay JIM RM100 per month for 5 years and apply for a discharge when the time come.5 years from now I'll be almost 70 years old.I doubt if I can live that long.I hv no property (not even a bicycle) and I am living with my son who provides me with a roof over my head and food on the table.
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answered on Sep 13, 2017 at 04:55
by   kiki
My total outstanding with the 11 credit cards co.come to almost RM2.6 M .Self filing for bankruptcy will cost me money.Since I was adjudged a bankrupt, I might as well pay JIM RM100 per month for 5 years and apply for a discharge when the time come.5 years from now I'll be almost 70 years old.I doubt if I can live that long.I hv no property (not even a bicycle) and I am living with my son who provides me with a roof over my head and food on the table.

In your case, paying JIM RM50 is already too much. Don't do anything. Just enjoy your life..
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