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Bankruptcy notice from CIMB, but Jabatan Insolvensi Malaysia has AmBank documents

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asked on Dec 20, 2017 at 12:30
by   cerato005
edited on Dec 29, 2017 at 05:21
 
My husband has been declared bankrupt by CIMB bank in April 2017, but when my husband attended the interview session in May 2017 at Jabatan Insolvensi Malaysia (JIM), my husband found out that CIMB didn't submit any documents to JIM yet, but instead JIM has Ambank documents for his RM3,000 credit card debt 10 years back. The debt amount has now increased to more than RM30,000 and there was not a single notice received from AmBank. 

When he questioned the Pegawai In-Charge, she was not able to give any answers & arranged for another session yet unable to come up with any answers. In fact, we have sent an email sometime in July 2017 after the interview session but no response received from her. Recently, my husband found out his case has been taken over by another pegawai. Until now there is no proper answer received.

To go in details, CIMB housing loan is under 2 names (my husband & his ex-wife), but judgement amount against my husband is the whole sum, meaning the court didn't divide the amount into 2. He disputes the amount but they have lost his housing loan file, and was not able to produce statement from day 1 (loan starting date). The original loan was with Southern Bank thereafter they merged with CIMB, that's when the bank lost his loan file. Been to CIMB many times but answers were not available instead they proposed a huge amount as settlement and payable in short instalments, which we are cannot afford. That's why they filed this bankruptcy.

Need some advise from experts here.
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answered on Dec 20, 2017 at 16:31
by   kiki
edited Dec 29, 2017 at 05:25
 
more than RM30,000 and there was not a single notice received from AmBank. 
When a person has been bankrupted by a creditor, other creditors need not give any notice. They just need to submit POD (Proof of Debt) to JIM.

but judgement amount against my husband is the whole sum, meaning the court didn't divide the amount into 2.
It is not the court's role to divide the sum by two. In fact, if later his ex-wife were to be charged to court for the same reason the judgement will also be the same - the whole some.
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answered on Dec 20, 2017 at 17:28
by   jebat
edited Dec 29, 2017 at 05:27
 
CIMB housing loan is under 2 names (my husband & his ex-wife), but judgement amount against my husband is the whole sum, meaning the court didn't divide the amount into 2.

Biasanya perjanjian pinjaman bank ada klausa "membayar bersesama dan berasingan"
( dalam bahasa inggeris "jointly and severally liable" ) yang bermakna suami kamu perlu membayar keseluruhan hutang jika bekas isterinya tidak bayar.
Peminjam-peminjam telah bersetuju the klausa tersebut bila menandatangani perjanjian tersebut secara sukarela.  Tak ada isu di sini.
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