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Procedure to file for bankruptcy myself

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asked on Mar 1, 2018 at 13:06
by   Anonymous1
edited on Apr 12, 2018 at 23:57
 
I would like to know hows the procedure to file for bankruptcy.

I made a loan in 2008, failed to pay and I was summoned for the amount RM37,000 back in 2010. I received a letter from court stating the 'koperasi' I owe too wishes to add in the summons a 1% penalty every month starting from the date I failed to pay. I'm not sure yet what will be the final amount after adding that penalty, but assuming it turn to be above RM50,000.

So my question are:

1. Will the amount in the 2010 summons be automatically changed to the new amount or the 'koperasi' must do another request to change details in the 2010 summons?

2. If the amount still remain at RM37,000, must the 'koperasi' come out with a new summons for the new amount? Can they do this even after over 6 years? Or since they already summoned me back in 2010, they can make a new summons as long its within 12 years after the 2010 judgement date?

3. If the new amount becomes above RM50,000, must they come out with new summons reflecting the new amount before they can proceed for bankruptcy? Or not needed? As long the amount after adding all the interest and penalty is above RM50,000 they can just proceed as long already got judgement back in 2010 (but amount in 2010 is RM37,000 )?

Thank you for your kind input.
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answered on Mar 1, 2018 at 14:38
by   vkpc
I received a letter from court stating the koperasi I owe too wishes to add in the summon a 1% penalty every month starting from the date I failed to pay.

Post image of letter here for checking.
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answered on Mar 1, 2018 at 16:58
by   Anonymous1
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answered on Mar 1, 2018 at 17:09
by   vkpc
edited Apr 13, 2018 at 00:00
 
When is the Court date as written in the Notis Permohonan?

Post the original Perintah or Penghakiman here for clarity.
What is the interest % stated there?
Also post their Afidavit Sokongan here.

You need to prepare a Afidavit Bantahan to oppose this application to change the interest.
If you do it correctly, your chances of blocking their application is 60%.
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answered on Mar 1, 2018 at 18:01
by   Anonymous1
edited Apr 13, 2018 at 00:01
 
The date is actually today. I didn't go as I asked a lawyer and he said no use going. Its written in the agreement so chances of me winning is very low. They just didn't add it in the original summons. 

So I think its best for me to prepare for whats to come. 

Hope anyone can answer my concerns in the 1st post.

As the judgement was in 2010, they have 12 years to take action on me. With details given, I want to know how high the chance of them bankrupting me if the total after the interest reaches RM50,000.

Thank you.
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answered on Mar 1, 2018 at 18:45
by   kiki
edited Apr 13, 2018 at 00:03
 
 I didn't go as I asked a lawyer and he said no use going. 
The plaintiff lawyer said this to you and you trust him?

So I think its best for me to prepare for whats to come. 
To prepare against bankruptcy or WSS. You must contest it in court.

Hope anyone can answer my concerns in the 1st post. 
In the 1st post, you are asked to extract document so that you can file bantahan in court before the courts make a judgement to the advantage of your creditor.

 I want to know how high the chance of them bankrupting me if the total after the interest reaches RM50,000. 
Very high if you don't contest this.

When is the next court date?
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answered on Mar 1, 2018 at 19:24
by   Anonymous1
edited Apr 13, 2018 at 00:06
 
The plaintiff lawyer said this to you and you trust him !!? 
No, from a lawyer I searched and found online. I asked of his opinion on my case.

To prepare against bankruptcy or WSS. You must contest it in court. 
Wait, WSS? I asked before in this forum about the possibility of me getting WSS. I wanted to know what docs that the court would accept as proof I'm not staying in that house. The answers I got was that they wont do WSS on individuals. So if that's the case, I thought in just concentrating in getting bankrupt.

Very high if you don't contest this. 

Can I still contest? The date to attend court was today.

When is the next court date?
I have yet to receive any new court date. Will there be? 
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answered on Mar 1, 2018 at 19:46
by   kiki
edited Apr 13, 2018 at 00:09
 
Wait, WSS? I asked before in this forum about the possibility of me getting WSS.

When you says "its best for you to prepare whats to come", I replied, for you to prepare against possibility of bankruptcy and only mentioned writ of seizure and sale (WSS) for that matter. Forget about the wss.

You think about it... why after all these years suddenly they want to amend the court document (Penghakiman/Perintah), for fun? No need to pay lawyer for going to court?

I have yet to receive any new court date. Will there be? 
Please furnish the case number here. We help you to check on line thru efiling. 
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answered on Mar 1, 2018 at 20:34
by   vkpc
edited Apr 13, 2018 at 00:10
 
from a lawyer I searched and found online. I asked of his opinion on my case.
You were stupid to trust that lawyer.

What is the interest % stated there?  No replies coming?
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answered on Mar 1, 2018 at 21:08
by   Anonymous1
edited Apr 13, 2018 at 00:10
 
Is case number same as summons number? If yes, the number is 52-44174/2010

@vkpc,

Sorry for my ignorance.
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answered on Mar 1, 2018 at 22:53
by   kiki
edited Apr 13, 2018 at 00:12
 
Is case number same as summons number? If yes, the number is 52-44174/2010

Not traceable.

The case number (let say in your 2010 summon) should be something like.. WA-A72NCC-XXXX-XX/2010.

Post the front page or all of the current application by the lawyer, maybe we could trace the number from there. (off course you would want to blank off your name and address).

P.S.
I think your creditor wants to initiate a bankruptcy proceeding against you but the threshold of RM30K has been increase to RM50K. And they need to do it based on the 2010 summon that made you a debtor but unfortunately the interest was not written in the Penghakiman. Therefore they are applying for the amendment so that the amount can be increase to RM50K.

So it is best you contest it at this stage.
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