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Notis Kebankrapan diberi semasa berada di luar negara

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asked on Apr 27, 2018 at 15:21
by   F4hmi
edited on May 3, 2018 at 15:16
 
Dear Mr. @vkpc 

Pertaining to your question>>>

Hi , 

How long have you been overseas? 
I've been leaving Malaysia / Malaysian company from; 

During the case at Mahkamah Shah Alam
from 16 Aug 2016 until 29 Jul 2017 - To UAE (return home for vacation for the first time after being in UAE on 26 Feb 2017 to 13 Mar 2017) 

29 Oct 2017 until 30 Jan 2018 - To Phnom Penh (Return to Malaysia every month to renew visa) - Malaysian Co

6th Feb 2018 To-date; In Indonesia - Indonesian Co

How many months? 
During the case in court/ Tuntutan dan Notis, I am already in UAE (Penyataan Tuntutan bertarikh 30 Nov 2016 dan Notis Tuntutan bertarikh 11 Nov 2016 seperti yang dinyatakan di dalam Penyataan Tuntutan) 

Do you have other houses in Malaysia besides the one that was sold by HSBC? 
No, I own nothing else (Assets)

Please start another thread as this thread is to focus only on Nin11 case.
I hope fellow Avengers Malaysia or whoever had legal experience/ knowledge could assist me further on my case. 

Nin11 case: https://www.lawyerment.com/answers/questions/12694/what-to-do-after-receiving-bankruptcy-notice
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answered on Apr 27, 2018 at 16:54
by   PassIngby
Your case facts?

Doing visa runs do not set aside your residency status. A TR.. temporary residency will e.g. legal work pass.
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answered on Apr 27, 2018 at 18:15
by   F4hmi
Dear @PassIngby

Doing visa runs do not set aside your residency status. A TR.. temporary residency will e.g. legal work pass.

From above timeline > 
1. I have Residence Visa in UAE from 17 Aug 2016 to 16 Aug 2018, 

2. Currently, I have Temporary Visa in Indonesia from 6th April 2018 to 6 Oct 2018. 

Your case facts? 
Please view linked case attachment - >As per 'Pernyataan Tuntutan' on 30 Nov 2016 Registered when I am away. 
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answered on Apr 27, 2018 at 18:38
by   vkpc
If you can show that you were not in Malaysia, you can defeat the the Creditor's Petition.
However, you may need to hire a lawyer to do this as you are not in the Malaysia.
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answered on Apr 28, 2018 at 08:34
by   F4hmi
Tuan @vkpc

If you can show that you were not in Malaysia, you can defeat the Creditor's Petition. 
However, you may need to hire a lawyer to do this as you are not in Malaysia.

Ans: For that reason, I am actually looking for Lawyer to;
1. Review all my docs, tell me what do I need to prepare. eg. chronicle of events + all evidence/ bundle documents (I need Quotation and Appointment for this)
2. Upon his/her satisfaction; - proceed 

Can I publish my number here? (Maybe international number and will reply with my Malaysian number for privacy)
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answered on May 2, 2018 at 22:50
by   kiki
Nin11 has been too depressed but has recovered after she read few other facts online. She has no intention to do anything anymore but to report to JIM.  

Sorry to hear about her condition hope she continue to be strong to cope up with everything that may lies ahead. 

I presume she did not attend the Pengurusan Kes today (2nd May 2018)

I will proceed fighting with bank. We found Bank mismanagement for not updating full Auction Sold amount in the statement.

Your court date (Pengurusan Kes) is on the 10th May. 2018. 

How do you intent to fight it that you are now oversea. Have you engaged a lawyer to represent you or done anything  to effect with the court proceeding?
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answered on May 3, 2018 at 08:13
by   F4hmi
Paste/ Move from @Nin11 thread

I will proceed fighting with bank. We found Bank mismanagement for not updating full Auction Sold amount in the statement. (I request BNM to help with my wife's case, but the response is to let HSBC handle it professionally if they didn't respond, then only we can lodge a report to BNM of non-response 'only' to customer queries. On my case, BNM also suggested to requests all information and cc BNM. if no follow-up, BNM will interfere thereafter.) 

 

They mention in the "Tuntutan" RM608k is amount sold. While in the account statement sum paid is only RM572k. (I went to HSBC to meet the Officer and obtain full statement of account and recreate the ledger and summary from it). 

is this negligence? is it valid to fight after the court order to pay outstanding RM59k while the real amount is only RM24.7k?

Dear @vkpc,
What did your lawyer say about this?  Please reply in your own thread.

On 30th Apr I went to meet the officer in charge, she was having trouble to show why there is 59k instead of 24k. I have made an offer on 24 April to pay RM42k in 4 instalments (12-10-10-10). When I handed rm12k deposit to honour my promise to pay the first instalment. Bank management reject to accept and saying that 50% is given (RM30k) and to be paid in full before my hearing date on 10th May 2018. <I ask them to send me the offer (supposed to receive it yesterday, but nil).

I am waiting for my friend (Chartered Accountant to review full statement to confirm if this is the act of negligence? upon confirmation, I will write to HSBC & BNM to pursue HSBC to come up with their answer and I am open to amicable settlement or, start looking for a lawyer to fight. (Still no lawyer to-date, please suggest any firm name). 

Thanks, 
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answered on May 4, 2018 at 10:59
by   vkpc
Did you personally receive the Notis Kebankrapan?
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answered on May 4, 2018 at 12:50
by   nobody
edited May 4, 2018 at 14:14
by   nobody
For Item D (RM35,060.56), could it be the deduction for monies owed to the state authority, court fee for the order for sales, etc. as provided under s.268 & s.268A of the National Land Code? 
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answered on May 4, 2018 at 16:39
by   BrewHouse
Hi nobody,

Do you mind elaborate more about your interpretation of Item D?
It is difficult for a layman like me to understand.

Thank you.
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answered on May 5, 2018 at 09:55
by   nobody
edited May 18, 2018 at 17:05
 
Hi BrewHouse,
 
I suspect why TS didn’t get the entire amount of the auctioned property is because there are some costs & fees relating to the Auction was deducted. Under National Land Code (NLC), the said monies will first go to State Government (if you owe them monies), then to pay the cost for auction before Bank get their money and so on. 

If that is the case, can request the Bank for the statement of accounts of the payments received and paid out as they need to file it in Court within 30 days after received full purchase money.

 
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