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Annulment of Bankruptcy Order / Pembatalan Perintah Kebankrapan

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asked on Sep 25, 2018 at 17:52
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edited on Jan 29, 2019 at 21:09
 
Firstly I would like to thank @jeff005 @kiki @vkpc for all the information posted about bankruptcy.

I hope this can help people who are in similar situation like me. I'm not an expert on bankruptcy case but this is what I'm going thru.

07/08/2018
Checked my bankruptcy status and made first meeting appointment with Official Assignee (OA) at Jabatan Insolvensi Malaysia (JIM) KL. The officer on duty gave me a stack of forms to fill in.

04/09/2018
Brought all the forms with me and have first meeting with my Official Assignee (OA). OA prepared the Statement of Affairs and it needed to be stamped and signed by the Commissioner for Oaths at Level 15. I told OA that I planned to make full settlement after which she let me know the total amount of Proof of Debts (POD). She then prepared a settlement letter for me with the full settlement amount including JIM fees.

25/09/2018
Planned to buy Banker's cheque for settlement, but bank officer said I cannot buy it if I didn't have an account with the bank. Asked Maybank and CIMB, same answer. Plan B, buy Kiriman Wang from Pos Malaysia. More works for me to buy Kiriman Wang, because maximum RM10K for one transaction. So need to fill in more forms, but no choice.

Pos Malaysia just across the road from JIM KL.

Proceed with payment at the counter and got my receipt.

Next, need to apply annulment at High Court.

If, you want to get it done by yourself. Here what you need to do:

Prepare the following documents:-
1. SAMAN DALAM KAMAR
2. AFIDAVIT (stamped and signed by the from Commissioner for Oaths at the High Court)
3. Settlement letter from JIM
4. Payment Receipt from JIM
5. PERAKUAN SEGERA (if you want to speed up hearing date)

Once documents ready, go to the e-filing counter at the High Court, the officer there will guide you through the e-filing process. Check your email after this, normally 2~3 days, you will be notified of the hearing date.

Download the documents from the email (For kod ekstrak, refer to the receipt from e-filing counter) and print out 3 sets.
1 for yourself, 1 for JIM OA (by hand), 1 for Creditor - the one who made you bankrupt (by hand / registered post). Please get acknowledge receipt stamp and sign from JIM and Creditor when you send the documents.

Now, you just need to wait till the hearing at the High Court.
I'm here waiting too. Will share the next step after this.
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answered on Oct 1, 2018 at 19:00
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edited Oct 17, 2018 at 21:02
 
Sad, sad, sad place for me to go to. Brings out bad memories and re-invoke anger and aggressive reactions!

No.. I am not going to walk into your trap.. if the others are busy.. YOU GO.. you made the offer.. so you walk your talk..!!

I PASS
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answered on Oct 3, 2018 at 18:22
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edited Oct 17, 2018 at 21:08
 
Of course I hope the Avenger can accompany me. I will be more relieved. 

I wish I could but I just couldn't due to my weekdays obligation.
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answered on Oct 3, 2018 at 18:50
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edited Oct 17, 2018 at 21:11
 
@kiki

Thank you. I will be fine to go by myself. Just a bit nervous because I have no idea what questions will be asked or process to go thru. So just asking around to see who can give me some clues.
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answered on Oct 3, 2018 at 19:48
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edited Oct 17, 2018 at 21:15
 
So just asking around see who can give me some clue.

I attended court hearing yesterday. Successfully discharged. The court people and insolvency lawyer are so helpful even though I did not appoint any lawyer to represent me. 

Just attended the hearing at room 1 and insolvency lawyer explained to court everything. They did not ask me anything. Then finally I was being asked to go to 2nd floor and get the 'perintah draft.' After court signed the document and asked me to go the library over there and type the original copy. Then after paying RM5 fee, I brought back the document to the court to sign again. You will get 3 copies. 1 for bank, 1 for Insolvency and 1 for us. That's all. Very easy job. 

After the court process is completed, I went to the Insolvency on the same day and submitted a discharge letter. The insolvency officer said need to wait 48 hours for the Immigration Department to update their system and asked me to come and collect insolvency discharge letter next Monday.
Above is excerpts from a thread in this forum by someone who has done it before you. Read the rest of the thread here.

Don't worry, there will not be a lot of talking expected from you. 

You can do it. Good Luck.
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answered on Oct 3, 2018 at 20:27
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edited Oct 17, 2018 at 21:15
 
@kiki,

Thanks a lot. This makes me feel more at ease.
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answered on Oct 10, 2018 at 09:24
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edited Oct 17, 2018 at 07:13
 
Any updates? What did the Judge ask you?
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answered on Oct 10, 2018 at 18:18
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edited Oct 17, 2018 at 07:11
 
When is the hearing date? 
10 October 2018

@Carrie1226,
Hope you could provide full account of your hearing at the court today..
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answered on Oct 10, 2018 at 22:04
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edited Oct 17, 2018 at 21:25
 
Today is my hearing date for annulment of bankruptcy.

Arrived 8:45am at Kompleks Mahkamah Kuala Lumpur, straight ahead I registered my attendance at Level 3 Kaunter Pendaftaran Bankrapsi. Wait for my case number to be called.

Walked into the room, greeted Penolong Kanan Pendaftar (PKP) and Jabatan Insolvensi Malaysia (JIM) officer. Yes, JIM sent an officer to report and confirm your settlement.

JIM officer reported my case (Creditors, Proof of Debts amount, payment amount) and agreed with my application.

Creditor lawyer said that her client does not agree with my annulment, because no payment receive yet. PKP asked her whether she has documents in hand or not, because if she has studied the documents, she should know what happened. PKP asked her to deal with JIM. JIM officer told her that JIM has received full payment and creditor will get their payment after 2~3 months time.

PKP asked did I send documents to all the creditors. I answered her that I sent documents to main creditor and JIM only and show her the proof of receipt. She said I was supposed to send to all the creditors. **MUST SEND DOCUMENTS TO ALL CREDITORS BY HAND OR BY REGISTERED POST AND GET PROOF OF RECEIPT** But PKP said it is okay since I paid full amount without discount.

Finally, PKP announced YOU ARE NOW FREE FROM BANKRUPTCY, your annulment application is APPROVED!

I said thank you to PKP, JIM officer and last but not least to creditor's lawyers.

Before leaving the room, I got the names of the PKP (can find at Saman Dalam Kamar), creditor lawyer and JIM officer. These are for the next step.

Next, e-filing Deraf Perintah and Deraf Notis Kepada Warta Kerajaan at level 1. That's all for today.

It may take up to one week to get the above documents signed. Just extract from the e-court service website. Then bring the Perintah to JIM and ask for Annulment Letter from JIM. 

DONE! THE END OF BANKRUPTCY LIFE!

I found out that we can easily get all the annulment process done without hiring lawyer. You can save a lot, enough for 4D3N overseas trip. Use the money to treat yourself.

I will post all the documents here. But this might be suitable for my case but not yours. Please take note.

Thanks to The Avengers Malaysia for all the support and advice.
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answered on Oct 10, 2018 at 22:16
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edited Oct 10, 2018 at 22:22
by   carrie1226

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answered on Oct 10, 2018 at 22:19
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