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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 Jan 30, 2019 at 09:38
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edited Feb 25, 2019 at 22:44
 
@Sam4

Overseas since 2014 Jan and just found out last month (when I went to renew my passport) that I have been declared as bankrupt since 2015 November. Passport is expiring in May 2019. 
Do not let your passport expired. 

Reason for bankrupt: Unpaid car loan (gave it to a friend to take over the payments but that went very south). He has been ignoring my calls/emails.  
How much the the bankruptcy amount?
Any other creditors, esp. bank credit cards?
Can you settle it in lump sum including 11~13% of JIM (Jabatan Insolvensi Malaysia) fees?

Tried to get in touch with Insolvency department via email and they keep sending me the same documents over and over which is pretty frustrating. I do not live in Malaysia i.e. no address, phone number, bank account etc.  
What kind of documents did JIM send you? 
If you don't mind, email me the documents.

Jabatan Insolvensi does not deal with 3rd party. Email to them a copy of your MyKad, with proof of identity only your Official Assignee will deal with you directly.
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answered on Jan 30, 2019 at 11:34
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edited Feb 25, 2019 at 22:50
 
@Carrie1226
  
Do not let your passport expire.
I will try not to but then it depends on the insolvency department. They keep asking me to come in person when I repeatedly told them that I have been away since 2014 ... sigh

How much the the bankruptcy amount? 
RM52,000

Any other creditors, especially bank credit cards? 
N/A

Can you settle it in lump sum including 11~13% of JIM (Jabatan Insolvensi Malaysia) fees? 
I absolutely will not be able to settle in lump sum due to my financial standings at the moment. 

If you don't mind, email me the documents.
Sent you the documents

Jabatan Insolvensi does not deal with 3rd party. Email to them a copy of your MyKad, with proof of identity only your Official Assignee will deal with you directly.

I did email them my IC number and they keep asking me to come in person and discuss the settlement which I cant do it as I am not in Malaysia. 
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answered on Jan 30, 2019 at 13:04
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If do not have the funds to make a annulment now, just remain overseas, continue to work there and save enough to pay to your creditor. No need to report in to JIM. You will not be jailed for not reporting in. Come back only when you have the funds.
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answered on Jan 30, 2019 at 20:31
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edited Feb 25, 2019 at 22:53
 
@Sam4

I will try not to but then it depends on the insolvency department. They keep asking me to come in person when I repeatedly told them that I have been away since 2014 ... sigh
In which country you are now?
What kind of visa you are holding? PR? Working visa?

I absolutely will not be able to settle in lump sum due to my financial standings at the moment. 
Noted.

Sent you the documents
Received. Those are the documents you need to fill up to start your case management at Jabatan Insolvensi Malaysia.

I did email them my IC number and they keep asking me to come in person and discuss the settlement which I cant do it as I am not in Malaysia.
Can you manage to come back to Malaysia?
If you want to renew your passport and stay legally in foreign country, this is the solution. 
Come back to Malaysia, report in at JIM to start your case management. Ask permission to renew passport. Bring along employment letter or contract to proof you have a job at overseas and need passport to travel and work overseas. So, you have the ability to pay the Proof of Debts filed by creditors.

Before plan your trip back, contact your Official Assignee, tell your situation. Make an appointment for your first meeting ahead. If everything under preparation and run smoothly, within 3 weeks you can leave Malaysia.
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answered on Jan 30, 2019 at 22:16
by  
@ Sam4

Further Infomation
During reporting in to JIM, you will need to fill up, sign and declare SOA (Statement of Affairs / Penyata Hal Ehwal) and Interview Form (Borang Temu Kenal). No worries, since you already have it, you can prepare in advance. This will cut short your time.

After reporting in, apply for permission from DGI to travel for work overseas. When approved, JIM (Jabatan Insolvensi Malaysia) will issue a letter to JIM (Jabatan Imigresen Malaysia) to make a new passport with new security features. For work purposes, you will be issued a multiple exit document valid for 1 year only. Note - to one country ONLY.

Other Conditions
1.  Providence of 1 Guarantor (usually family members).
2.  Travel Tax of RM3,000 per country per year.
3.  Advance 3-6 months pre-paid of your monthly repayments to JIM for the case management (Case to case basis).
4.  Notify your OA of your whereabouts in advance.
This is the current policy. It may change from time to time.
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answered on Jan 31, 2019 at 01:08
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edited Feb 25, 2019 at 22:56
 
@Carrie1226

Thanks for your reply.

In which country you are now?
Canada

What kind of visa you are holding?
PR

Can you manage to come back to Malaysia?  
Absolutely not. In fact coming to Malaysia is not even in my plans in short term or long term. I need to renew my passport for work purposes as I do travel out of Canada. 

After reporting in, apply for permission from DGI to travel for work overseas. When approved, JIM (Jabatan Insolvensi Malaysia) will issue a letter to JIM (Jabatan Imigresen Malaysia) to make a new passport with new security features. For work purposes, you will be issued a multiple exit document valid for 1 year only. Note - to one country ONLY. 
Noted - This whole validity for one year and one country defeats the purpose as I am already in that country and can live here permanently. 

Other Conditions 
1.  Providence of 1 Guarantor (usually family members) 
No family/friends in Malaysia. I was there briefly between 2011 and 2014. 

2.  Travel Tax of RM3,000 per country per year. 
Noted - Again defeats the purpose as I am already here permanently. 

3.  Advance 3-6 months pre-paid of your monthly repayments to JIM for the case management (Case to case basis). 
This will not be an issue at all if they agree on the amount. I have asked them for a discounted amount to settle, lets see what they say. Not sure if they do such negotiations. 

4. Notify your Official Assignee of your whereabouts in advance. 
I reached out to them after I found out and it has been close two months and nothing has resolved or even started. We are going in circles. I keep telling them I cant come to Malaysia and they keep asking me to make an appointment to meet them in person.

Again coming to Malaysia to solve this issue is out of question. 

I did talk to Malaysian embassy here and looks like all they need is a certificate of discharge or release letter for me to renew the passport. 
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answered on Jan 31, 2019 at 01:10
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edited Apr 8, 2019 at 01:09
 
Also, I am assuming appointing a lawyer is pointless as they can't do anything on my behalf till the court date (during discharge)?
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answered on Mar 16, 2019 at 16:31
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Sorry if I misunderstood here, but why would you wait till you're bankrupted then only settle the outstanding with creditors? I mean if you can afford it then why wait to be bankrupted? Huge discount to settle once bankrupted? 
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answered on Mar 16, 2019 at 18:02
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edited Apr 8, 2019 at 01:10
 
@Chris Lim

Huge discount to settle once bankrupted? 

Very unlikely for new bankrupts.
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