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Bankruptcy Discharge Reasons and Process

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asked on Oct 12, 2018 at 20:11
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edited on Oct 17, 2018 at 05:37
 
I would like to help my dad request for bankruptcy discharge. Can I request based on these 2 reasons:- (1) He is 73 years old (main reason) (2) He has been paying for full 2 years of the monthly fee, never miss a single month.

Is it possible for me to successfully apply for him or I only can request after he has paid for full 5 years?

What are the steps for the bankruptcy discharge?

Thank you so much.
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answered on Oct 12, 2018 at 20:17
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Has he got one of the 5 major diseases?

For bankruptcy discharge read @ carrie1226 Take note that, that was a full settlement and it became an  Annulment. The process is the same.
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answered on Oct 12, 2018 at 20:29
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Hi Jeff005, 

No, he does not have any of the 5 major diseases, just high cholesterol. 

Yes, will read through the post from carrie1226. 

Thank you.
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answered on Oct 13, 2018 at 21:04
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edited Oct 17, 2018 at 05:38
 
What are the steps for the bankruptcy discharge?

Bagaimana seorang bankrap boleh dilepaskan daripada kebankrapannya?

Terdapat tiga cara untuk menamatkan status kebankrapannya iaitu:
(a) Membuat permohonan pembatalan ke mahkamah dengan alasan hutang telah dijelaskan sepenuhnya / tidak sepatutnya diisytiharkan bankrap;

(b) Membuat permohonan pelepasan ke mahkamah pada bila-bila masa tertakluk kepada syarat yang dikenakan oleh mahkamah. MdI perlu mengemukakan laporan kes yang menyatakan kelakuan dan kerjasama bankrap kepada Jabatan;

(c) Membuat permohonan pelepasan kepada KPI untuk pelepasan melalui Sijil Ketua Pengarah Insolvensi di bawah Seksyen 33A Akta Kebankrapan 1967. Permohonan hanya boleh dibuat sekiranya pentadbiran kes kebankrapan telah dijalankan selama lima tahun selain memenuhi kriteria dan syarat-syarat yang lain.
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answered on Nov 16, 2018 at 03:02
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edited Dec 9, 2018 at 22:29
 
May I know what are the 5 major diseases that can help you if you want to apply for discharge of bankruptcy?
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answered on Nov 16, 2018 at 09:14
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edited Dec 9, 2018 at 23:05
 
@MS1111,

There are no classifications by Jabatan Insolvensi Malaysia (JIM) for Medical Discharge.

The 5 major diseases I referred to above are just synonym only for the Chinese community:
1. Liver
2. Kidney
3. Heart
4. Lungs
5. Cancer

It must be at the advanced stage (Terminal) and certified by Specialists in a Government Hospital.

Note: 
This post is in response to MS1111 who has been with this forum for 2 calendar years. There maybe no response to those who did not register appropriately as a USER with this forum.
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answered on Nov 16, 2018 at 09:40
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edited Dec 9, 2018 at 23:28
 
@MS1111,

Discharge of Bankruptcy on Medical Grounds

There is no hard and fast rules imposed by Jabatan Insolvensi Malaysia (JIM).

Allowances are made for incapacitation for regular employment, the means to earn a decent living (How To pay to Proof of Debt Creditors?)

Some other areas of Incapacitation
* Mental OKU (serious ones)
* Physical Limbs OKU
* Blindness (impaired vision - diabetes)
* Parkinson's disease
* Dementia (what I am having now)
* Age (very subjective, normally refers to as above 60, 70)
* Many others.....

The conditions attached are still
1.  Report in to JIM once bankrupted (By Law)
2.  Go thru the Case Management
3.  Apply when any disease turns advanced and seriously incapacitated
 
A bankrupt cannot just report in and then apply for discharged immediately.
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answered on Nov 16, 2018 at 12:47
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edited Dec 9, 2018 at 23:31
 
@MS1111,

OMG! I did not answer your basic query.

Yes, based on the reasons stated by you, your father can make an application for bankruptcy discharge. Personally I feel that he has a very good chance, he gets it after 2 or 3 attempts. Write in, don't talk thru the phone. Have documented requests and application.

Good Luck!
And thanks for being a filial daughter..
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answered on Nov 16, 2018 at 21:48
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edited Dec 9, 2018 at 23:32
 
I see. How about people with certain disease, like HIV? Can apply also?
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answered on Nov 16, 2018 at 22:46
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edited Dec 9, 2018 at 23:32
 
Some countries accept HIV as a terminal disease.
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answered on Jun 4, 2019 at 13:39
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edited Jun 19, 2019 at 23:37
 
@jeff005,

Thanks for your reply.

I plan to meet up with the Official Assignee (OA) and get more information on the discharge application.

Will start the application once my dad has paid for full 3 years (this coming October). 
Hope everything will go smooth. Definitely will try to request till I manage to release him.

 
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