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I live abroad. Can my family member represent me in court for annulment or discharge of bankruptcy?

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asked on Jan 8, 2020 at 12:25
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edited on Apr 25, 2020 at 20:20
 
I am living abroad and have paid my debt in full at the Malaysia Insolvency Department. May I have my family member to represent me in court for the application of discharge of bankruptcy or do I have to get a lawyer appointed? If I am going to need a lawyer how much would it cost me? And how long does it take to finally be discharged of bankruptcy? 
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3 Answers

answered on Jan 8, 2020 at 12:57
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edited Apr 25, 2020 at 20:24
 
@Lina Kim

and have paid my debt in full at the Malaysia Insolvency Department.

After being adjudged as a bankrupt. All bankrupts living and working overseas have to come back to report in personally to Jabatan Insolvensi Malaysia (Malaysia Insolvency Department).

After the reporting in have been completed, and once all debts have been cleared via Jabatan Insolvensi Malaysia, you may try the following:

1. Appoint a lawyer to complete the annulment process or

2. Appoint an immediate family with the "Power Of Attorney" to file for annulment.

It is prudent that you check with your Official Assignee on the process of annulment if you have to go back to work in South Korea due to employment contractual basis.

It may costs RM3,000 - RM5,000 depending on the number of "other creditors" that you have and how fast your lawyer works will determine the period of the annulment process. You pay peanuts you get zoological response.

For discharge /annulment of bankruptcy, read Miss @carrie1226 posts.
https://www.lawyerment.com/answers/questions/12924/annulment-of-bankruptcy-order-pembatalan-perintah-kebankrapan

https://www.lawyerment.com/answers/questions/13140/bankruptcy-malaysia-annulment-and-discharge-of-bankruptcy-cara-pelepasan-kebankr

https://www.lawyerment.com/answers/questions/13155/bankruptcy-malaysia-reporting-in-to-insolvency-what-documents-to-bring-on-the-fi
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answered on Jan 8, 2020 at 13:23
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edited Apr 25, 2020 at 20:24
 
@jeff005 
 
I have reported to Jabatan Insolvensi Malaysia, negotiated with the bank hence paid my debt in full to Jabatan Insolvensi Malaysia.

I am in South Korea and not able to return to Malaysia due to my commitments and financial constraint. 

I would like to appoint my immediate family member to represent me for the discharge process in the court. Could you please elaborate more on the power of attorney how can it be done? 

Thank you for the detailed explanation and sharing your knowledge. Cheers!
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answered on Jan 8, 2020 at 14:25
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edited Apr 25, 2020 at 20:27
 
@Lina Kim

Reported to Jabatan Insolvensi Malaysia and Reported "in" are two different situations.
When you have "reported in", one Official Assignee will be assigned to your case. Please discuss with your OA (Official Assignee). Only she/he can advise you appropriately.

The "Power of Attorney" can only be notarized and validated in Malaysia. You must be inside Malaysia and do it before leaving back overseas. Thailand can use it for various situations in their Courts. I have seen two cases myself. But I am not very sure whether it can be used in Malaysian Bankruptcy courts as this "power" is mainly, popularly used for Land and Property transactions. Check with your Official Assignee.
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