Advertisement

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

84 Views  ⚫  Asked 1 Month Ago
asked on Jan 8, 2020 at 12:25
by  
I am living abroad and have paid my debt in full at the 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 ? 
0 had this question
Me Too
0 favorites
Favorite
[ share ]
3 Answers

answered on Jan 8, 2020 at 12:57
by  
edited Jan 8, 2020 at 13:04
by   jeff005
@ Lina Kim

and have paid my debt in full at the Insolvency Department. 
After being adjudged as a bankrupt. all bankrupts living and working overseas have to come back to report in personally to JIM.

After the reporting in have been completed, and once all debts have been cleared via JIM, you may try the following :
1. Appoint a Lawyer to complete the annulment process or

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

It is prudent that you check with your OA on the process of annulment if you have to go back to work in S.K. due to employment contractual basis.

It may costs RM3-5K 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
2 found this helpful
Helpful

answered on Jan 8, 2020 at 13:23
by  
edited Jan 8, 2020 at 13:40
by   Lina Kim
@jeff005 
 
I have reported to JIM, negotiated with the bank hence paid my debt in full to JIM.

I am in SK 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!
0 found this helpful
Helpful

answered on Jan 8, 2020 at 14:25
by  
edited Jan 8, 2020 at 14:29
by   jeff005
@ Lina Kim

Reported to JIM and Reported "in" are two different situations.
When you have "reported in", one OA will be assigned to your case.
Please discuss with your OA. Only she/he can advised 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 Bkcy courts as this "power" is mainly, popularly used for Land and Property transactions. Check with your OA in JIM.
2 found this helpful
Helpful


You must log in to answer this question.

Not the answer you're looking for? Browse other questions by category or search to find answers.