Advertisement

Some Issues With Bankruptcy Notice

1574 Views  ⚫  Asked 1 Year Ago
asked on Aug 25, 2020 at 07:34
by  
edited on Aug 27, 2020 at 15:30
 
NOT IN ACCORDANCE WITH THE TERMS OF JUDGEMENT

SECTION 3 (1) (i) INSOLVENCY ACT 1967 


It states that a bankruptcy notice requiring debtor to pay the judgement debt in accordance with the terms of the judgement.

Examples of claim not in accordance with the terms of the judgement:

( a ) Bankruptcy Notice claims an interest of 10% p.a on judgement sum but the interest stated in the judgement is 9.5% p.a;

( b )  Bankruptcy Notice claims a late payment penalty but late payment penalty is not stated in the judgement.

Under such circumstance, the debtor can apply to court to set aside the Bankruptcy Notice on the ground that the claim stated in the Bankruptcy Notice is not in accordance with the terms of judgement.

The 7 days ruling that requires debtor to give notice to creditor within 7 days after being served the Bankruptcy Notice does not apply. Debtor's challenge can be made even after the 7 days.

Hope this thread would help those debtors who are under such circumstance.
1 had this question
Me Too
0 favorites
Favorite
[ share ]
29 Answers
« Previous   1   2   3   Next »

answered on Sep 8, 2020 at 10:05
by  
edited May 24, 2021 at 22:28
 
ISSUE : COVERING LETTER

1. Do not just sign the covering letter attached to the bankruptcy without reading its detail.

2. Verify that the documents being served to you tally with that stated in the covering letter.

3. Do not just sign the covering letter but also write down the date & time.  Otherwise, very likely, the date of covering letter would be taken as the date you received the notice. 

4. This covering letter will be used as an exhibit to prove the service of the bankruptcy notice.

**  Please limit your question to not more than 50 words.

The idea of such restriction is to avoid this thread being full of not relevant, unrelated matters and / personal dispute /junks.

Alternatively, click the link below to post your question:
https://www.lawyerment.com/answers/questions/13828/your-questions-to-harapan-besar
1 found this helpful
Helpful

answered on Sep 9, 2020 at 07:40
by  
edited May 24, 2021 at 22:30
 
ISSUE: FILE SEARCH

1. You can conduct a file search by clicking the link below:
    https://ecourt.kehakiman.gov.my/

2. Under title:
Perkhidmatan Awam, look for "Pembelian Tiket Untuk Carian Fail Online" Click this item.

3. Usually,after making payment, a ticket will be given.

4. Click Carian Fail Online, and key in the ticket number.

**  Please limit your question to not more than 50 words.
0 found this helpful
Helpful

answered on Sep 9, 2020 at 15:45
by  
edited May 24, 2021 at 22:31
 
...continue from above

ISSUE: FILE SEARCH

5. The RM12 ticket is for a duration of 30 minutes.

6. After 30 minutes, you have to buy a new ticket.

7. It is a MUST for the creditor bank to submit (a) writ; (b) loan agreement; and (c) judgement when making a request to issue the bankruptcy notice.

8. Failure to comply by the creditor bank can be used as a ground for the debtor to set aside the bankruptcy notice.
0 found this helpful
Helpful

answered on Sep 10, 2020 at 17:14
by  
edited May 24, 2021 at 22:33
 
Issue: Where To Check Case's Particulars

1. Click the link below:
  https://efs.kehakiman.gov.my/efsweb/

2. Under Lokasi Mahkamah, scroll down to click your Mahkamah.

3. Under "Melalui Nombor Kes" type in your case number, then click carian;  or

4. If you know the date of your case, key in the date then click carian. Your case is listed among other cases.

5. From the information, you will know the location of your case; who hears your case and whether it is case management or hearing / bicara.
1 found this helpful
Helpful

answered on Sep 11, 2020 at 18:17
by  
edited May 24, 2021 at 22:35
 
....continue from the above post

6.  Next, fill the particulars required under Lokasi Mahkamah.

7.  On the left hand side, under Kumpulan, choose the one relevant to your case.

8. Under Nama, choose the name relevant to your case.

9. Just skip Kategori, click Carian.

10. Then, search for the date of your case, you will be able to see your case being listed together with other details.

to be continued.......
1 found this helpful
Helpful

answered on Sep 17, 2020 at 12:20
by  
edited May 24, 2021 at 22:36
 
...continue from above

Things To Do After Receiving The Bankruptcy Notice

Without delay, check the following detail:

1. Is the bankruptcy notice expired?
Its validity is 3 months from the date of issue.

2. If it is expired, any application to extend it?
Check whether any order to extend it for another 2 months.

3. Check whether the following detail as stated in the bankruptcy notice tally with the judgement:

(a) the judgement sum
(b) the rate of interest
(c) penalty charge for late payment
(d) the date and Summon number
(e) the "kos tindakan"

4.  Check whether any payment that you have made but has not been deducted from the total amount claimed in the bankruptcy notice.

to be continued.....
0 found this helpful
Helpful

answered on Sep 23, 2020 at 09:38
by  
edited May 24, 2021 at 22:37
 
MERITS TO OPPOSE A BANKRUPTCY NOTICE

Among others, here are merits to oppose a bankruptcy notice:

1. The validity of bankruptcy notice has expired.

2. The claim stated in the bankruptcy notice is excessive.

3. The claim stated in the bankruptcy notice is not in accordance with the terms of judgement.

4. The claim is below the minimum threshold of RM50,000.00.

5. Other defects could be just formal defects which could be cured.   
2 found this helpful
Helpful

answered on Sep 26, 2020 at 17:46
by  
edited May 24, 2021 at 22:39
 
BE SMART

Let's say, you discover 3 very sound grounds as stated below ,to oppose the bankruptcy notice:

1. The bankruptcy notice that is served to you has already expired.

2. The money received from the auction sale of your property has not been deducted from the claim.

3. An amount of RM700 being late interest charge as stated in the bankruptcy notice is not stated in the judgement.

It is not wise to put all the above grounds to oppose the bankruptcy notice in the instant bankruptcy proceeding.

You should just use one ground only to oppose the bankruptcy notice and keep the other grounds for future bankruptcy proceedings (Creditor has 12 years to take action against debtor).

Among the above grounds, which one you should use for the instant proceeding?

.....to be continued
1 found this helpful
Helpful

answered on Oct 15, 2020 at 11:32
by  
edited May 24, 2021 at 22:40
 
TO WHOM IT MAY CONCERN 

Due to personal reason, @harapan besar has discontinued this thread. In future, if you have any question or issue, please post it as a new thread.

Please do not direct your question or issue to @harapan besar.

Thank you.  
0 found this helpful
Helpful


« Previous   1   2   3   Next »

Locked on May 24, 2021 at 22:40

This question is now closed for answers. If you have a similar question, please ask a new question.

Would you like to answer one of these unanswered questions instead?

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