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Your Questions to Harapan Besar

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asked on Aug 26, 2020 at 11:56
by  
edited on May 24, 2021 at 22:42
 
IF YOU HAVE ANY QUESTIONS TO ASK HARAPAN BESAR,

ASK UNDER THIS THREAD NOT ELSEWHERE.
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answered on Aug 26, 2020 at 12:11
by  
edited Aug 26, 2020 at 12:17
by   harapan besar
  My brief history :

  2012  :  Timbalan Pendaftar, Mahkamah Tinggi Shah Alam 
              
               allowed my application to set-aside the creditor's petition

              on the ground that it was filed outside the 6 months' period.

 2015 :   Penolong Kanan Pendaftar, Mahkamah Tinggi Shah Alam 

             allowed my application to set-aside the Bankruptcy Notice

             on the ground that the BN claimed an amount more than

             the actual debt.

2020 :  The Judges of Court of Appeal, Mahkamah Rayuan Malaysia

            at Putrajaya allowed my appeal on the ground that the bankruptcy

            notice is not in accordance with the terms of judgement.  
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answered on Aug 28, 2020 at 05:48
by  
  
  .........................................
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answered on Aug 28, 2020 at 13:42
by  
edited Aug 28, 2020 at 14:10
by   jeff005
          Question : 
 https://www.lawyerment.com/answers/questions/13825/some-issues-with-bankruptcy-notice

by   
rara_

...........................................................

.
Answer 
by   
harapan besar
.........................................

         Comment :
         by   
jeff005



Code Users & Applications

The first code  : (Show proof of your statement)
The second code [reply] : (What more do you want?)

My comment :
@ harapan besar

I believe that Tuan @ rara_ is referring to the fact that the RM20 (recommended) has been over quoted by 2x (Two times). It has been quoted many times by different profiles inside this Website. The amount quoted in many cases was only RM10.

Hope this possible explanation avoids confusion among New Readers..
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answered on Aug 28, 2020 at 14:29
by  
edited Aug 28, 2020 at 14:30
by   jeff005
@ harapan besar

Sir.. Thank you for sharing important  LAW FACTS  with us.

I fully agree with you 100% on the 7 educational contents posted via the thread you have started for those debtors under bankruptcy proceedings.. (Myths & Facts).

Ref : https://www.lawyerment.com/answers/questions/13825/some-issues-with-bankruptcy-notice

For those debtors receiving Writ of Summons, those debtors receiving N.K.  There can be consequences for NOT  attending court proceedings with valid reasons or without representation. It is a pure waste of court's time and resources.

Bear this possible consequences :



PLEASE CHECK YOUR OWN RISKS..
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answered on Aug 28, 2020 at 14:42
by  
edited Aug 28, 2020 at 15:01
by   harapan besar
  Hi jeff005,

  1.  i am not refering to anyone's posting in specific.
  2. The RM20 is just an example, it can be any amount.

  3. If the amount of debt after deducting the payment paid 
      ( be it: RM10 or RM20 or any amount ) is less than
     the minimum threshold of RM50,000.00, then of course, 
     the BN will be set-aside.

 
 NOTE : the above explaination  is just my opinion.
             If you have any legal issue, please seek the advice of lawyer.  
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answered on Aug 28, 2020 at 16:18
by  
edited Aug 28, 2020 at 16:20
by   rara_
I believe that @ rara_ is referring to the fact that the RM20 (recommended) has been over quoted by 2x (Two times). It has been quoted many times by different profiles inside this Website. The amount quoted in many cases was only RM10.
Dear Jeff005,

I 'm afraid that is not quite accurate. 

I deleted my reply because out of respect for @harapan besar 's request (see below) as not to mess up the flow of his writing in that thread.

* Please refrain from posting anything here / ask question.
     Ask question, if any, to the thread :
 "  Your Questions To Harapan Besar
Anyway in my reply that i deleted was something like the this..

I was disputing @harapan besar statement  that it is a myth that you can invalidate the BN by making RM10 or RM 20 or any amount for that matter. 

I wrote that i did not see the paying of RM 10 as @harapan besar sees it. 

I was looking at a different view....  Why lah after issuing a BN or NK, Bank still accepting payment from the Penghutang Penghakiman? This acceptance of partial payment by the bank will not allow the court to adjudged a debtor as bankrupt. 

See item (d) from excerpt below.

No order due to :
(a) Full payment made before the Creditors Petition hearing
(b) Acceptance by Creditor for a composition sum
(c) Postponement of the hearing due to defence submitted by Judgment Debtor
(d) Acceptance of partial payment after service of Bankruptcy Notice
(e) Bankruptcy rules and procedures not strictly followed.

The above excerpt can be found in full from Lawyerment Library itself. Click below link.

HOW IS THE FLOWCHART FOR BANKRUPTCY PROCEEDINGS UP TO THE STAGE A DEBTOR IS ADJUDGED A BANKRUPT ?"
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answered on Aug 28, 2020 at 16:48
by  
edited Aug 28, 2020 at 17:05
by   harapan besar
 Hi @rara,

 Thank you very much for giving your opinion
  which you are entitled to give.

  Anyhow, i maintain my points of view, with Federal Court
  authority  to support my opinion.

  it is up to the aggrieved party to decide.
  i do not intend to discuss further but 
  maintain that what i have said is correct.

Disclaimer : The above explaination  is just my opinion.
                   If you have any legal issue, please seek the advice of lawyer. 
 

   

  
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answered on Aug 28, 2020 at 17:06
by  
Thank you Cik Rara for confirming that bank in RM10 can set aside a Notis Kebankrapan.
You seem to be very smart for your age.
Your points help clear up any doubts forumers may have on paying RM10.
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answered on Aug 28, 2020 at 17:20
by  
edited Aug 28, 2020 at 18:42
by   harapan besar
 Hi William,

 Court's decision is based on the prevailing ACT 

 and Authority from High Court, Court of Appeal

  & Federal Court.  

  Other sources are no authority.

  It is far from truth that by banking in RM10 can set aside a Notis Kebankrapan.

  Common sense, if by banking in RM10 can set aside a Notis Kebankrapan,

  then many Judgement Debtors will be doing the same thing, and hence 

 able to set - aside the Notis Kebankrapan.

 And there will be no JD being made a bankrupt. 
 

  
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answered on Aug 28, 2020 at 17:27
by  
edited Aug 28, 2020 at 17:28
by   william chan
Cik Rara is a long time member of the Avengers and a very experienced forumer, normally she wont make mistakes when she articulates it.
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