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Bolehkah bank menyita barangan dalam rumah setelah saya dijatuhkan hukuman bankrap?

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asked on Oct 15, 2020 at 02:19
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edited on May 22, 2021 at 03:34
 
Saya ada persoalan dengan penyitaan barangan dalam rumah oleh Bank Rakyat melalui bailiff... Bailif dari mahkamah telah datang ke rumah untuk menyita barangan di rumah saya minggu lepas... Saya tak benarkan bailif tersebut masuk memandangkan ia rumah kepunyaan ibu saya dan saya maklumkan saya ada kes bankrapsi di mahkamah, jadi pihak Bank Rakyat dan bailif tersebut beredar... Pada minggu ini saya telah dibankrapkan oleh bank lain dan belum lagi melaporkan diri ke Jabatan Insolvensi...

Pertanyaaan saya masih bolehkah bank melalui bailif mahkamah menyita barangan dalam rumah setelah saya dijatuhkan hukuman bankrap? Adakah perintah Writ of Seizure and Sale (WSS) dari mahkamah magistrate terbabit akan terbatal setelah saya bankrap?

Terima kasih.
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answered on Oct 15, 2020 at 09:01
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edited May 22, 2021 at 03:39
 
@Halimdeen

Below is my personal views and understanding (only)

1. Writ of Seizure and Sale (WSS) is applied for via Magistrate Courts based on your status as a Judgement Debtor.

2. "Kes bankrapsi" is via the High Court but it does not mean you can be bankrupted, so you remain as a Debtor.

3. "Setelah dijatuhkan hukuman bankrap" = You are a bankrupt.

Solution:

File (via affidavit) in the Magistrate court to inform them that you are already a bankrupt immediately now before the "Lelong" is conducted to "batalkan" the Writ of Seizure and Sale. You have to file your bankruptcy papers (or conclusion papers of the last hearing).
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answered on Oct 15, 2020 at 12:33
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edited May 22, 2021 at 03:41
 
Saya ingin tahu mengenai Writ of Seizure and Sale. 

Bolehkah pihak bank melalui bailif menyita barangan dalam rumah bukan atas nama penghutang? Seperti rumah ibu bapa.

Bagaimana bailif nak mengenalpasti barangan itu bukan kepunyaan penghutang? Kadangkala barangan lama resit telah hilang...
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answered on Oct 15, 2020 at 13:19
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edited May 23, 2021 at 01:24
 
@Halimdeen

1. One of the issue is that a Judgement Debtor has put the correspondence address and residency address at the same place.

2. Writ of Seizure and Sale cannot "seize" everything that is in the house. They can only take away "movable/tangible items" which belongs to you. If receipts have been lost, what more can be said?

3. All you have to do is to produce evidence that your parents are in gainful employment and that they are living in the same house and share common items. But if they are not living in that house and if the utilities bills are in your personal name, you are deemed to be the sole occupant of the house.

4. For those house owners who rented their properties (furnished) would have the common sense to keep receipts as proof of ownership.

This is one of the reasons when I often disagree with some people who had posted that "Writ of Seizure and Sale (WSS) is not common in Malaysia" inside this website. It is actually very common..!! Same as "Judgement Debtors Summons is not common in Malaysia" which is not accurate. This will confuse innocent readers when the law allows Writ of Seizure and Sale and Judgement Debtor Summons is provided for under Debts Litigation and have been "used" commonly for the past 30-40 years.

I have been in debts issues for the past 20 years and have been renting properties since then, but all the rental agreements are under my two children names never in mine. When my son hit into credit cards debts, I forced him to register with AKPK. After 10 years term with AKPK Debt Management Programme (DMP) and completed, he has bought his own car now and maybe a property soon.
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answered on Oct 16, 2020 at 02:09
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edited May 23, 2021 at 01:25
 
3. All you have to do is to produce evidence that your parents are in gainful employment and that they are living in the same house and share common items. But if they are not living in that house and if the utilities bills are in your personal name, you are deemed to be the sole occupant of the house.

@jeff005,

Rumah yang saya tinggal memang kepunyaan ibu saya. Dia pesara kerajaan yang menerima pencen setiap bulan. Segala bil utiliti semuanya di atas nama ibu saya. Hampir semua barang di dalam rumah kepunyaan dia. 
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answered on Oct 16, 2020 at 22:18
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edited May 23, 2021 at 01:29
 
@Halimdeen

I quoted your query from another thread here so that we know what type of questions you have asked before.

Your query:
Answered on Oct 16, 2020 at 21:01 by Halimdeen

Jika tidah hadir perbicaraan petisyen pemiutang boleh tak dijatuhkan penghukuman bankrap pada hari yang perbicaraan tersebut?
The simplified and detailed explanation is found under this thread:

https://www.lawyerment.com/answers/questions/13858/melawan-petisyen-kebankrapan?g=last#a51643

Page 2 post no. 8.

The "Law" behind it:



A "bankruptcy order" (Perintah Kebankrapan) may be issued if you did not attend the "perbicaraan petisyen pemiutang" but not the "bankrupted" status.
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answered on Oct 16, 2020 at 22:53
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edited May 23, 2021 at 01:31
 
@jeff005,

How about if I attend the hearing and request the judge to bankrupt me on that day? Nothing I can do now... better pay to Jabatan Insolvensi with what I am capable of paying..
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answered on Oct 17, 2020 at 08:15
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edited May 23, 2021 at 01:33
 
@Halimdeen

I have make an error in the above post:

Quote: A "bankruptcy order" (Perintah Kebankrapan) may be issued if you did not attend the "perbicaraan petisyen pemiutang" but not the "bankrupted" status.

The corrected explanation should be:
A "bankruptcy order" (Perintah Kebankrapan) "may" be issued if one did not attend the "perbicaraan petisyen pemiutang" but one can contest and/or appeal against the order (provide valid reasons) for the non attendance. Note the "may".

For your situation, you attend the hearing and inform the court that you do not intend to contest the lawsuit (in front of the Judge), you will be accorded the bankrupt status. There is no need for you to "request".

A more simpler way is to seek the lawyer of your creditor right after you have register your attendance and inform the creditors lawyer of your decision. The lawyer knows what to do in the proceeding. You have to be in the courtroom when your case is called out, as confirmation is required from you personally.
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answered on Oct 17, 2020 at 12:35
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edited May 23, 2021 at 01:39
 
@jeff005,

Ok... thank you for your in-dept explanation... this will help me a lot at the hearing later...
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answered on Oct 17, 2020 at 21:10
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edited May 23, 2021 at 01:40
 
@jeff005..

Selalunya hearing untuk bankruptcy di open court atau dalam kamar?
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answered on Oct 17, 2020 at 23:01
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edited May 23, 2021 at 01:42
 
@Halimdeen

It all depends on what the the plaintiff or defendant filed for.

Normally for a defendant who has no lawyers representation or self represent, the lawyer will file for open court to show off their skills and to bully the "layman". Imagine a big courtroom can be full of lawyers and attendees, it is scary, unnerving, intimidating to talk loud in front of the Judge (until they met a big loud speaker in me.. hahaha.. !!).

When during your registration (by machine or at the counter) you will know it is in the Judge's chamber or open court. It should be stated in the served papers you received. But it can be changed at the very last moment (mine was changed twice) by the other party.

For you there will be no issues.. (either way), so no worries..
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