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Rayuan Permohonan Pelepasan Bankrap

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asked on Dec 30, 2020 at 13:58
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edited on Jun 16, 2021 at 02:39
 
Saya nak tanya macam-mana saya nak buat pelepasan bankrap? Saya telah di bankrapkan pada 08 Ogos 2016.

Apakah alasan alasan yang terbaik untuk permohonan pelepasan bankrap ini?

Saya dibankrapkan atas sebab hutang dengan Hong Leong bank pasal kereta. Apa yang terjadi pada saya, kereta tersebut dah pun ditarik oleh pihak bank dan apabila saya mendaftarkan kebankrpan di Jabatan Insolvensi Malaysia (MDI), MDI kata saya mempunyai kereta berpendaftaran MCXxxx.  Sedangkan kereta yang ditarik JLLxxx dan disewa beli dengan bank adalah kereta berpendaftaran JLLxxx. Apabila saya merujuk kepada pihak Jabatan Pengangkutan Jalan (JPJ)... pihak JPJ mengatakan "transfer" telah dibuat pada tahun 2017.  Kenderaan yang sama cuma nombor pendaftaran saja tak sama.

Dalam tuntutan bank pun tidak menyatakan hasil jumlah lelongan.

Setiap tahun saya telah menghubungi pihak MDI untuk keizinan pelepasan keluar negara. Cuma kali saya nak buat pelepasan status kebankrapan.

Saya merujuk kepada pihak Jabatan Pengangkutan Jalan.. dan pihak JPJ berpendapat  lupus kan kenderaan. Report polis dah dibuat untuk pelupusan.

Apa yang saya perlukan sekarang apakah alasan terbaik untuk saya membuat rayuan pelepasan kebankrapan tersebut.

Pendapat tuan puan dalam menyelesaikan masalah saya ini amatlah saya hargai. 
Terima kasih!
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9 Answers

answered on Dec 30, 2020 at 23:52
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edited Jun 16, 2021 at 02:40
 
@Mas Shaliff

Questions:

1.  Your age now?
2.  When did you reported in to Jabatan Insolvensi Malaysia (MdI)?
3.  How much are you paying monthly to MdI?
4.  What is your bankrupted amount?
5.  What is your total debts (semua kreditor-kreditor)?
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answered on Dec 31, 2020 at 08:53
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edited Jun 16, 2021 at 03:10
 
@jeff005

1. Your age now?
18hb January coming 45 year-old.

2. When did you reported in to Jabatan Insolvensi Malaysia (MdI)?
After got the PERINTAH... October 2016.

3. How much are you paying monthly to MdI?
RM200 per month.

4. What is your bankrupted amount?
RM60K xxx as claimed by Hong Leong Bank.

5. What is your total debts (semua kreditor-kreditor)?
No. No any creditor involved, only Hong Leong Bank.
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answered on Dec 31, 2020 at 11:01
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edited Jun 16, 2021 at 03:12
 
@Mas Shaliff

Many thanks for your detailed reply. I need some more info so that I can give a proper suggestion on how to apply for bankruptcy discharge.

Questions:

1. How many years is the hire purchase contract and loan value?

2. How many installments you have paid before the repossession?

3. Can you get a copy of the bankruptcy tuntutan to confirm that there was no lelong value stated within?

4. Have you ever defaulted in the installments to Jabatan Insolvensi?

5. Did you file the half yearly "Income & Expenditure statement" to your Official Assignee? How many times you have filed - can you remember?
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answered on Jan 2, 2021 at 07:45
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edited Jun 16, 2021 at 03:18
 
@jeff005

Hi Jeff, thank you so much for your support and help.

1. How many years is the hire purchase contract and loan value?
Hire purchase contract is about 9 years and should be expired in 2018. And loan value cannot remember.

2. How many installments you have paid before the repossession?
I also cannot remember.

3. Can you get a copy of the bankruptcy tuntutan to confirm that there was no lelong value stated within?
I will try my best to get it from Court. My bankruptcy file noted 08.08.2016 and Court Order is 22.02.2017.

4. Have you ever defaulted in the installments to Jabatan Insolvensi? 
I do not pay every month.. I will pay every 1 year lump sum.

5. Did you file the half yearly "Income & Expenditure statement" to your Official Assignee? How many times you have filed - can you remember?
Yes I did, until now I remember already 4 years from 2017, 2018, 2019, 2020.
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answered on Jan 7, 2021 at 17:19
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edited Jun 16, 2021 at 03:25
 
Hi, I just stumbled upon your post and realized... we were bankrupt around the same time.

So do TS follow the old Bankruptcy Act or the one with amendment in 2017 atau the latest one in 2019/2020?

Untuk rayuan pelepasan kebankrapan, kalau nak bayar full settlement, kita berunding dengan bank yang bankrapkan kita, or tanya sahaja MdI how much do we need to pay, then bayar jumlah yang ditetapkan oleh MdI?

TS berurusan dengan MdI mana ya? Because mine is MdI KL, I failed to contact anyone there. Email, call no reply and answer. Trying to go there, but officers said need appointment first. But how to set appointment if they never reply or answer my call?
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answered on Jan 7, 2021 at 20:46
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edited Jun 16, 2021 at 03:35
 
@Mas Shaliff

Sorry for belated reply.

Hire Purchase Agreement/Contract
In this contract for 9 years, the hirer has agreed to pay interests for 9 years. So, during the first 4 years, any installments paid was being off-set by the interests element. If the purchase price was around RM40k, the principal loan amount would probably remain if the loan was 100% full loan. Thus a defaulter would normally be in the RM30k bankruptcy bracket.

Dalam tuntutan bank pun tidak menyatakan hasil jumlah lelongan.
Normally in the tuntutan for Judgement Debt, it would not be inside as the car could still be in the bank's storage yard not lelong yet but no laws have been broken as you are the Hirer and the bank is the actual owner.

But in the tuntutan for bankrapsi, it should be inside. You have to go to the bank lawyers or the courts to extract the two tuntutan for confirmation. There could be a miscarriage of natural justice. (My personal opinion).

I do not pay every month.. I will pay every 1 year lump sum
I remember already 4 years from 2017, 2018, 2019, 2020
Normally this situation occurs to people who are working overseas and have to come back to re-apply yearly permission to travel aboard.
This working overseas could be the reason you have been bankrupted in your absence from Malaysia, am I correct in my best guess?

(Caveat: The above article is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
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answered on Jan 7, 2021 at 21:33
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edited Jun 16, 2021 at 03:39
 
@Mas Shaliff

saya membuat rayuan pelepasan kebankrapan tersebut.
Your 5 years case management with Jabatan Insolvensi Malaysia will be completed in 2021.
Your monthly RM200 would not exceed 50% of total Proof of Debt of the creditor. My personal opinion is to apply once the 5 years period is over. If you apply now, chances it would be denied.

apakah alasan terbaik
1. You have adhered (obey) to the terms and conditions of the case management.
2. You have paid up all the installments (lumpsum every year).
3. You have reported back into Malaysia (not absconding - lari away)
4. There could be a miscarriage of natural justice whereby the lelong value was not in any of the two tuntutan. (you have to be very careful and produce evidence).
5. You have completed the 5 years case management.

@Mas Shaliff,

Good Luck to you, may Allah Bless you with successful application for bankruptcy discharge. This is my best "alasan" I can think of...

(Caveat: The above article is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
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answered on Jan 8, 2021 at 10:34
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edited Jun 16, 2021 at 03:43
 
@Aza S

So do TS follow the old Bankruptcy Act or the one with amendment in 2017 atau the latest one in 2019/2020?
What is the meaning of your "TS"?
What is inside your the 2019/2020? Insolvency Act?

I failed to contact anyone there. Email, call no reply and answer.
Trying to go there, but officers said need appointment first.
First you say no response, next you say that the officer said you need appointment? Which is which? Which type of agency officers you actually spoke to or got information from?

What type of appointment requested? Surrendering? Enquiries? Complaints? Submissions of documents? Bankruptcy tests or exams? Official Assignee job interview?...
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answered on Jan 27, 2021 at 16:13
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edited Jun 16, 2021 at 04:33
 
Hi @jeff055

Sorry for the belated reply and thank you for your opinion.

But I have one question, I do not understand this statement and please teach me clearly. I will follow the steps you've given but need clear understanding of this statement before I apply them.

4. There could be a miscarriage of natural justice whereby the lelong value was not in any of the two tuntutan. (you have to be very careful and produce evidence).

Which Law or Act defines this "miscarriage of natural justice"? But I sure that any claim must have a "lelong value" then only they can claim from me. But the bank claimed "without" lelongan value.

Secondly, if I dispute this statement, will the bank file summons against me or not? But that is their mistake.

Thirdly, what does miscarriage of natural justice mean? 

Thank you!
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