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Same creditor filing in disputable Proof of Debts

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asked on Jan 25, 2021 at 20:08
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edited on Jul 24, 2021 at 06:51
 
I was made bankrupt by this creditor who pulled some tricks with their lawyers and through the court somehow managed to make me bankrupt for about RM60K.

But recently, they file in more Proof of Debts for another RM100K that are disputable, despite I complain to Jabatan Insolvensi Malaysia, they do not care and so I thought of taking it to court to dispute these.

Can same creditor who make you bankrupt for a specific amount than continue to demand for more?
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6 Answers

answered on Jan 26, 2021 at 07:23
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edited Jul 24, 2021 at 07:25
 
@Jimmi

Can same creditor who make you bankrupt for a specific amount than continue to demand for more?

To answer your above statement, please can you elaborate more on your case:-

creditor who pull some tricks with their lawyers
Can share on how or what their lawyers did to manipulate the Bankruptcy Judge?
Were you represented by your own lawyers?
Did you attend the last Creditor's Petition (C.P.) hearing where you were adjudicated a bankrupt?
In what manner did Jabatan Insolvensi Malaysia ignored your complaints by "no care"? This is quite serious..!! Did you mean that Jabatan Insolvensi Malaysia accepted the subsequent Proof of Debt?
Did you submit this other "debt" in your Statement of Affairs (S.O.A.) on other Liabilities?
In what manner can a Bankrupt whose estate is under the administration of Jabatan Insolvensi Malaysia would have the funds to start a lawsuit or contest in a Court of Law (your lawyer taught you)?

The gist of of Query is based on the below terms:
1. Specific Amount
2. Disputable Proof of Debt (does this mean you were aware that there is/are other lawsuit(s) that could be parallel to the lawsuit of yours that cased you to be bankrupted).
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answered on Jan 26, 2021 at 13:50
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edited Jul 24, 2021 at 11:31
 
@Jeff, thank you for your answers:

Can same creditor who make you bankrupt for a specific amount than continue to demand for more? 

Do you know the answer for this? Already I cleared the judgment amount but they file in more disputable Proof of Debt to Jabatan Insolvensi Malaysia.

creditor who pulled some tricks with their lawyers

Yes, I was on business trip out of the country when they pulled these tricks with their lawyer friend, then when I was back and found to attend court, so I sent a lawyer to the court but despite proof of oversea, court does not care. 

Disputable Proof of Debt

I've already cleared the amount, but they still put in the Proof of Debt, what's this? Despite my complain those Proof of Debts are disputable, they no care, meaning I need to go court, else how?
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answered on Jan 26, 2021 at 17:15
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edited Jul 24, 2021 at 11:40
 
@Jimmi

Do you know the answer for this?
How can I answer when I do not know the specifics of this case. I have asked questions which has not been fully answered.

You have the services of a lawyer, by virtual fact, he should have answered you in all your questions above. What did he/she say?

Case Facts:

Case 1. RM100k lawsuit (Judgement Debt accorded) fully settled?

Case 2. RM60k Bankruptcy Lawsuit (Bankrupted).

----------------------

The most important aspect of my questions is "Did you attend the last Creditor's Petition hearing"?

Your answer is "then when I was back and found to attend court, so I sent a lawyer to the court". Your lawyer has advised that there wasn't a need to attend? Read the below "Law".



The "Proof" is that while being back in Malaysia, the debtor did not attend court. An unfavorable decision can be awarded by the Judge. There is no "trickery" by Bankruptcy Laws Act 360.
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answered on Jan 26, 2021 at 17:27
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edited Jul 24, 2021 at 11:44
 
@Jimmi

Do you know the answer for this?
Many readers would be surprised by my this answer.

Under rare cases, under different lawsuits by the same creditor, can file Proof of Debt of another debt from another lawsuit. Although this is uncommon in Debts Lawsuits for loans recovery by banks, it can be found in Construction Lawsuits for compensation for/from different lawsuits or projects which can encompass many other "debtors".

(Caveat: The above comment 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 26, 2021 at 22:13
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edited Jul 24, 2021 at 11:48
 
@Jeff,

Firstly, I'm already been adjudged a bankrupt for a few years and have been dealing with Jabatan Insolvensi Malaysia directly, so let's forget about Creditor's Petition hearing, etc. since that part is all over. 

Now, after I settled the judgment amount with Jabatan Insolvensi Malaysia, they filed in more Proof of Debts and demand another RM200K, so that I cannot be discharged.

So, do you have the answer how to get Jabatan Insolvensi Malaysia not to recognize the Proof of Debt since I have already fully paid up and if this go on with endless Proof of Debt, so how to settle then?

Lastly it's really through trickery with the lawyers and maybe the court that they obtained the judgment amount then later on the bankrupted me. 

Despite proving that I was oversea and substantiated with document proving that the demands are fraudulent, judge cares more that it's too late.
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answered on Jan 26, 2021 at 23:32
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edited Jul 24, 2021 at 11:56
 
So, do you have the answer how to get Jabatan Insolvensi Malaysia not to recognize the Proof of Debt since I have already fully paid up and if this go on with endless Proof of Debt, so how to settle then?

As a layman, I do not have the appropriate answer to your unique case.
Your lawyer would be the best person to advise you.

Your type of case is usually associated with improper or inadequate declaration or filing of your Statement of Affairs when you first reported in to Jabatan Insolvensi Malaysia.

I pass on this query.. with no further comments.
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