Bankcruptcy - Creditors Petition

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asked on Mar 11, 2021 at 21:34
edited on Mar 11, 2021 at 22:02
by   mshafiqs
Salam tuan/puan.
Mohon pandangan dan pendapat berkenaan kes saya.
Saya baru sedar ada remarks dalam rekod CTOS saya yang memaparkan informasi kes mahkamah berkenaan creditors petition oleh pihak bank. Dan saya baru sedar hari ini yang account saving Maybank saya juga telah disekat.
Berdasarkan pada informasi terdapat maklumat pihak peguam bank yang boleh saya hubungi dan saya telah hubungi pihak peguam tersebut dan mereka memaklumkan pada saya bahawa saya sedang dikenakan tindakan bankrap oleh pihak bank.
Surat telah dikeluarkan dan meminta untuk saya hadir di mahkamah tinggi Alor Setar untuk creditors hearing pada 28/3/2021.
Disini saya ingin bertanya bagaimana saya boleh untuk melengahkan tindakan peguam atau mahkamah untuk bankrap kan saya dalam masa terdekat?
1.Sebab utama adalah saya memerlukan wang untuk perbelanjaan, manakala permohonan isinar juga telah diluluskan.
2. Soalan kedua, bolehkah pihak maybank sekat akaun saya sedangkan saya belum lagi diisytiharkan bankrap?

Update cerita:-
1. Setelah menghubungi bapa saya, saya dipahamkan ini berkenaan dengan pinjaman perniagaan syarikat bapa saya. Saya merupakan ahli lembaga pengarah kerana syarikat jenis sdn bhd yang mempunyai 1% pegangan sahaja manakala bapa saya 99%.
2. Minta pandangan adakah saya dikirakan sebagai penjamin social dalam kes ni? dan adakah saya boleh melawan kes tuntutan ini
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answered on Mar 12, 2021 at 12:25

my case still dont have any judgement yet and wanted my saving account to be unfreeze
The moment you tender this letter from the lawyer office, you have performed the following :

1. You have acknowledge that there is a bkcy proceeding on you. It can be regarded as "hand served". If you do not attend, there can be a warrant issued for you to attend or the simple way.. bankrupt you on the spot.

2. MBB upon receipt of this letter, may response by issuing a termination letter of your any loans from MBB. This is proof of you breaking financial laws. The moneys inside your accts will be used to offset your existing loans with MBB.

Bace terma terma dlm application of the loan ngan teliti.

"Any defaults of other loans from other banks may result in the termination of your current loan even if there is no defaults in your this current loan".
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answered on Mar 12, 2021 at 12:46

Thanks, I will do my homework and go through all the advice earlier in the forum.
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answered on Mar 12, 2021 at 16:02
@ Jeff 005

without Bankruptcy order the bank should not freeze saving accounts... i think he can write in to BNM and to maybank...  i believe once you do that...they will unfrozen it

from what i heard/read someone - without court order no one can freeze anyone's saving account.
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answered on Mar 12, 2021 at 16:15
edited Mar 12, 2021 at 19:14
by   jeff005
The bank is the operator of your account, why he cannot freeze his own customers acct? Can even blacklist one's acct for abuse or even under suspicions of money laundering or even financing terrorism. That is when all the other banks starts to close your acct and not open any acct under ur name anymore.

Do stop listening to apek apek kedai mamak chatter.. borak borak shj..

Not easy to find faults in my postings (line by line). i'm usually very careful.. you are not the first and definitely not the last.. i have been thru all those critics for the past 8 years in this forum.
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answered on Mar 12, 2021 at 21:44
edited Mar 12, 2021 at 22:15
by   jeff005
@ Vince Sum

My personal interpretation and corrections to misconceptions :

without Bankruptcy order the bank should not freeze saving accounts.

1.  When a BO have been issued by the High Court, notifications will be send to 
a)  Insolvency
b)  BNM

2. Insolvency will send notifications to
a) Immigration for blacklisting
b) EPF to stop withdrawals

3)  BNM will send notifications to 
a) All banks to freeze all accounts and later closed all accounts and remit all balances into the estate of the bankrupt in JIM. 
b) In some cases, due to human error, some small balances in some smaller banks may have not been carried out. But watch out, there has been a "standing order" issued out.

The court BO is not needed to close or freeze any bank accts, the BNM Instructional Notification is the order to close any bank accts. Courts do not regulate Banks and have authority over them. Only BNM have the absolute authority to send out notifications.

For "freezing" accounts in a bank, the bank has the authority to freeze its own accts operated by them. A Garnishee Order from any Magistrate Court can garnish /beku any monies from any bank (must leave at least RM10). It is not closing of the bank acct. A Garnishee Order is levied at all types of accounts (same name acct holder) for a particular specified bank only. And.. it is renewable or extended. It is not a "blanket order" to all other banks. It is served to the bank HQ..
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answered on Mar 16, 2021 at 02:19
edited Mar 16, 2021 at 02:35
by   Halimdeen
Mr. Jeff..

Ive been bankrupted in october last year and i attended the cp hearing. Untill now i didn't received any letter from jim and my bank account still not frozen till now and still not blacklist by immigration also. So must wait the letter from jim or just go direct to the jim or wait they freeze my bank account first?
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answered on Mar 16, 2021 at 07:02
edited Mar 16, 2021 at 07:30
by   jeff005
@ Halideem

Nice to hear from you and your update.

You may go to nearest JIM and enquire, most important the bill collectors do not disturb your mother's house with threats of WSS.

The beauty of it like your case, is that you attended and did not contest the bkcy. So, the court officers "relax", this guy is not running away and at the same time there is a travel ban so Immigration,  so may not take action as yet. Immigration together with MOH, is very busy chasing after those foreigner workers for C-19 tests. A friend of mine is a subcontractor for MOH conducting raids "middle" of the night at worker's hostels. There are still a lot of them hiding.

For some bankrupts, the banks react fast, some bankrupts were issued "bkcy files" by the paying of RM2,000 to JIM..!! Even before the Creditors Final Hearing.

Actually the Bankruptcy order is out. The bank lawyers can extract it from the court after 14 days of the hearing. The bank may even present it to BNM and Immigration themselves. So, everything can be speed up by THE BANK itself. The beauty of "No Contest" is that nobody really bothers about you at govt agencies. You were "prepared".

The main issues as in your case, are the collection agents, just show them the CP papers, they will stop disturbing you.

If you want your bkcy papers fast then go direct to JIM and show them the Court Papers. Do not go to the courts to extract the BO. I think it cost you RM200-300. When you meet your OA in JIM, they will give you a copy FREE.. !!

The lady whose case was around the same time as yours also plead NO CONTEST. She email me thanking me and told me that she took all her children to Melaka and had a peaceful stress free holiday.. during that weekend (no MCO yet). Mind you she "was" an ex lecturer of a reputable university and badly haunted by the BCs because they found her at the lastest house address. And she is a joint name house owner.

Just be natural and carry on your work with a piece of mind. If you have EPF (acct 1) just apply I-sinar. You are 50 this year right? Apply your EPF. Yes, you can go EPF office and check too. BNM will inform directly EPF. If no records (as yet), withdraw all your Acct 2 out..!!

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answered on Mar 16, 2021 at 12:00
Mr. Jeff

Thank you for explanation. Im not 50 yet...45 this year.😊
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answered on Mar 19, 2021 at 10:14
@ Jeff

so based on your experience , if plead no contest the court will go easy on you? if like that perhaps those who cannot avoid already should do so...then at least buy more time. account not frozen , still can travel and etc. and then got the protection of bankruptcy - then the debtor collector cannot distrub and call endlessly .

plus no one can tell what will happen in the future, maybe another pandemic? maybe this current only will pro long ? maybe this one will cause more become bankrupt and the JIM will be underhanded or busy handling the bigger amount than yours? and by the time they are ready to handle your case - it might be 10 years or 20 years down the road and you already went to meet your maker?

as here civil servant is extremely slow... i know that for sure. because by right if you have unpaid summon by pdrm or jpj, you cannot renew your driving licence... i have more than 10 unpaid police summon that some is even more than 30 years , ie 1990. still unpaid...yet i am able to renew my road tax every year without fail.
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answered on Mar 19, 2021 at 10:59
edited Mar 19, 2021 at 11:03
by   jeff005
@ Vince Sum

Honestly I do not understand the gist of your comments.

From the topic of CP, it goes into PDRM and JPJ..

so based on your experience 
Have I ever stated I have been hauled to Bkcy Court, I have no experience at Bkcy Court at all..!!

I match events to the Laws stated within.

My postings and comment are personal views and are not legal advise, my perceptions is my own as I have always declared. What people wants to do with their bkcy issues and at CP level is on their own personal choice.

I only highlight both the pros and cons and give people some form of choices.

Did the your current bill collector give you any choices.

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