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Creditor's Action and Rights to Recover the Debt

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asked on Aug 6, 2021 at 11:28
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Dear viewers, I am having a situation where a friend filed sued against the debtor and successfully obtained court judgement in default towards the debtor. Through enforcement of judgement, the debtor is declared bankrupt and proof of debt filed with insolvency department. It is now almost 2 years file handle by insolvency department without any positive progress. she was informed that the debtor's property will be auction by mdi upon transfer of ownership to director general of insolvency (DGI) and the proceeds of sale will be distributed among creditors. however, the process stuck at land office. she quite dissapointed and thinks of exploring other means to expedite the debt recovery. is it possible to engage debt collector to recover debt despite of bankruptcy proceedings has commenced against the debtor. any advise how to facilitate her to recover debt. 
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2 Answers

answered on Aug 6, 2021 at 17:21
by  
edited Aug 6, 2021 at 17:35
by   jeff005
@ Hanisahayat

Topic Content :

Creditor's Action  -  already carried out, so what's de issue?

Rights to recover the debt - after bankruptcy, the rights to recover have been vested to the DGI of Insolvency - any issues?

Any amount arises from the disposal of any assets of a bankrupt will be distributed among P.O.D. creditors - no issues.

despite of bankruptcy proceedings has commenced against the debtor
The proceedings have concluded 2 years ago.. !!

The moral of the story

Making a poor person with many bad debts portfolio becoming an adjudicated bankrupt does not translate into even partial recoveries of monies.

any advise how to facilitate her to recover debt
Why disturb the bankrupt debtor any more? Not "yours only" debtor.
Try camping outside the DGI office and/or Land Office, or sending your private debt collectors there (at her own risks).
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answered on Aug 7, 2021 at 00:05
by  
Puan Hanisahayat

Dear viewers
This not is a viewing gallery as in a court proceeding but a Q&A forum.

You appeared to be quite proficient in the matters of bankruptcy, why still ask here? Your main purpose is to ask on "other" possible methods of recovery.. right?

The answer you seek lies in the records of the Land Office.

Cheers..
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