Document preparation for Saman Dalam Kamar, AFIDAFIT and Perakuan Segera

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asked on Jan 10, 2022 at 18:16
Hi everyone, 

I’m doing annulment of bankruptcy order on behalf of my mom & wish to not hiring lawyer.

I’m confused in preparing for documents below:  

a. Saman Dalam Kamar
    - I fill in with necessary details & left the blank for the “Penolong Kanan Pendaftar Mahkamah Tinggi”, correct? Is it considered complete for me to proceed e-filling at high court?

    - I need to get certified by Commissioner for Oath at the High Courts first, only I can proceed with e-filling, correct?

c. Perakuan Segera
    - I get my mom to sign as Pemohon, is it considered complete to proceed to e-filling?
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answered on Jan 10, 2022 at 19:33

When was your mother bankrupted?
How many years she was under the case management of JIM?
Is the OA aware of your mother's intention?
Have all the creditors approve this application?
Who taught your mother to apply for "annulment"?
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answered on Jan 10, 2022 at 21:00
Hi Avenger,

My mom has been under bankruptcy since 2004. Yes, OA is aware and I have obtained the full settlement letter from JIM. 

Now I’m about to make payment and would like to know how to prepare documents for high court e-filling. 
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answered on Jan 10, 2022 at 21:56
edited Jan 10, 2022 at 21:59
by   Avengers Malaysia
How can an individual "annul" a bankruptcy while holding the status for the past 18 years.

Your mother does not qualify for Annulment under s105 of the Insolvensi Act.

This is merely application for discharge of bankruptcy.

Once the payment has been made, her OA will guide her on the application.

All documentations must come from JIM. OA will show her the standard format.

Form now onwards there this profile name has been returned to the rightful owner. There is no longer any avengers malaysia.

It will be renamed as the  Lovely Kantonese Lord Sith
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answered on Jan 10, 2022 at 22:08
I Noted on the discharge of bankruptcy instead of annulment. 

JIM OA insists me to hire lawyer to go through the discharge process. So “all documents must come from JIM” means including “Saman Dalam Kamar & AFIDAFIT”? 

I refer to link as below that some documents can be prepared by our own.

1. SAMAN DALAM KAMAR (type and print) 
2. AFIDAVIT SOKONGAN (type and print) need to be certified by a Commissioner of Oathsat the High Court 
3. Settlement letter (from Jabatan Insolvensi Malaysia) 
4. Payment Receipt (from Jabatan Insolvensi Malaysia) 
5. PERAKUAN SEGERA (type and print) 
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answered on Jan 10, 2022 at 23:01
edited Jan 10, 2022 at 23:33
by   Avengers Malaysia
So “all documents must come from JIM” means including “Saman Dalam Kamar & AFIDAFIT”? 

Every docs filed in court is via an "affidavit".
In your mother's case, the "Affidavit Sokongan" must bear the reasons for her application. In other words the reason for her application. It will consist of the settlement letter and payment receipt from JIM, tendered within the affidavit shown as Exhibit A, exhibit B.

@carrie1226 got all the formats from JIM. Your mother have to be nice, polite and tactful to the OA to get appropriate advise. Otherwise get quoation from lawyer's firm for best price during this economic recession.

You may ask this person @Idries for insights. He has just been discharged not long ago.
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answered on Jan 10, 2022 at 23:15
edited Jan 10, 2022 at 23:26
by   Avengers Malaysia
This post is NOT disparagement to carrie1226.

What carrie did was correct procedure due to her situation.

It is an "annulment" under S-105.

She had left Malaysia to work oversea even before she was made a Judgement Debtor (ingkar) and bankrupted without her knowing it. She came back Malaysia to renew her passport (new one) for the purpose of overseas marriage. She qualify for annulment under sect 105 BA 2017.

@steph was in a similar situation with a child just born overseas and with overseas EP. With personal immigration issues, her child could not be properly registered overseas. Forced to come back by bankruptcy.

This is why they have the reasons to file for perakuan segera. What is your mother's reason?
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answered on Jan 10, 2022 at 23:20
edited Jan 10, 2022 at 23:30
by   Avengers Malaysia
Thus Section 105(1) IA 1867 reads:-
Where in the opinion of the court a debtor ought not to have been adjudged bankrupt, or where it is proved to the satisfaction of the court that the debts of the bankrupt are paid in full, or …  the court may annul the bankruptcy order.
Excerpts info :

Some of the recourse a bankrupt might want to consider include appealing the bankruptcy order, applying to the court for an order of discharge, applying to the court to annul his/her bankruptcy, etc.
Now, there are various differences in the various provisional recourse available to a bankrupt but for the purposes of this article I will be focusing on the application to annul a bankruptcy order governed under Section 105 Insolvency Act 1967 (“IA 1967”), specifically applying to annul a bankruptcy order on the basis that the bankrupt has sufficient funds to satisfy the debt which the bankruptcy order was made upon.

Before moving into the substantive law, keep in mind that there is a stark difference between a discharge of a bankruptcy order and an annulment of a bankruptcy order to be highlighted. An annulment has the effect of terminating the bankruptcy order made against you, as if the bankruptcy order was never made in the first place, whereas a discharge relieves you from all of your debts provable in the bankruptcy but your record will still reflect that you were previously a bankrupt. 

Comparatively, it is more ideal for a bankrupt to have his bankruptcy annulled as its effect is that the bankruptcy never happened. However the basis for annulment as seen above can be difficult to prove

Common grounds raised for such a basis typically include the fact that the debtor is no longer domicile in Malaysia, the debtor did not owe such a debt, the fact that the creditor’s petition was premature.
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answered on Jan 11, 2022 at 12:23
Hi, thanks for your explanation, you are helpful  
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answered on Jan 11, 2022 at 13:01
edited Jan 11, 2022 at 13:06
by   jeff005
@ liman

Sorry I do not respond to Lawyerment  "PM"  apps nor to private emails.

I fully 100% agree to the laws & procedures posted above.

If you had applied for "annulment" under Sec 105, the High Court will throw out the case and ask you to apply for a "Discharge of Bankruptcy". You will be wasting time plus court fees.

And if use the services of a inexperienced private lawyer, you will be tearing your hair out for having to pay legal services twice. You have given instruction to file for "annulment", so will file. If the court rejects, it is not the lawyer problem. It's your problem...

I think you told the OA you want annulment, that's why they ask you to get a lawyer to do it.

This application is by your mother, so it is applied by herself.

means including “Saman Dalam Kamar & AFIDAFIT”? 
The above is applied by, signed by and filed by your mother.
The supporting documents must be from JIM (certified copies by CoOaths)
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answered on Jan 11, 2022 at 13:09
Lovely Kantonese Lord Sith

Welcum to Lawyerment Forum..
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