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Document preparation for Saman Dalam Kamar, AFIDAFIT and Perakuan Segera

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

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

Question: 
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?

b. AFIDAFIT
    - 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 11, 2022 at 20:57
by  
Actually, I got confused and wrongly used the word “annulment (instead of discharge)” after reading several articles in the forum. 

Understood on the situation & consequences if wrongly using the word. Thanks for clarifying & I learnt a lot here. 
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answered on Jan 11, 2022 at 21:50
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edited Jan 11, 2022 at 22:08
by   jeff005
We all learn from scratch, being non-legal ppl. It is by expressing our opinions that we learn from each other. There is no malice by posting personal opinions.

This forum have evoluted to a higher level, with all the the efforts of non-legal forumers. We cannot blame lawyers as they too have different levels and different perspective. Those new lawyers may know the new laws but not the intricate applications.

What we should is to learn from others, do our own research and learn diligently. Learn the constructive ideas and help to spread the correct ones. This is, we have no choice, when we are poor and cannot afford lawyers services, plus in debts issues.

I shall start a specific topic "annulment" as soon as I make further research.

As far as i am concerned, there are a few ppl that have posted in this forum, should have filed for annulment just after they were adjudicated as a bankrupt, depending on time period and circumstances.

One old bankrupt is @King (bankrupted while on short working stint overseas - send by our Govt) 

Current case is @MyFair1770

But both cases is over 10 years making it impossible for any appeals nor annulment.

@carrie1226 case is her own personal case and it is really annulment (perhaps only one in 10,000 cases of bankruptcy). Btw she is also an Author in this forum  -
https://www.lawyerment.com/library/kb/authors/11

3 years ago, Carrie and I both jointly wrote on Annulment and Discharge of bankruptcy. Perhaps it wasn't informative enough for new readers. I shall rectify this setback soon.

Re: https://www.lawyerment.com/library/kb/authors/12

She has shared her personal experiences on her the annulment without legal services. Other readers may have copied her steps, unintentionally, without relating to their own situations /circumstances. You were very wise to have posted and ask in this forum first, before further action.

Sybas...
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answered on Jan 31, 2022 at 14:28
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answered on Jan 31, 2022 at 14:40
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edited Jan 31, 2022 at 14:42
by   liman
Hi Jeff, good day

1. Seek your advice/comment on the draf of Saman Dalam Kamar, AFIDAVIT & cover. Am I using the correct section of act for my mom case  (discharge from bankruptcy)?

2. I have made payment to JIM & gotten receipt. 
    - but when I request Surat Penyelesaian as eksibit B, the OA told they can only issue the letter after dividend is paid to the creditor, the process will be taking 2-3 months for me to get the Surat Penyelesaian. 
    - I further explained to OA that I’m not requesting Surat Pembatalan Kebankrapan, 
    - OA insisted Surat Penyelesaian & Pembatalan is the same. So I send the OA the sample of Surat Penyelesaian (from Google image with name & IC omitted). After OA saw the sample, she called & scolded me that different state of JIM having different practices. 
    - Any idea/advice for me to communicate with the OA on getting Surat Penyelesaian?
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answered on Jan 31, 2022 at 23:12
by  
I would not comment on any post for the next 5 days as I,m hibernating up in the mountains for my cny.

I oso do not touch on affidavits as I,m not a lawyer nor in the legal services.

It would be best you get the appropriate advices from a practising lawyer or pay for legal advises 

Off hand, i,m not comfortable with the following terms found above :

Penghakiman Penghutang
Membatalkan notis kebankrapan 
Diff JIM have diff polices 

My personal reserved comment is..

Affidavit seperti Di atas tidak sesuai Di kemukakan.
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answered on Feb 2, 2022 at 22:47
by  
edited Feb 2, 2022 at 23:02
by   Tanavaroot
Q..

1.  From where did you get the  amaun Penyelesaian, from Jim or the bank? Is it verbal or written?

2.  Is the payment one lump-sum or staggered?

3.  Your mother's status is a bankrupt not a penghakiman Penghutang.

4. Are there other POD filed?

6.  How to tarik balik a Bankrapsi Order  (BO) after 18 years? Your mother is seeking Pelepasan Bankrapsi.

Notis of Bankrapsi
And 
Bankrapsi Order issued 
Are two different terms
And you have also applied old terminology, I believe.
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answered on Feb 3, 2022 at 19:18
by  
Hi Tanavaroot, 

1. From JIM, which the amount includes JIM fees. 

2. Lump sum payment. 

3. So I should use bankrupt instead of penghakiman penghutang, right?

4. What is POD? (Sorry that I’m new this)

6. Yes, my mom case is to discharge from bankruptcy. I’m not familiar with terms, hence need your advice on drafting the SDK & Afidavit 🙏🏻
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answered on Feb 3, 2022 at 19:22
by  
Hi Tanavaroot,

I wish to proceed without hiring lawyer. Need your kind advice. 
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answered on Feb 4, 2022 at 16:20
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Need your kind advice

Not in the legal services, i decline to offer any advise. You have to do the research yourself.

It is unethical for non-legal forumers to offer legal advises pertaining to court affidavits, it would prudent for you to seek legal advise from practicing attorneys.

It would also be unfair to those lawyer firms who has been supporting this website via advertisements depraving them of their source of income. This website is for discussions NOT teach people, bypassing professional legal services. If it continues to have exotic forumers to give unsecured or unverified documentations, then in time to come, NO LAWYER FIRM would advertise. Who is going to support the maintenance cost of operating this website?

You have been actually given appropriate advises as tendered above to be able to submit the required docs. It is the terms stated that is, in several opinions tendered above that is not appropriate. Forumers have commented that it is not s105 and yet this s105 exists inside your draft affidavit. It also means you have not make proper research on this application.

There are tons of such samples that exists in Malaysia websites, you have to chose the correct one for your mother's case, bearing in mind that some samples were written by law students for their coursework.

Forumers can post and share their experience based on their actual situation and condition ONLY.

Copy and paste is a very dangerous situation for D-I-Y.
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answered on Feb 4, 2022 at 16:52
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edited Feb 4, 2022 at 17:52
by   jeff005
Notes :

LAWS OF MALAYSIA Act 360
*INSOLVENCY ACT 1967*
 
Bankruptcy Order
Bankruptcy order 4.
The court may, on a bankruptcy petition being presented by a creditor under section 6 or by a debtor under section 7, make a bankruptcy order

-----------------------------------------
 
Discharge of bankrupt by order of court 33.

(1) A bankrupt may at any time after being adjudged bankrupt apply to the court for an order of discharge, and the court shall appoint a day for hearing the application.
 
(2) (Deleted by Act A827).
 
(3) On the hearing of the application the court shall take into consideration a report of the Director General of Insolvency as to the bankrupt’s conduct and affairs, including a report as to the bankrupt’s conduct during the proceedings under his bankruptcy, and may either grant or refuse an absolute order of discharge, or suspend the operation order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt, or with respect to his after-acquired property.
 
(4) In all cases where it is proved to the satisfaction of the court that the bankrupt has committed any offence under this Act or under any written law repealed by this Act or under section 421, 422, 423 or 424 of the Penal Code [Act 574] the court shall unless for special reasons it otherwise determines either refuse the 46 Laws of Malaysia Act 360 discharge or suspend the operation of the order until a dividend of not less than fifty per centum has been paid to the creditors, and on proof of any of the facts mentioned in subsection (6) the court shall either—
(a) refuse the order; or
(b) suspend the operation of the order for a specified time; or
(c) suspend the operation of the order until a dividend of not less than fifty per centum has been paid to the creditors; or
(d) grant an order of discharge subject to such conditions as aforesaid. The powers of suspending and attaching conditions to a bankrupt’s discharge may be exercised concurrently

Please download and read all the relevant sections by urself.. !!
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