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 Feb 4, 2022 at 17:29
edited Feb 4, 2022 at 18:05
by   jeff005
Quote (my comments)
"Off hand, i,m not comfortable with the following terms found above :

Penghakiman Penghutang
Membatalkan notis kebankrapan 
Diff JIM have diff polices"

Penghakiman Penghutang (Judgement Debtor) is the term applied for the start of a bankruptcy proceeding.

Membatalkan notis kebankrapan 
A bankuptcy order has been issued (RO-old term) 18 years ago, the moment if a Judge ever "batalkan the BO", it means your mother has never been bankrupted before, then you can file a lawsuit against JIM for any moneys ever paid to JIM - to be repaid /refunded to your mom.
(Logic vs No Logic).

Diff JIM have diff polices
This is the first time I heard this statement from an inexperienced OA, 0r have you stepped on the tail of a fox? Communication issues??

Diff Judges have diff policies 
(This I agree)

Just research properly and use the correct terms and post it here for comments. If no further comments means chances it is enuf for filing.

U have to do your own homwok if u diy..!!
Otherwise fork up some funds for proper lawyer services.

Footnote :
If you given a hearing date for the above, you have to inform your OA to attend.

A bankrupt cannot represent him/herself in any court of law, with the exception on criminal charges against the bankrupt. Any financial lawsuit and/or application, a representative from JIM should attend, otherwise, a very unfavorable Judgment can be levied against the bankrupt. 
Representation must be from JIM, so be nice to your OA. Otherwise on that day, someone can get covid medical leave..!!

4. What is POD? (Sorry that I’m new this)
Proof Of Debts - filed by any other creditors.
Read more in this section of Lawyerment.. !!
Being new is not an excuse to get your mom discharged.

If the "settlement amount" is given /issued officially direct by JIM, it could mean that there are no other POD creditors.

Sorry to have said this : no offense pun..
It is real ignorance to do the discharge this way (based on bankrupted amount). The bankrupt could have approach the bank for even up to 70% discount on bankrupted amount after 18 years.

JIM always based on discounted bankrupted amount (for their charges).

Do not cry over spilled milk, but this is to create awareness to those bankrupts who is going for bankruptcy discharge after more than 5 years.

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answered on Feb 4, 2022 at 17:59
edited Feb 4, 2022 at 19:29
by   jeff005
OA insisted Surat Penyelesaian & Pembatalan is the same. 
The surat has to be issued by JIM and to be filed in court
in order for the Judge to discharge = pelepasan (not pembatalan) the bankrupt.

The more you try to rush the OA (Pegawai Insolvensi), the thicker the brick-wall you have to drill thru.

What's the rush after 18 years.. ??

Who taught you to use the term "batal" so freely? Nanti kena bantai by OA again..

I wish to marry U - is a proposal
i will marry U - is a commitment

I wan to batal this marriage (annul) for non-consummation of the marriage and
I wan a divorce to get 50% of your assets are two different aspects of a marriage.

Be specific of what you want in a court of law, then you may get it.
Beating around the bushes gets you nowhere, oni heart attack.. !!
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