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Good News! Automatic Discharge for bankrupts coming soon!

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asked on Feb 7, 2012 at 17:26
by   Sharimah
edited on Aug 1, 2016 at 23:21
 
235,908 individuals declared bankrupt as of October 2011: DG

Published on: Wednesday, December 07, 2011

Kota Kinabalu: As of October this year, a total of 235,908 individuals were declared bankrupt in the country, said the Director-General of Insolvency Department Datuk Abdul Karim Abdul Jalil.

He said based on the records of the Malaysian Insolvency Department, the main causes for bankruptcy were hire-purchase agreements (26 per cent), followed by personal loans (21 per cent), housing loans (14 per cent) and other loans including business loans and corporate guarantees.

"This places Malaysia among the countries with a large number of bankruptcies compared to the other countries, with an average of 41 individuals declared bankrupt each day," he said.

Between 2005 and October this year, a total of 14,000 cases were discharged of bankruptcy at the discretion of the Director-General of the Department of Insolvency, Abdul Karim told reporters after opening the dialogue on insolvency at the Federal Administration Complex in Likas, here, Tuesday.

The discretion refers to the bankrupt individual paying back the loan on instalments continuously for more than five years and that they offered close cooperation with the Department of Insolvency.

Abdul Karim said the Government was reviewing the Malaysian Bankruptcy Act 1967 in efforts to assist those who were declared bankrupt to continue with life without the debt burden, including automatic discharge.

SOURCE: www.dailyexpress.com.my/news.cfm?NewsID=79943

Datuk Abdul Karim Bin Abdul Jalil
Current Director-General of Insolvency (DGI)
From 16.04.2009 to current.
Department of Insolvency, MDI
Prime Minister's Department

PROFILE Source: www.insolvensi.gov.my/fair2011/images/stories/CV%20DATUK%20ABDUL%20KARIM%20ABDUL%20JALIL.pdf
Second chance

11 December 2011
By P. Selvarani
KUALA LUMPUR

Under proposed amendments to the law, bankrupts will soon have an opportunity to start anew after five years

Debtors will have a lot of reasons to smile once proposed amendments to the law are passed to enable bankrupts to be discharged automatically.

It is learnt that under the amendments, bankrupts may be automatically discharged after five years without having to apply to the courts or wait for the approval of the director-general of Insolvency (DGI), to be freed of the social stigma.

The Insolvency Department is seriously considering this move -- which is practised in many countries -- to give bankrupts a second chance to start anew.

The automatic discharge was proposed as the department believes making people, especially those who are honest and credible, a bankrupt for life will not benefit anyone.

"In many cases, it does not help them or their creditors as some of these people really cannot nor have the means to settle their debts.

"Some debtors are also untraceable. So what's the point of having them in our statistics? An automatic discharge will help them get back on their feet and start life afresh," DGI Datuk Abdul Karim Abdul Jalil told the New Sunday Times.

However, he said, many issues needed to be looked into.

"Should any conditions be imposed before this automatic discharge procedure is applied, especially to the dishonest and non-cooperative bankrupts? Or can the creditors or the DGI raise objections in relation to the conduct of the bankrupt? These are matters we have to thoroughly look into."

Several countries, including Thailand and New Zealand, have laws which allow for the automatic discharge of a bankrupt after three years as long as the bankrupt is not involved in fraud.

In Canada, a first-time bankrupt is automatically discharged after nine months if he fulfills all his duties and does not have any excess income. In the United Kingdom, bankrupts may be discharged after a year.

Karim said the automatic discharge was among the proposals under amendments to the existing laws to create a single Insolvency Act.

The proposed amendments have been submitted to the attorney- general.

At present, apart from paying their debts in full to qualify for a discharge, bankrupts in Malaysia can also be discharged at the discretion of the DGI.

This was made possible under amendments to the Bankruptcy Act in 2003 which gave the DGI the authority to discharge a bankrupt after five years or more.

Previously, bankrupts could only be released by the court if they paid their debts in full or if they were wrongly declared a bankrupt.

The automatic discharge proposal was mooted in 2003, but the authorities then felt that it was not the right time to introduce it.

"So, we introduced the Certificate of Insolvency instead which gave the DGI the power to discharge a person after five years or more, subject to objections from the creditor.

"And we used this certificate to save credible entrepreneurs, such as those who became bankrupt due to the economic crisis and not because of their own folly."

Since then, the department has discharged 14,174 bankrupts based on their good conduct and cooperation.

"We had also discharged extremely poor people and the sick.

"Through our outreach programme, we had personally witnessed their condition.

"Some of them were so poor or sick that they could not even make ends meet, let alone repay their debts. In such cases, we released them from bankruptcy because it would benefit no one for us to continue administering their files. Instead, it may incur us unnecessary costs."

Karim said it was necessary to streamline insolvency laws in Malaysia, such as personal insolvency (under the Bankruptcy Act 1967), corporate insolvency (which comes under the Companies Act 1965) and other related laws for a more efficient administration of insolvency cases as many of the laws now overlapped with those of other agencies.

For example, although the DGI is the official receiver and liquidator of companies, which have wound up and societies and trade unions which have been de-registered, laws pertaining to these matters are still parked under the Companies Act 1965, Societies Act 1966 and Trade Unions Act 1959, which come under the jurisdiction of the respective agencies.

"The international trend now is to put all this into one legislation to be administered by one organisation.

"We don't want the functions to overlap.

"We need a more effective and innovative insolvency administration system to create a new insolvency landscape in the country. Without doubt, an effective and innovative insolvency system will contribute tremendously to a country's financial stability."

He said on an average, 41 individuals were declared bankrupt every day.

Most of the bankrupts had defaulted on the payment of their car loans.

SOURCE: www.nst.com.my/local/general/second-chance-1.17673#ixzz1lfJwLKwL
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answered on May 31, 2013 at 00:20
by   guarantor
edited Jun 22, 2016 at 03:50
 
True enough. Even money drop from the sky, why pay. And don't be a fool. Change your mind set, life will be good. I'm talking thru' experience.
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answered on Jul 25, 2013 at 17:40
by   Dunked
edited Jun 22, 2016 at 04:17
 
We are all in the same boat, so just keep our finger crossed! Any hope is better than none.

I was made a bankrupt for RM120,000 and the bank allows RM60,000 for settlement recently. Consider a good deal. So I went all out to raise the fund and BINGO! got it and went happily to JIM with the bank offer...

But was really sad to find out that JIM charge 18% extra administration fee! So forget about it... that's all I could raise RM60,000.

When I see the TV ad showing Jabatan Insolvensi Malaysia (JIM) officer offering help in OUR times of need! OMG!
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answered on Jul 26, 2013 at 18:30
by   Victim
edited Jun 22, 2016 at 04:22
 
When I saw that advertisement on TV, I was like "Hahaha, there to help? Right!"
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answered on Jul 27, 2013 at 07:57
by   sleepless
edited Jun 22, 2016 at 04:23
 
18% is terrible! No wonder they won't auto discharge you since there is GOOD MONEY to be earned! Really sad case.
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answered on Jul 27, 2013 at 10:37
by   guarantor
edited Jun 22, 2016 at 04:25
 
I told you guys many times before, don't wait for any changes by anyone, you must change your mind set and move on. Believe me, life will be good.
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answered on Jul 27, 2013 at 12:20
by   Victim
Guarantor, can you shed some lights on how possible to travel overseas without having to pay anything other than the refundable deposit to JIM.
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answered on Jul 28, 2013 at 04:43
by   guarantor
edited Jun 22, 2016 at 04:26
 
That I cannot help because the condition is set as such. I just hope they will be lenient to us in future.
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answered on Jul 28, 2013 at 22:52
by   Natasha
Dear readers,

I just happened to know that I was declared bankrupt a year ago. A lot of things came to my mind - need some info from you guys here.

1. If I go to JIM and surrender, would they still proceed with any property and household seizure?
2. Would they automatically seize my account too - as I am currently working and my salary is banked in to the account.

Need advise what do I do now.
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answered on Jul 29, 2013 at 06:26
by   guarantor
edited Jun 22, 2016 at 04:32
 
1. Sell what ever you have to a non-related members quickly and quietly fast.
2. Then go to Jabatan Insolvensi Malaysia (JIM) but don't disclose your sales.
3. Then open a new account for your salary for your monthly income because your existing one will be frozen in no time.
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answered on Jul 29, 2013 at 12:14
by   natasha
Dear guarantor,

If I open a new bank account, aren't they going to freeze it as well.
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