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Application to Strike Out the Creditor's Petition

1057 Views  ⚫  Asked 6 Years Ago
asked on Apr 19, 2012 at 00:19
by   hopeful
Dear notalawyer,

Thanks for your reply.

Please allow me to ask a few questions:

1. When you say "If you lose, ask for a short break and then quickly file the Notice of Appeal to Judge in Chambers."
--> when we ask for a short break, i assume, it is 20-30 mins break, right? filing a document takes minimum 2 hours, therefore, it is impossible for us to go file the document and return to the hearing within the short break, so how??
--> can we send someone else to file it? as in waiting downstairs with a queue number since 8am? (before the hearing even start?)
--> and judging from your next statement, you mean we should file these 2 documents, 1. appeal to judge & 2. summon in chambers to stay application, together, (if possible) during the break?
--> what if they do not allow a break? what do we do then? can we tell them honestly that we want the break because we want to go file these 2 documents?

2.When you say
"After the break, inform the SAR that you have filed another Summons in Chambers to Stay Bankruptcy Proceedings and ask for a new date so that the Judgment Creditor ( JC = bank ) will have time to reply to your stay application's affidavit."
--> is this summons in chambers to stay bankruptcy proceedings the same one i filed yesterday? the same document can be used?
--> and if i send this sealed copy to the lawyer tomorrow, and the date has been set 4th of May, doesnt the JC already has enough time to reply to the affidavit?
--> or do you mean to say we do not need to post it to the lawyer this letter?

3. "Does your mum know what to say for the Application to Strike Out the Creditor's Petition?"
-->your previous advice was "Give reason and argue why the Petition should be killed."
--> all the reasons has already been mentioned in our afidavit, i do not know what else to add. we do not seem to have any valid legal grounds, do we?
--> i translated it into english, because my mom is more comfortable to speak in English, and as i previously mention, the lawyer and the SAR also talk in English
--> please please advise if anything else we can say?? I will ask my mom to start memorising these
1. I am xx years old, retired since year xxxx, divorced and i alone am responsible to raise and provide for my 4 children, aged xx-xx. They are all currently still studying, only my eldest daughter will be graduating this year.
2. I do not have any valuable assets, property or shares that could be sell off. I only own a 24 year old car. My total asset is less than RM 5000.
3. My sole source of income is my pension, which is just enough for me to pay the house rental and to maintain a daily living and to provide for my children.
4. My health condition does not permit me to hold a full time job, I had heart operation done in year xxxx, I have high blood pressure, high cholesterol and heart disease, and need to take multiple medications daily and go for frequent regular follow up and blood tests in the hospital, moreover, with my age, it is impossible to get any employment anyway.
5. If I am declared a bankrupt, my pension will be ceased and the livelihood of me and my family will be jeopardized. I also believe that no party will benefit by declaring me a bankrupt.
6. I was the guarantor for a loan taken by my ex-husband in year 1996. I was never involved in any of his business.

Thanks and regards.
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