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adakah rumah saya akan dilelong

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asked on Dec 19, 2014 at 21:33
by   shah
saya baru diisytihar bankrupt krn hutang dgn bank rakyat. adakah rumah sy akan dilelong oleh insolvensi?
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answered on Dec 20, 2014 at 00:09
by   jeff005
1/How much you were bankrupted for.?
2/For what type of debts?
3/House - how many names? Is it still under housing loan.?
4/When are you suppose to report to JIM?
5/How old are you?

Baca masaalah "annuar"

.. http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-2963.htm
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answered on Dec 20, 2014 at 17:02
by   shah
annouced bankrupt for personal loan with bank rakyat... original loan amount was rm80k.. payment was cantik when i was still working for about 6years.. then last year was a soooo hard time for me.. i couldt'n pay my loan... when the bankruptcy notes arrived, the letter stated that i'm in debt for around rm141k...

my house i'm staying now is still under bank loan (hong leong bank). bought price was rm161k.. and now the market value is about rm350k.. house and housing loan is under my name only. staying here with wife and 5 children.

reported to JIM on last thursday (18/12/2014)...

i'm 32y.o.
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answered on Dec 20, 2014 at 23:00
by   jeff005
@Shah..

What transpire or cerita di JIM? Bolih share?

You should have been given a form to declare your assets. If you did not declare, the risk is all yours.. You keep on paying the instalments and if JIM finds out later, JIM will still take possession and then lelong it out. Looking at the figures you have posted, if orang tender and buy ex "house" at near market value, dah cukup bayar housing loan and pay back bank rakyat.

1/Did you request your OA to nego the interest rates of the bankrupted amount..??

2/You just reported in, you still can nego during the "first creditors meeting". You must attend and fight for your rights. Do not just simply accept the POD(Proof of Debts) amount blindly. Make those bank lowyers run up and down JIM. This time they cannot charge you fees.. You can have multiple "meetings".

3/For the benefit of others and future bank victims, please can you share your dealings with your OA..??

Thank you in advance..
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answered on Dec 21, 2014 at 05:18
by   shah
@bladirunner

act, i received no calls from the bank. only letters.. then later came the bankruptcy notes and perintah mahkamah. when i called the lawyer, she asked me to go to the bank and discuss with the banker. i did go to the bank and the banker asked me to pay about 1/3 from my outstanding which was that time only rm6k+-.. and beforw the due date of 6 month (the final month to be exact) i did go to the bank and discuss with the banker asking on what was my situation. will they still charge me bankrupt or can still nego for rescheduling   .but the banker only say this->> "saya tak pasti sama ada cdm akan terima lagi bayaran encik..jika terima maknanya masih ok. jika tidak maknanya akan terus caj bankrupt. macamanapun, encik hadir je lah ke mahkamah nanti". and i did made the payment of 2k..the  cdm still accept it..

i went to the court...but tiada perbicaraan pun.. i was asked to enter an office there... hearing those officers bumbling like about 20-30minutes.. then 1 guy came to me saying -" takpe encik, encik dah diiaytihar bankrup. lepas ni encik tunggu surat dari insolvensi, mereka akan aturkan meeting dgn encik dlm tempoh 2 minggu dari sekarang."...
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answered on Dec 21, 2014 at 05:31
by   shah
during 1st meeting with JIM, i did announced what ever asset i have.

the officer adviced me to stop paying for my house rm930/mnth. i did tell her that the hong leong credittor did call me a few days back asking me to settle bayaran tertunggak...about 2k..the credittor told me that the bank already took legal action towards me and going to lelong if i did not make the payment and
prepare a post dated cheque of 2k for 12 mnths. JIM officer did advice me that altho i pay whatever being asked by the credittor, the bank will always lelong your house with or without your acknowlegment since they wanted to play safe to since you are now a bankruptcy. she advices me to move out from my  house as the process will take not more than 6 mnths..
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answered on Dec 21, 2014 at 05:53
by   Bladirunner
1/Can furnish date made bankrupt by the court?
2/If you can appeal against this bankruptcy, are you able to show proof that you are able to maintain repayments.
3/Letters from the bank, what sort of letters.? How long ago? Are there writ of Summons?
4/Any change of address? Was BR notified of any change of address. You should have been made Judgement Debtor first before bankruptcy proceedings. Did you file "notis Kehadiran" for the bankruptcy proceedings?

Urgent update requested..
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answered on Dec 21, 2014 at 06:08
by   Bladirunner
Something is not right somewhere, the OA told you that on 18/12/2014?

According to Bankruptcy Laws, the moment you are made a bankrupt, any assets of yours is "assign" to JIM/DGI, you are no longer the "owner". The bank cannot lelong the property.!!! How much owing on your housing loan?? Moreover you have reported in JIM. It makes no sense.!!

@ vkpc..
Sir.. your valuble opinion is urgently required here. TQ..
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answered on Dec 21, 2014 at 14:03
by   shah
hi @bladirunner

thank u for ur attention.
1/Can furnish date made bankrupt by the court?
in the letter from lawyer stated tarikh pendengaran pada 14 November 2014. but during that day no perbicaraan made. they asked me to go back and come back on the 16th..so perhaps i was made bankrupt on the 16th...

2/If you can appeal against this bankruptcy, are you able to show proof that you are able to maintain repayments.
yes..if sum up both loan repayments rm680+rm930= rm1610..it's 50% of my current salary.

3/Letters from the bank, what sort of letters.? How long ago? Are there writ of Summons?

latest letter (2/10/2014)- petisyen pemiutang

Kami mewakili BKRMB,Pemiutang Penghakiman di dlm tindakan di atas tn/pn adalah Penghutang Penghakiman.

Bersamasama ini kami lampirkan satu salinan bermeterai PETISYEN PEMIUTANG bertarikh 18/9/2014 sbg serahan kpd Tn selaku Penghutang Penghakiman.

AMBIL PERHATIAN bhw tarikh Pendengaran bg kes ini telah ditetapkan pd 14/11/2014 jam 9pagi di Mahkamah Tinggi Shah Alam........

AMBIL PERHATIAN bhw sekiranya Tn/Pn gagal hadir pd tarikh dan waktu tersebut, Perintah Penerimaan dan Perintah Penghukuman boleh dimasukkan terhadap Tn/Pn.

4/Any change of address? Was BR notified of any change of address. You should have been made Judgement Debtor first before bankruptcy proceedings. Did you file "notis Kehadiran" for the bankruptcy proceedings?

no..same address as always. what is judgement debtor? no...no judgement...terus bankruptcy proceeding..

maaf, i didnt know about notis kehadiran.. i just attend the court as date mentioned.

Urgent update requested..
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answered on Dec 21, 2014 at 17:58
by   shah
my bad i just get to know about this forum after being bankrupted.
i dun even know anything about law, notis kehadiran n what so ever.. i'm so naive..
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answered on Dec 21, 2014 at 21:50
by   jeff005
@shah..

JIM officer did advice me that altho i pay whatever being asked by the credittor, the bank will always lelong your house with or without your acknowlegment since they wanted to play safe to since you are now a bankruptcy. she advices me to move out from my house as the process will take not more than 6 mnths.

I am afraid this is true. I just learn about this moments ago.

Act 360
BANKRUPTCY ACT 1967

Section 8.(2)

Effect of receiving order
8. (1) On the making of a receiving order the Director General
of Insolvency shall be thereby constituted receiver of the property
of the debtor, and thereafter, except as directed by this Act, no
creditor to whom the debtor is indebted in respect of any debt
provable in bankruptcy shall have any remedy against the property
or person of the debtor in respect of the debt, or shall proceed with
or commence any action or other legal proceeding in respect of
such debt unless with the leave of the court and on such terms as
the court may impose.
(2) This section shall not affect the power of any secured creditor
to realize or otherwise deal with his security in the same manner
as he would have been entitled to realize or deal with it if this
section had not been passed—nor shall it operate to prejudice the
right of any person to receive any payment under or by virtue of
section 31 of the Employment Act 1955 [Act 265] of the States
of *Peninsular Malaysia or any corresponding provisions in Sabah
and Sarawak.
(2A) Notwithstanding subsection (2), no secured creditor shall
be entitled to any interest in respect of his debt after the making
of a receiving order if he does not realize his security within six
months from the date of the receiving order
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