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bankrupt

New Messagebankrupt (modified 0 times) kenneth
what happen to his wife or children If the person bankruped?
14 Oct, 2002 21:36:49

New MessageRE:bankrupt (modified 0 times) Easy
Answer:ALL DIE!!!!!!!!!!
28 Nov, 2004 04:17:11

New MessageRE:bankrupt (modified 0 times) Ah Seng888
Easy why you not sell your beckside? people ask a civilzied question about some help for the bankrupt and his families why you said the stupidst things? you are idiot. Stupid.
29 Nov, 2004 21:37:08

New MessageRE:bankrupt (modified 0 times) Micheal
Ah Seng888,at least you hv some senses here.Alright, now when a person goes bankrupt,
all his or hers personal assets are surrender to a official assignee(OA) to do or assist the person's affairs.
That means all monies (in coming or out going) of the banrupt is controlled by AO and his or hers passport is impounded for 5 yrs.After the 5 yrs period,you will be free from all creditors and you will be a free person again.Bank will hv to absorb this loses as they lend out too easily because they think the dotted line on 'Personal Gurrantor' are signed on every pages of the application forms.
But need not to worry much as a bankrupt is a personal individual matter and is not a interconnected even to the closest family.That means if u r bankrupt ,that doesn't mean yr wife or yr children can't leave the country to further their studies or yr wife can't work overseas.It's a different from a case of the loan sharks-where your family are at risk .
So you should not be too much of a worry.There are laws preventing abuses.
01 Dec, 2004 07:20:37

New MessageRE:bankrupt (modified 0 times) Etienne
Micheal,

My father give me a supplementary card for more than 5 years, due to some unforseen circumtances, my father lost his business and unable to pay back. These years I am financially independant, and I wish to apply for a credit card, but the bank said, I was summoned by High Court due to the above case.

What should I do?

16 Feb, 2005 17:08:01

New MessageRE:bankrupt (modified 0 times) manzsin
Etienne: I am not sure I know the solution for your problem.

Malaysia is rather commonly regarded as a common law country where implementation of the law is a problem.

A fair starting point is that you are not responsible for your father's unfortunate poor financial condition. Go through the credit card's terms and conditions to determine whether the supplementary card was issued where the principal cardholder and the supplementary cardholder were both joint liable for its usage. I suspect this is so. Even if my suspicion is right, you still would be available to justify by your age and your financial reliance on your father as your defences.

It is good to get evidence that the bank refusal of granting you a credit card was basing on your father's supplementary card matter in the past. In many common law countries, such refusal would be shot down promptly. These countries tend to have legislations like Bill of Right Act in protection of human rights; Ombusman Act to free and easy access to the public against the public and private sectors; Privacy Act that enable individual to get access to the information that organisation holding on the individual and the right to reply for the individual. The bank in providing a "public service" role is not allowed to make its discretion using irrelevant consideration [default in your father's credit card account would likely be fitted in].

In practical sense, I suppose you may bring your case to Bank Negara which is supervisory body on banking and also covering many financial services. The general point is to get your facts right. Having a letter from the card issuer stating the reason for their refusal is great, but not essential. You may put the facts to the card issuer and their failure in rebuttal may support your contention, on the balance of probability. After you have failed to settle the matter with the card issuer, then bring it up to Bank Negara. There seems to be some standard complaint forms available from the banks or Bank Negara website that would guide you in your complaint.

20 Mar, 2005 12:15:57

New MessageRE:bankrupt (modified 0 times) rwpk
to micheal, seem you have some knowledge about bankruptcy matter, would you please share more for us ? i am having the bankrupt problem(credit cards), i have problem with 7 different bank, this all done by my brother, but i am willing to take the responsibility for him, because i have only 1 brother in this life. my question is 1. after 5 years, are you sure that will be settled automatically ? 2. one of the bank i owe have been reached RM30K, lets said, he sue me on 2007, then, when 2012, i will be freeman, but what happened if another bank sue me in 2010 ?
11 Aug, 2007 19:12:48

New MessageRE:bankrupt (modified 0 times) Busybody
For rwpk: I just chip in without any intention to undermining Michael's good work.

I suppose the procedure calls for the bank to get a court order to establish your debt. Then you will be given the notice, under the law to settle the judgment sum. The bank can then take up bankruptcy action after you fail to settle your debt. All these take time, probably a few years.

Whether a bankrupt would be automatically discharged after 5 years, I am not sure. For your fear the banks bankrupting you again and again after your discharge, I believe your worry is unwarranted. The banks have a 6-year limitation to pursue their claims. It is highly unlikely the banks would waiting for 5 years to sue you. This means the bank may not sue you after 6 years on your debt.

22 Jan, 2008 23:44:19

New MessageRE:bankrupt (modified 0 times) sara
Just to share my view on this matter. i've been working in recovery section for quite sometime and based on my experience the bankrupt would only be discharged if they have settled their loan to the bank.
e.g Mr. A had been adjudged bankrupt and subsequently he has money to settle the loan (with certain waiver), he would have to inform the Insolvency Dept (ID) on his proposal. The ID would inform that bank (who has file in the Proof of Debt (POD)) on the Mr. A's proposal. If the bank agreed, then only the bankruptcy could be uplifted. On the upliftment process, it has to go through the court process where there would be a hearing fixed to hear the bankkrupt's proposal as well as the bank's decision.
I have cases where the person has been adjudged bankrupt in 1980++++++ and he recently proposed to the bank to uplift his bankruptcy status as he wanted to perform hajj. and we had agreed with his proposal and he had paid his debt accordingly.
In all the above cases, the bank would consider a waiver, however bear in mind, if there are many banks/creditors have filed in the POD, there would be a probability that some of the banks not in agree with the settlement sum and and therefore the bakruptcy could not be uplifted.
28 Feb, 2008 10:23:46


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