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Retrieving items in Safe Box (modified 0 times) jamesocw hi, i am feeling so confuses with things pushing around us. My claiming of my father's items deposited in a Safe Box in one of a Bank. This Safe Box was freezed about 7 years ago due to my father's bankcruptcy. However, this Safe Box is registered with my father and mother name.After my father had pass away, we requested to open up the Safe Box and retreive the items inside, but the instructions was not clear. We were told to apply for a court letter for the claim of the items and to declared all the items in the box which we could remember in which those items were left out will be confiscated. Although we have recived the court letter but we are not sure what are the items resided in the Safe Box. We are afraid that anythings left out in the item list. We have been going for lawyer for consultant, asking friends, and been to court, but noone seem to taking it seriously and keep pushing things here and there, especially the bank committee. Questions; 1. Does this situation apply to a common law which were complied to all banks in malaysia. 2. Who have the final say? the Government or the Bank Committee? If the Bank Committee have the final say, then i shouldnt have waste time apporaching the government sector. 3. Is there a Blank and White on the proceedure on this situtation to follow? Please advice...Thanks a lot in advance... [;> Cheers.. 18 Oct, 2007 14:00:22

RE:Retrieving items in Safe Box (modified 0 times) Busybody I take your posting as a general description of the matter. I ignore the contradictions and presumptions made. It is not easy for one to distinguish the fact from fiction. Let recap your matter: 1. Your parents opened a bank safety box. 2. The box was "frozen" for the past 7 years after your father passed away as an undischarged bankrupt. 3. Your mother was apparently required to get a court order to empty its content. 4. She got the court order but apparently yet to open the box fearing any content she had not listed will be "confiscated" apparently for settling your father's debt. 5. She has not got any lawyer seriously wanted to help her. I see the focus is on those items not listed by your mother will be "confiscated" by unspecified party. I find hard to believe so basing on common sense. The obvious contention is the Official Assignee ("OA") whom oversee the financial assets of the bankrupt. Seizing assets not belonging to the bankrupt is beyond its jurisdiction. OA has the burden of proof. Anything not listed by the mother will be "confiscated", apparently by OA is an absurd. Do your IC, school certificates etc not listed but found in the box belonged to the bankrupt? Perhaps you should ascertain the facts: 1. On what authority the bank frozen the box? Evidence is important. 2. Where did you get the idea any items not listed will be confiscated? If this matter is important, get it done by your lawyer. He would have the privilege to go through the evidence and facts to advise on the course of action. Relying on others of uncertain credential without understanding the full facts may not work to your mother's best advantage. 22 Jan, 2008 23:24:10

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