Home / Malaysia Bankruptcy Law / Business & Consumer Bankruptcy Law How to fight creditor's petition

How to fight creditor's petition (modified 0 times) sharron Dear vkpc, 1818 or notalawyer, I have been served with a creditor's petition to make me a bankrupt. My hearing is on 4th July. What is the best way to fight it? Please help me. 06 Jun, 2011 17:10:18

RE:How to fight creditor's petition (modified 0 times) 1818 @sharron, Have you bought William Chan's book yet? 06 Jun, 2011 17:48:00

RE:How to fight creditor's petition (modified 0 times) sharron 1818, Thank you for replying. I ordered the book from Borders already. They said they will transfer from another store in one weeks time. Can you help me? What can I do to delay bankruptcy? 06 Jun, 2011 20:21:21

RE:How to fight creditor's petition (modified 0 times) 1818 @Sharron, Below is a thread I saved from this forum sometime back, if I am not mistaken, it is from notalawyer, I hope it can be of some help to you... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Creditor's Petition Hearing 1. If you do not attend court, you will 100% become a bankrupt on that day. 2. If you attend court but did not file any written objections to Creditor's Petition, 70% chance you will be declared a bankrupt unless the bank lawyer asks for a postponement. (They won't ask for postponement unless $$$ is paid before hearing date.) 3. If you file a Notis Niat Membantah Petisyen Pemiutang (Notice of Intention to Oppose Petition) together with a reply affidavit at least 4 days before the hearing, you definitely will not become a bankrupt on the hearing day and can buy a few more months to find holes to fight the bankruptcy. The creditor's petition must be titled "Petisyen Pemiutang" and must also come with an affidavit. We need to know what is written in the petition. It is very important. If you do not have the petition, call up the law firm and ask them to fax over the petition and affidavit. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hope notalawyer could help you with the affidavit, I have not reach this stage yet, hopefully won't. 06 Jun, 2011 21:32:48

RE:How to fight creditor's petition (modified 0 times) sharron Hi 1818, The creditor's petition stated that the Notice of Bankruptcy was sent to me by personal service. (penyampaian kediri) But I did not receive the Notice of Bankruptcy. Can I use this to fight the petition? 07 Jun, 2011 10:20:01

RE:How to fight creditor's petition (modified 0 times) 1818 @sharron, Sorry, I don't have the answer to your question, I have not reached that stage. I hope notalawyer could shed some light on your issue. If not, as a last resort, you may want to consider seeking advice at a Jabatan Bantuan Guaman branch in your city/town, cost only RM2 for a legal consultation from a real lawyer. Hope you find a good lawyer there, I am sure some are more helpful than others, mine in JB was pretty good, he also recommended me to read William Chan's book to help delay my cases. All the best to you, sharron! 07 Jun, 2011 18:30:05

RE:How to fight creditor's petition (modified 0 times) notalawyer Dear Sharron, Based on what you have posted, you have a 50% chance of defeating the Creditor's Petition. Please prepare the Notis Niat Membantah Petisyen Pemiutang and also your affidavit as soon as possible and post it here for us to check. Both of these documents have to be filed and sent at least 4 days before the Petition Hearing. 08 Jun, 2011 11:30:16

RE:How to fight creditor's petition (modified 0 times) sharron Hi notalawyer, Thank you for spending your time precious time on me. I don't want to be a bankrupt, but I have no idea how the prepare the Notis and Affidavit. Can you help me out with a sample? Thanks a million. 08 Jun, 2011 16:16:17

RE:How to fight creditor's petition (modified 0 times) notalawyer Here is a sample of the Notice of Intention to Oppose Creditor's Petition Please format it nicely as according to William Chan's book. Dalam Mahkamah Tinggi di Shah Alam Dalam Negeri Selangor Darul Ehsan, Malaysia DALAM PERKARA KEBANKRAPAN NO: XX-XXXX-XXXX <YOUR NAME> ( IC No. : ) ........................ Penghutang Penghakiman ABC Bank Berhad (Company No) ......................... Pemiutang Penghakiman NOTIS NIAT MEMBANGKANG PETISYEN PEMIUTANG Saya, <YOUR NAME>, Penghutang Penghakiman di atas, adalah dengan ini memberi notis kepada kamu bahawa saya bercadang hendak membangkang terhadap petisyen pemiutang dan saya mempertikaikan perbuatan kebankrapan telah berlaku. Bertarikh pada DD Month, 2011. .................................. <Your Name> Penghutang Penghakiman Kepada : 1. Pendaftar, Mahkamah Tinggi Shah Alam 2. Tetuan <Bank Law Firm name> <Address> No. Ruj. XXXXXXX Notis ini di failkan oleh Penghutang Penghakiman yang beralamat di <Your Name> <Address> Tel : Fax : 09 Jun, 2011 14:24:50

RE:How to fight creditor's petition (modified 0 times) sharron Thank you, thank you notalawyer! By the way, what does "perbuatan kebankrapan" means? How about the affidavit to oppose the petition? Any samples please? 10 Jun, 2011 10:07:48

RE:How to fight creditor's petition (modified 0 times) notalawyer Perbuatan Kebankrapan means Act of Bankruptcy. Here you deny that you have committed any acts of bankruptcy because you have not received any Notice of Bankruptcy. If you have not done any "Perbuatan Kebankrapan", you cannot be made a bankrupt and the High Court will have no choice but to dismiss the creditor's petition with costs. This is law. I will prepare a sample affidavit for you tomorrow. 10 Jun, 2011 15:47:56

RE:How to fight creditor's petition (modified 0 times) notalawyer Here is the sample affidavit to fight the Creditor's Petition as promised. You need a third document, which is the Summons in Chambers to complete the battle. Dalam Mahkamah Tinggi di Shah Alam Dalam Negeri Selangor Darul Ehsan, Malaysia DALAM PERKARA KEBANKRAPAN NO: XX-XXXX-XXXX <Your Name> ( IC No. ) ....................... Penghutang Penghakiman ABC Bank Berhad( Company No.) ....................... Pemiutang Penghakiman AFIDAVIT BANTAHAN (menentang Petisyen Pemiutang) Saya, <Your Name> (No. K/P: xxxx-xx-xxxx) adalah seorang warganegara Malaysia yang cukup umur dan beralamat di <your address> dengan sesungguhnya berikrar dan menyatakan seperti berikut :- 1. Semua fakta-fakta yang dinyatakan disini adalah berdasarkan pengetahuan peribadi saya. 2. Saya mengikrarkan afidavit ini untuk menentang Petisyen Pemiutang yang difailkan oleh Pemiutang Penghakiman pada DD Month 2011. 3. Perenggan (4) Petisyen Pemiutang dinafikan dan saya menyatakan disini bahawa saya tidak pernah diserahkan Notis Kebankrapan dan tidak pernah melakukan apa-apa Perbuatan Kebankrapan. Saya meletakkan beban bukti kukuh kepada kebenaran pernyataan perenggan (4) tersebut. 4. Petisyen Pemiutang diatas tidak memenuhi syarat-syarat Seksyen 5. (1) (c) dan Seksyen 6.(2).(b) Akta Kebankrapan 1967 dan dengan demikian mestilah ditolak dengan kos. 5. Penghutang Penghakiman meminta kos RM 2,000 (dua ribu ringgit) sebagai pampasan kos “getting up” dan penyelidikan, kos-kos perjalanan dan kos failing dari Mahkamah yang Mulia ini. Berkenaan dengan Afidavit oleh Deponen ) yang bernama <YOUR NAME> ) yang diikrarkan di <town> ) pada 2011 ) Di hadapan saya, ............................ Pesuruhhaya Sumpah Afidavit ini difailkan oleh Penghutang Penghakiman yang beralamat di <Your Name> <Address> Tel : Fax : 14 Jun, 2011 08:28:13

RE:How to fight creditor's petition (modified 0 times) notalawyer This is the sample of Summons in Chambers that is also required. For this summons, print 6 copies. File 4 copies. Good Luck. Dalam Mahkamah Tinggi di Shah Alam Dalam Negeri Selangor Darul Ehsan, Malaysia DALAM PERKARA KEBANKRAPAN NO: XX-XXXX-XXXX <YOUR NAME> ( IC NO. ) ......................... Penghutang Penghakiman ABC Bank Berhad (Company No.) ......................... Pemiutang Penghakiman SAMAN DALAM KAMAR (permohonan penghutang penghakiman untuk membatalkan petisyen pemiutang) Benarkan semua pihak yang berkenaan hadir di hadapan Hakim dalam Kamar pada hari ....................................................... 2011, pukul ............................. pagi mendengarkan permohonan di pihak Penghutang Penghakiman untuk perintah membatalkan Petisyen Pemiutang. Alasan-alasan membuat permohonan adalah seperti berikut :- 1. Penghutang Penghakiman tidak pernah melakukan sebarang perbuatan kebankrapan. 2. Alasan-alasan lain seperti yang dinyatakan di dalam Afidavit Membantah Petisyen Pemiutang. Dengan rendah diri, Penghutang Penghakiman memohon supaya permohonan ini dibenarkan dengan kos RM 1,000. ........................... Pendaftar Mahkamah Tinggi Shah Alam Saman ini di ambil oleh Penghutang Penghakiman yang beralamat di <Your Name> <Address> Tel : Fax : Salinan kepada Pemiutang Penghakiman: Tetuan <Bank law firm name> <Address> No. Ruj: 15 Jun, 2011 08:05:07

RE:How to fight creditor's petition (modified 0 times) sharron notlawyer, No words can thank you enough! I will prepare the 3 documents and file them as soon as possible. 15 Jun, 2011 10:02:13

RE:How to fight creditor's petition (modified 0 times) sharron Hi notalawyer, I have filed the 3 documents and also have mailed the copies to bank law firm. What's next? Will I become a bankrupt on 4th July? 17 Jun, 2011 17:44:23

RE:How to fight creditor's petition (modified 0 times) notalawyer Will I become a bankrupt on 4th July? No. You will definitely not become a bankrupt on 4th July if you say the right things because all the documents are in order now. On 4th July, when you attend the hearing in front of the Senior Assistant Registrar, let him or her know that you have filed your Notis Niat, Affidavit and Summons in Chambers to strike out (membatalkan) the summons. The SAR will have no choice then but to set another date for hearing for your summons to batal the petisyen. The SAR will probably ask you to prepare and file either Written Submission (arguments) or Skeleton Submission for oral submission on that day. I think you should request for oral submission. 18 Jun, 2011 14:15:34

RE:How to fight creditor's petition (modified 0 times) sharron get a lawyer for that money and get some valuable advice instead. @amarmekber, Do you mean if I hire a lawyer to fight the petition he will charge me only RM15? @notlawyer, That is a relief. I have now accepted bankruptcy as a possibility in my life. I just need a few more months to get the cash from the sale of my house. Your strategies will buy me the time needed. Thank you again. 19 Jun, 2011 20:06:52

RE:How to fight creditor's petition (modified 0 times) sharron Dear Notalawyer, Sorry more questions for my petition hearing day. 1. What if bank lawyer says that they have also advertised the Notice of Bankruptcy in newspaper? Will my summons in chambers fail then? 2. What is the difference between a Notice of Application and a Summons in Chambers? 3. What if the SAR say my summons in chambers does not make sense and throws it out? 4. What's next if I fail to strike out the petition. How to buy more time? Thanks, I owe you my life. 20 Jun, 2011 14:36:14

RE:How to fight creditor's petition (modified 0 times) notalawyer 1. What if bank lawyer says that they have also advertised the Notice of Bankruptcy in newspaper? Will my summons in chambers fail then? If the Creditor's Petition mentioned personal service, then they have to prove the Notice of Bankruptcy was personally served on you. They cannot turn around and say something that was not stated in the petition. 2. What is the difference between a Notice of Application and a Summons in Chambers? Notice of Application is used in the Sub Courts (Sessions and Magistrate) whereas Summons in Chambers is used in High Court and above. They are both the same (application to court). The reason why they have different names is for normal people to get confused so lawyers can make some money. 3. What if the SAR say my summons in chambers does not make sense and throws it out? All applications or summons must be heard no matter how silly or stupid it is. This is the basic tenet of all courts. No application or summons can be made to disappear without going through the proper hearing procedure and a formal decision recorded. If the SAR tries to push aside your summons in chambers without hearing, you must insist by telling him that Tuan, setiap permohonan mesti didengar and keputusan dimasukkan. Permohonan tidak boleh dihilangkan begitu sahaja. 4. What's next if I fail to strike out the petition. How to buy more time? If you fail at the SAR, you can Appeal to Judge in Chambers against the SAR's decision. Only RM20 for appeal. This will buy you another 2-3 months. 21 Jun, 2011 06:45:42

RE:How to fight creditor's petition (modified 0 times) sharron Dear NotALawyer, You make it all sound so easy. I feel more confident to face the petition now. Thanks. More questions, sorry. If I fail to set aside the petition and then appeal to the judge in chambers, will the bank try to push ahead with the petition hearing and make me a bankrupt before the appeal is heard? What can I do to prevent this? 22 Jun, 2011 13:45:24

RE:How to fight creditor's petition (modified 0 times) notalawyer When you appeal to the judge in chambers, your bankruptcy file will be kept by the High Court judge's personal assistant. When this happens, the file cannot be accessed by the SAR, so normally 80% of the time, the SAR will keep postponing the Creditor's Petition hearing until your file comes back. However, some crazy SARs may try to press ahead with the CP hearing even without the physical file. (20% chance). To eliminate this from happening, you can apply for a stay of bankruptcy proceedings pending the disposal of all related appeals via another summons in chambers supported by an affidavit. It will help greatly if your case is unusual. This will buy you another 2 months or so. 23 Jun, 2011 11:17:15

RE:How to fight creditor's petition (modified 0 times) sharron Hi notalawyer, The bank has filed another Afidavit Penyampaian by the dispatch boy saying that he met me but I refused to sign the Notice of Bankruptcy. This is totally not true! How now? Will it be a problem to set aside the petition now? 24 Jun, 2011 15:37:19

RE:How to fight creditor's petition (modified 0 times) notalawyer I did tell you that your chances of striking out the petition is only 50% right? So now it is your word against the office boy's word. Whose word is stronger? In such a case, the SAR or judge may try to read your facial expression or body language to determine whether you are lying or not. When you speak, you must speak in such a confident but not arrogant manner so the judge/SAR will not think that you are lying. On 4th July, argue by telling the judge/SAR that 1. the dispatch boy's affidavit does not by itself overcome your affidavit (show the SAR your degree) 2. the burden of proof that an act of bankruptcy has been committed lies on the shoulders of the petitioner (the bank) and they have failed. 3. ask whether the "afidavit penyampaian" by an office boy is a sufficient "standard of proof" when opposed by your affidavit. 4. in bankruptcy cases, if there exists some doubt, the party likely to be "most affected" (which is you) must be given an advantage. There are case-laws on this. 5. if your application to strike is not allowed, it will set a new precedent to obsolete "substituted service by newspaper ad" as all creditors can then just use an affidavit by an office boy/girl. Good Luck. 26 Jun, 2011 18:21:20

RE:How to fight creditor's petition (modified 0 times) sharron notalawyer, Your argument points are fantastic! You truly are a legal genius! I know that the SARs may be a little biased against me, but with the strong points you gave, it gives me more confidence to go all the way to the Federal Court if necessary. Thank you for giving me hope. 27 Jun, 2011 11:16:41

RE:How to fight creditor's petition (modified 0 times) Mr. How This is a killer thread. Before this, nobody except some lawyers know how to properly oppose a Creditor's Petition. Now it is public knowledge. Thank you notalawyer for lighting up the pathway! Bank lawyers will be in for a good surprise now. Good luck and god bless sharron. 28 Jun, 2011 12:14:56

RE:How to fight creditor's petition (modified 0 times) takethemon Sharron, May the Buddha give you strength today. 04 Jul, 2011 08:36:08

RE:How to fight creditor's petition (modified 0 times) sharron Hi everyone, I just got back from the court. It was quite an experience! Everything was conducted in a small room with the Penolong Kanan Pendaftar (a malay lady) in charge. At first bank lawyer tried to make me a bankrupt today, but I told the SAR of the 3 documents I filed. Then the bank lawyer tried to say they did not receive the documents, but luckily I had the Registered Mail stickers to show. The SAR asks the bank lawyer to get copies from me directly if they still haven't received the documents. She then set the next date on 16 Aug for striking out the petition and said that another SAR will handle my case. Is this normal? The bank lawyer seems to be very unhappy. Thank you notalawyer for all your tips! 04 Jul, 2011 11:46:14

RE:How to fight creditor's petition (modified 0 times) 1818 @sharron, What you've described sure sounds like a victorious day for you and indirectly for all of us who will likely be in a similar situation. I always love to see people like us kick the bank's and their lawyer's behind! Good for you and us! Do keep us updated on your fight. And may you emerge an even bigger victor come 16 August. 04 Jul, 2011 18:08:39

RE:How to fight creditor's petition (modified 0 times) notalawyer She then set the next date on 16 Aug for striking out the petition and said that another SAR will handle my case. Is this normal? Yes. In some courts, only one SAR is qualified to hear contested petitions. The other SARs are only good for rubber stamps. This shows the quality of today's judiciary. I told you, you will not become a bankrupt on 4th July. For the August date, it could be a case management mention only where you will be given a date to file your skeleton submission or written submission. Prepare it according to the argument points I have given earlier. 05 Jul, 2011 11:52:22

RE:How to fight creditor's petition (modified 0 times) Caledonian Hi! I need help. I've been served with creditor's petition yesterday. The hearing date is on 8th aug 2011. I intend to fight because i can still pay for the loan that i took, but not lump sum. Can someone get back to Me asap? Thanks. I can be reached at kheiril@me.com. Really appreciate if someone can help. Kheiril 27 Jul, 2011 13:03:27

RE:How to fight creditor's petition (modified 0 times) sharron What did the petition say? 27 Jul, 2011 13:53:49

RE:How to fight creditor's petition (modified 0 times) Caledonian the petition said that i've been served with bankruptcy thru substituted service, but they didn't say in which newspaper, just a date. how can i go about this? i'm really stuck... i only have a few days left... the petition date was sometime in june, but i only got it yesterday... please help! 28 Jul, 2011 00:24:31

RE:How to fight creditor's petition (modified 0 times) sharron Type out the petition words and post it here so we can understand it better. 28 Jul, 2011 00:55:13

RE:How to fight creditor's petition (modified 0 times) Caledonian Here's some of the things written: Petisyen Pemiutang Kami, Citibank ........... Memohon kepada mahkamah supaya perintah penerimaan dan penghukuman dibuat mengenai harta........ Yang tinggal di...... 1. Bahawa si penghutang tersebut adalah berdomisil dalam Persekutuan atau mana2 negeri........ 2. Bahawa .... Sesungguhnya dan sebenarnya berhutang wang kepada kami sebanyak semuanya......... menurut Penghakiman yang diperolehi oleh kami terhadap si penghutang tersebut melalui tindakan saman no ......... Dalam Mahkamah Sesyen di Kuala Lumpur bertarikh ...... 3. Bahawa kami tidak dan juga mana2 org bagi pihak kami tidak ada memegang apa2 cagaran atas hartasi penghutang ........ 4.Bahawa dalam masa enam bulan sebelum tarikh penyerahan Petisyen ini, ........ Tersebut telah melakukan perbuatan2 kebankrapan yang berikut iaitu:- Bahawa si penghutang tersebut telah gagal mematuhi peruntukan2 yang dinyatakan di dalam notis kebankrapan bertarikh 12/01/2011 yang telah disampaikan kepada si penghutang dengan cara penyampaian ganti pada 25/04/2010 di mana penyampaian tersebut menjadi sempurna pada 10/05/2010 dan yang demikian penghutang Penghakiman tersebut telah melakukan perbuatan kebankrapan pada 18/05/2010. 28 Jul, 2011 11:34:58

RE:How to fight creditor's petition (modified 0 times) Caledonian Profile Is it normal for The date of The notis is much later then The tarikh penyampaian? Or The tarikh penyampaian shoud be later than the notis? 28 Jul, 2011 12:21:14

RE:How to fight creditor's petition (modified 0 times) notalawyer What was the Petition dated and was it extended by the court? This is because the Petition cannot be later than 6 months after 18/5/2010. Is there an accompanying affidavit? Post the affidavit here. 28 Jul, 2011 14:21:38

RE:How to fight creditor's petition (modified 0 times) Caledonian Profile As i posted earlier, the petition said that the Notis Kebankrapan bertarikh 12/01/2011. Penyampaian ganti was at 25/04/2010 and becomes sempurna on 10/05/2010. Penghutang penghakiman committed bankruptcy on 18/05/2010. The petition was submitted to the court on 23/06/2011 and the hearing is on 08/08/2011. It was also signed on the same day, 23/06/2011 by the Penolong Kanan Pendaftar and Pemba tu tadbir. As for the affidavit: Affidavit mengenai kebenaran pernyataan pernyataan dalam petisyen. Saya, xxxxxx seorang warganegara yang cukup umur....... Mengikrar bagi .....dalam permohonan yang dilampirkan bersama ini mengaku dan menyatakan..... 1. Bahawa saya adalah perngurus litigasi di syarikat pemiutang Penghakiman yang dinamakan di atas dan telah diberi kuasa di basah meterai utk mengikrarkan afidavit dan mengemukakan petisyen tersebut. 2. Bahawa kesemua pernyataan2 di dalam petisyen tersebut adalah betul dalam pengetahuan saya. Signed, And dated 21/06/2011 I'm still confused... Which one should come out First? As stated, The notis kebankrapan dated 21/01/2011, but in The petiton said that penyampaian ganti was dated 25/04/2010. Aren't they supposed to get The notice First, then try to serve The notice by Personal service or substitute service? What should i do now? 28 Jul, 2011 14:41:28

RE:How to fight creditor's petition (modified 0 times) sharron Have you bought William Chan's book from MPH? 28 Jul, 2011 16:52:30

RE:How to fight creditor's petition (modified 0 times) Caledonian Cqn someone give Me more info? I only have a few days left. And still dont really sure what to do.... 29 Jul, 2011 17:11:23

RE:How to fight creditor's petition (modified 0 times) sharron Hi notalawyer, After taking your advice and William Chan's book I was finally made a bankrupt after 6 months of delaying. I want to thank you and everybody in this god gifted forum for all the help and support. Btw, I still need a few more months to collect payment from the sale of my house. Is there a way a bankrupt can still fight on? 25 Jan, 2012 15:07:33

RE:How to fight creditor's petition (modified 0 times) natalie Profile | Email sharron, to buy times u should appeal. actually, there r several application whc u can apply prior to the CP hearing (in order to drag d matter). juz to buy time. also, to defenc u should dispute abot d culculation of d BN. u can raise an issue bot service of BN/CP whc is not properly done, but once there is disputes bot culculation..n u can convinc d court that the culculation is actually wrong even for 1 single cent, u can set aside d BN/CP...at this stage u can not create a new issue BUT juz to repeat wuteva issues u hv raised up b4.. regards, natalie 25 Jan, 2012 15:49:09

RE:How to fight creditor's petition (modified 0 times) notalawyer Did you appeal to Judge In Chambers? If yes, what did the judge say? 25 Jan, 2012 17:42:59

RE:How to fight creditor's petition (modified 0 times) sharron Yes, I did appeal to the high court judge in chambers, but after thinking for a few weeks, he said that there is a high court rule that allows "personal service by affidavit" if the receipient refuses to accept service. I told him that the courier person's affidavit does not overcome my denial affidavit and such like u advised earlier, but finally with much difficulty, he had to choose one decision and he chose to dismiss my appeal in chambers. I heard that a bankrupt cannot sue or take any court action, so can I still appeal to Court of Appeal Putrajaya? In the meantime, how can I delay the freezing of my bank accounts? It is still not frozen yet. 26 Jan, 2012 10:02:26

RE:How to fight creditor's petition (modified 0 times) notalawyer A bankrupt cannot sue or apply to court without permission from JIM, but he/she can do anything to fight the bankruptcy even after he/she has become a bankrupt without permission. Most people stop fighting after they become bankrupt because they can't pay their lawyers. But since you don't use lawyers, you can still continue to fight for many-many years. After you have been adjudicated, the bank lawyer still need to set another meeting to with the SAR and a JIM officer to inform JIM of your bankruptcy. Then JIM will send letters to all banks, then only your accounts will get frozen. This process may take 2-4 months. My advice to you is to keep all your Joint Accounts active by banking in and withdrawing small amounts every week. Joint Accounts from banks like Std Chd, HSBC, BangkokBank and BSN are known to be somewhat immune to freezing. If you don't have Joints Accounts, go open one now. You CAN and should Appeal to the Court Of Appeal, Putrajaya against the AO and RO. Read 1818's thread on how to do the Notice of Appeal and Record of Appeal. The Notice of Appeal needs to be filed within 2 months, but the earlier the better. For Court or Appeal, you also need a Memorandum of Appeal ( another document ) added to the Record of Appeal. Meanwhile, if you really need more than 2 months to collect the cash, you can file another Saman Dalam Kamar at the High Court to apply for a Stay of AORO while pending your appeal. 26 Jan, 2012 13:17:26

RE:How to fight creditor's petition (modified 0 times) notalawyer The High Court Judge is wrong when he applied a the rule from the rules book. That rule is for summons and other usual documents, but not for Notice of Bankruptcy. If a person can be made a bankrupt just by using an office boy's affidavit of service, then it would make Substituted Service redundant as all law firms will then use affidavit of service instead to save money. To win this case and annul your bankruptcy, you may need to take this appeal all the way to the Federal Court. The High Court Judge took the easy way out hoping that is the end of it, but because his decision is fundamentally flawed, that decision cannot stand the scrutiny test all the way to the Federal Court. If the Federal Court still let the bank win, it will open the floodgates to all law firms to save money, no need to advertise for substituted service because your case will become a case-law for decades to come. This is the poker game we play with the biased judges. 26 Jan, 2012 13:31:50

RE:How to fight creditor's petition (modified 0 times) sharron You mean even after I become a bankrupt, I can still apply to "stay" the bankruptcy? Thanks for the many tips, I will do as you advise. I have read 1818's sample Record of Appeal. Do I change the title Mahkamah Tinggi to Mahkamah Rayuan? What is a Memorandum of Appeal and how does it look like? Any samples? thanx a lot. 27 Jan, 2012 08:42:02

RE:How to fight creditor's petition (modified 0 times) @Azain hi. I'm new in this matter.. just want to ask, which is better..? opposing a creditors petition or setting it aside..? what is the rules or section with regards to the matter..? please reply asap... thank you. 19 Mar, 2012 09:43:57

RE:How to fight creditor's petition (modified 0 times) natalie Profile | Email Both based on ur ground of setting aside/ opposing. If u got merit better oppos. Technicality go for settg aside regards, natalie 19 Mar, 2012 10:06:03

RE:How to fight creditor's petition (modified 0 times) @Azain i see.. then, do we have any provision regarding the matter..? 19 Mar, 2012 10:15:10

RE:How to fight creditor's petition (modified 0 times) notalawyer opposing a creditors petition or setting it aside..? Because of the Rules of Bankrupcty, the only way to oppose a Creditor's Petition is to apply to set it aside. So, both are the same. 20 Mar, 2012 10:31:15

RE:How to fight creditor's petition (modified 0 times) azri Profile | Email Hi friends... This is such an interesting thread. I would like to refer my case. I have a hearing on 3rd Apr. My case - my car was stolen in 2009 and I claimed insurance. Insurance paid to the bank in 2009 and at that time I was told verbally by the officer that I don't have to worry about balance. After that, I went to work overseas and came back last year. Last week I received Creditors Petition about loan balance with Public Bank and I have appealed to the bank to pay in instalment of 300 per month but they rejected. What is the best action for me, either to continue my appeal to the bank or do the similar action taken by Sharon? Please advise. Thanks a lot. 26 Mar, 2012 09:32:18

RE:How to fight creditor's petition (modified 0 times) vkpc How much balance was left after the insurance paid the bank? 28 Mar, 2012 13:10:42

RE:How to fight creditor's petition (modified 0 times) azri Profile | Email Initial balance was 20k. My loan was 180k and insurance paid 160k. Now with interest, bank told me to pay 41k. But the petition stands at 35k. 29 Mar, 2012 08:31:52

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