Home / Malaysia Bankruptcy Law / Business & Consumer Bankruptcy Law can I ignore the court hearing ?

can I ignore the court hearing ? (modified 0 times) Ah Moi If I ignore the court hearing, what is the result ? what is the meaning of "hukuman penerimaan" 05 Sep, 2008 15:14:32

RE: Can I ignore the court hearing? (modified 0 times) Jacky Ding Dear Ah Moi, U may ignore the court hearing depending on what the court judgement will do to u. "Hukuman penerimaan" - I do not know exactly in what context. Is it a "receiving order" for bankruptcy? If u do not attend, the court can make a "judgement in default". If u can accept the judgement, it is fine. If u know u are going to be a bankrupt anyway & anyhow & if u are preparing for it and knowing the court is going to bankrupt u, it may be no difference whether u attend or not. U must know what will happen to u if u attend or not attend the court case. In this way, you can best prepare yourself to face the challenges. I can't really help you to answer your question unless you give more details of your situation. Many people come to this forum and expect to get answer but the answerer(s) find it difficult to answer properly because of insufficient information given of their actual situations & how do we expect answerer(s) to give a good and appropriate answer. Please give us more detail information of your actual situation or case. 08 Sep, 2008 09:48:37

RE:can I ignore the court hearing ? (modified 0 times) Ah Moi Dear Jacky, thanks for your kind advice, what I means is "penerintah penerima" which publish in star newspaper. I owed more than 100k credit card & personal loan & a car loan too and can't afford to pay anymore ( no way to pay it also.)the bank started to call & remind me now, & scare they will come & look for me. What is the next step bank will take against me? If finally they sue me & call for court hearing, can I ignore it since no way to deal with this large amount of debts. If i absent from court hearing will I be arrested ? 08 Sep, 2008 15:04:05

RE: Can I ignore the court hearing ? (modified 0 times) Jacky Ding Dear Ah Moi, "Pemerintah Penerima" is the "Receiving Order" to make one a bankrupt if it is regarding debt more than RM30,000. Pls look at the process flow below. Your creditors(banks) can chase you for the money but they cannot harass, threathen or send gangsters to beat you up. If they do, file a report to the police & write a letter of complaint to the Bank Negara. Your residence is your private home, you have a right not to allow people to visit you unless they come to deliver letters by hands. You can chose not to answer repeated calls from bank(s) when you already made your stand that you are unable to pay your debt(s) even if the bank offers an easy payment scheme. If you avoid attending the court with a debt amount more than RM30,000, the court may make a "judgement in default" like executing a judgement to make you a bankrupt. Thereafter, the court would serve a "bankruptcy notice" on you. Normally, the court do not issue an "arrest warrant" on you for the first time not attending court. The court either would postpone it or make a "judgement in default" in your absence. Once you are made a bankrupt, the banks(s) have no right to chase you for payment anymore. The banks need to deal with all bankrupts through a regulating body called "Jabatan Insolvensi Malaysia"(JIM) which acts like a "trustee" to handle your bankruptcy. You will need to declare all your properties & assets to JIM. Once a bankrupt, you deal with JIM and no more with the bank(s). Bankruptcy is a fresh start to begin one's life in a more matured way. Sometimes, good lessons can be learned from experiencing bankruptcy if there is no choice. By having a fresh start, we can start stablilising our financial life by practising good governance. Do not allow FEAR to control you as FEAR begets FEAR. Sometimes, FEAR means FALSE EVIDENCES APPEARING REAL! Cheers!!! Below is the process flow showing you what the bank(s) would normally do to their debtors: Bankruptcy Process Flow Letters of Demand sent (by bank's lawyer) | Summon served (to appear in court) | Judgment obtained | Execution of Judgment | Bankruptcy Notice served (personally or advertised on newspaper) | Bankruptcy Petition served | Receiving Order -> Bankrupt NOTE: For law accuracy, pls seek legal advice. 09 Sep, 2008 10:41:42

RE:can I ignore the court hearing ? (modified 0 times) Ah Moi Thank you for your helpful advices. It really help me a lot. What about my EPF, will it be affected too? If I cant withdraw my EPF when retirement, can my children (Beneficiary) withdraw it when I passed away ? Should they claim it thro JIM ? 20 Sep, 2008 16:40:36

A bankrupt's EPF money - what happens? (modified 0 times) Jack Ding Dear Ah Moi, Your questions answered below: What about my EPF, will it be affected too? No, EPF money is NOT affected by bankruptcy. EPF money under the law is for old age & creditors cannot claim this money. If I can't withdraw my EPF when retirement, can my children(beneficiary) withdraw it when I passed away? Yes, your beneficiary has the right to withdraw. A bankrupt person(without bank account) at age 55 can authorize EPF with a letter for arranging the EPF money to be deposited into the bankrupt's spouse or children or next-of-kin's bank account. 17 Oct, 2008 12:36:32

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