Bankrupt in Malaysia

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asked on Dec 15, 2009 at 23:10
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I am a Singaporean making a trip to JB for meeting.  To my astonishment, I was not allow into Malaysia because I am a bankrupt in Malaysia.  I was totally shocked.  After making a few calls to Jabatan Insolvensi, I found out that my ex company that I used to work which have a factory in JB was closed down and that the company did not pay the EPF.  I am unable to locate my ex boss.  I left the company in the year 2000 and the bankruptcy was issue in 2005.

Jabatan Insolvensi has asked me to go down to their JB branch to explain the whole situation.

Do you think they will discharge me? 

I will never know this problem if I have not driven in to JB yesterday.

Look forward to your advise.
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5 Answers
answered on Dec 16, 2009 at 16:57
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Do you think they will discharge me?

Sure no lah, stupid.   Only the High Court has the power to discharge you now.
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answered on Dec 16, 2009 at 20:05
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Then do you think I should go meet them?

Is there anyway out?
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answered on Dec 16, 2009 at 21:51
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You can

1.  Stay in Singapore and don't come to Malaysia, or
2.  Apply to High Court to set aside the bankruptcy
(with good reason like you were no longer a director when the company stole staff EPF contributions)
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answered on Dec 17, 2009 at 01:13
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Dear Dangel,

I need your clarification:

(1) You said you are unable to locate your ex-boss, do you mean you were an employee
at your ex-company? If so, there is no reason - just because you didn't contribute to EPF
as an employee, you were made a bankrupt? If what I understand you correctly, why should
you be penalized, in fact your ex-boss should be hauled up by EPF enforcement and make
your ex-boss a bankrupt and not employee like you. In your post, you did not say you
were the director of your ex-company. You mentioned you are looking for your ex-boss.

(2) If what I said above is correct, then the possible cause for you not able to enter the
country could be you did not clear up your income tax.

notalawyer,

Do you think bodies like the Income Tax Dept or EPF can sue people for bankruptcy?
I know of someone owing income tax amounting to more RM200k but he is never sued by
the Tax Dept except he is only barred by the dept to travel overseas. Pls advise. Thks.
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answered on Dec 17, 2009 at 03:13
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Do you think bodies like the Income Tax Dept or EPF can sue people for bankruptcy?  Why not?  It is common.

I know of someone owing income tax amounting to more RM200k but he is never sued by
the Tax Dept except he is only barred by the dept to travel overseas.

If you get a saman for illegal parking near a bank, you cannot complain
"Got so many other cars also illegal parking why you only saman my car?"

Dangel was clearly a director. He didn't say also I know.  No need to ask.
Directors also have bosses.
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