wow dario...very good legal advice....are you a lawyer in practice?
Lawyers Corner, A one-stop centre on lawyers and queries
Lawyers Corner, A one-stop centre on lawyers and queries
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Jan 25 2011, 10:27 AM
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
wow dario...very good legal advice....are you a lawyer in practice?
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Jan 25 2011, 10:39 AM
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
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Jan 25 2011, 11:44 AM
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
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Jan 25 2011, 01:37 PM
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
QUOTE(dariofoo @ Jan 25 2011, 12:24 PM) Dear friends, take care to u too and happy cny.....gong xi facaiI will be shooting off for an outstation trip to JB until thursday. Going home now to pack up. Tsuyoshi, shall be posting a detailed reply to your interesting query by friday or saturday. All other new queries will be answered hopefully by the weekend. Take care, all! |
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Jan 27 2011, 09:54 AM
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#5
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
QUOTE(Neoz @ Jan 27 2011, 09:05 AM) Dear Mr Lawyer (whoever our fren here who can help me with the advise you only pay the pro-rata payment. means the time you occupying the place only. other than that you can demand the seller to pay. you can search a clause in the SPA (APPORTIONMENT OF LAWFUL OUTGOINGS) which states the portion that you have to pay and the portion that the previous Vendor has to pay.I bought a house last year and almost settle everything, now the seller lawyer called me up asking me for a copy of assessment receipt and when i provided, there's an outstanding amount (the owner didn't pay for dunno how many years). The lawyer asking me to pay for the amount, for at least the amount since i rent the house (whole year of 2010). Isn't the owner of the house need to pay for the fee? Thanks in advance. correct me if am wrong my fellor friends. |
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Jan 27 2011, 11:19 AM
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#6
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
QUOTE(g00glesYYl @ Jan 27 2011, 11:17 AM) If there any difficulties, if the owener is planning to migrate during the process of transfering ownership, like snp? then you ask your lawyer to write to the seller lawyer to retain sufficient sum to pay the amount of assessment, quit rent, water and electricity bills, indah water, maintenance charges etc etc.....cos thats what they should pay....I affraid if any outstanding amt, i have to paid but indeed seller should paid - in case we cant find him. |
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Jan 28 2011, 12:22 PM
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#7
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
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Feb 8 2011, 04:43 PM
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#8
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
Sifu, I have one question, not so good about this Banking law.
Okay, I have a friend which owing the Bank big sum of money for the usage of credit cards and personal guarantor for few business loans. his business ran into failure and now he no longer can afford to pay all that. He's planning to transfer all the properties that registered under his name to his children under equal shares (by love and affection). This can be done in 3 months time and by the time the Bank gets the bankruptcy notice, the properties have already been successfully transfer. Now my question, can the Bank still demands from the children to pay and if the children cant pay the Bank can have its hand on the properties (the properties that have been transferred by love and affection with no consideration)? |
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Feb 8 2011, 05:44 PM
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#9
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
QUOTE(dariofoo @ Feb 8 2011, 05:25 PM) Bro, Thank you so much for replying... The act which your friend plan to do is a fraudulent transfer with the intent to defeat/delay his creditors. That amounts to what we call an 'act of bankruptcy'. Now, later when the creditors obtain a final court order against him for the sum due and owing, and to enforce it, they issue a bankruptcy notice (BN) against him, the doctrine of 'relating back' will apply. So let's say that he transfers the property on 01.01.2011. On 02.02.2011, the bank obtains a court order compelling him to pay, let's say, RM40K. He fails to do so and the bank issues a BN on 03.03.2011. Applying the doctrine, the bankruptcy would be deemed to have commenced on the date of the act of bankruptcy (01.01.2011), and not on 03.03.2011. So, the purported transfer to his children would be null and void as the general principle is that a bankrupt cannot dispose off his property on his own volition. The creditors would then have a field day with all the property. So tell him not to waste him time and effort, as the law will catch up him in no time. Advise him to go and see Agensi Kaunselling dan Pengurusan Kredit - AKPK Website: www.akpk.org.my Those fellows can REALLY help. They can negotiate with the banks, waive off the interest, arrange for another payment scheme, refinance,etc. I've referred quite a few there and reviews have been good. But remember to do it early as they will not help your friend once the creditors have started legal action against himĀ I know it has got no difference from cheating the Bank but he's just trying to safeguards all his properties from taken away by the Bank as all the people will find a way to get out from this. I'll advice him properly. Maybe selling to other people who he trusted and ask him to hold it on trust, cause if the Purchaser can show proof that he's a bona fide purchaser, the Bank cant do anything. Does this way work? Do so before the summons commenced. I know i'll give the impression that am doing all this to do fraud, but thats my friend, i must help with all i can. The sum is too huge, cant really help him, the only way is to find loopholes for him. Thats what all lawyers do, though am no lawyer. This post has been edited by Cannabis: Feb 8 2011, 05:50 PM |
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Feb 9 2011, 09:30 AM
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#10
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
QUOTE(dariofoo @ Feb 8 2011, 06:00 PM) Bro, even if he creates a trust in his position as a debtor, the doctrine of relating back will still apply. He can't sell, transfer, or dispose off the property in any way now. Yeah bro, thats what i was thinking, if he create a trust, he has to register it....it will be shown in the title anyway...if he doesnt register, the person he transfer the property to, will makan it 100% as he holds full legal title on paper...'Bone fide purchaser' principle also doesn't work,bro. There are no loopholes,bro. What can a lawyer do now anyway? Just to look for a technicality in the BN and procedure (read: loophole) and delay proceedings only. Buy time. At the end of the day, he will still kena sangkut. Just ask him to swallow his pride/ego and go to AKPK. It'll be the best advice ever. It's FREE, by the way. Forgot to mention. i'll try to talk to him and ask him to consult akpk for the best solution for repayment.....haiz...feel so helpless, couldnt help my friend when he really needs me.... QUOTE(dariofoo @ Feb 8 2011, 06:08 PM) By the way, are you aware that being in possession of more than 200gm of cannabis or cannabis resin raises the presumption of trafficking under s37(da) of the Dangerous Drugs Act? Trafficking, as you would be well aware, is punishable with death. hey dei...what you talking....haha....Just informing you,bro dun worry i wont carry more than that...am just a user not a trafficker...wanna share some?? |
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Feb 9 2011, 01:46 PM
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
QUOTE(dariofoo @ Feb 9 2011, 11:06 AM) You're helping him by referring him to AKPK. Seriously. It'll work wonders. thanks bro for the time and the advice....i shall refer him to akpk ASAP....hope he get out from this sh*t alive...Even if you're a user, and if you're found in posession, you can face up to 5 years max in the slammer under section 6. Don't say I didn't warn you. hurm....when you say 5 years my balls already came up to my throat...haha |
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Feb 10 2011, 03:16 PM
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#12
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61 posts Joined: Dec 2010 From: Your Mama's Armpit |
am going to resign from this firm...any nice firm can recommend?
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