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 25 and Bankrupt (I need guidance)

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-ZeN-
post Aug 7 2014, 03:54 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 12:25 PM)
I'm 25 years old and I'm bankrupt.

No, it isn’t because I owe the bank with credit cards debt or personal loan.

Here’s a backstory. I was 21 when my parents decided to put my name as one of the directors for their companies. They also took some personal loan from a bank to push business (invest in projects, events etc). By 23, I had a company under my name, loans under the company’s name and personal loan under my name.

By 24, the business went down extremely bad. No more clients. The worst downturn was when the company was legally sued by one of their clients. Without a black and white evidence from our side (my parents were naive when it comes to this, they never expected this kind of unfortunate event would ever happen to their business) we lost the case. With business going extremely bad, we barely had any money to pay for a better lawyer.
Take note that when all of this happened, I was just a student who is trying her best to finish her degree with honour. I wasn't directly involved in any of my parents’ business matter nor do I get to enjoy the benefit of being one for the director.

The legal damage was so huge, there’s no way that our family could pay. I just graduated from my college degree and started my career with only RM2500 pay per month. The legal damage was about RM60k. This doesn’t include the personal loan that was under my name that was left unpaid. Business wasn’t getting any better; my brother had to drop out of college, and started his own burger stall for a living.

My family had to move to my parent's kampung since living in the city is just too expensive, living me behind as I chose to stay and continue working at my current company. I barely have any savings now; I couldn’t even afford to get any insurance. I was living from paycheque to paycheque when I found out a few months ago my bank accounts went frozen due to direct order from the insolvency. That’s when I found out I am officially bankrupt.

I’m 25, never had any credit card or student loan. Personal loan was made by parents (with my consent of course, but I was too naive to figure what were the risks), and a business legal matter that I wasn’t even a part of (except for the fact that my name was listed as one of the directors).

I’ve talked to my parents about this but they asked me to give them some time to handle it even it is clear that we are basically living in poverty and survive from what they could get from the burger stall business (their business just went down the drain and new project is almost non-existence). Part of me wanted to go to insolvency and discuss what could be done, how do I get out of this. But part of me knew I could barely pay back with the amount I earn monthly and all my other financial commitments (car loan, house rent, groceries, gas, bills)

I just don’t know what to do, all I want is to clear my name but it wasn’t even my “fault” in the first place that made me fall into this situation.

With so much humility, I ask for some financial guidance and advice on how do I get out of this.
My dream was to really continue my master degree abroad (as the course I'm planning to take isn't in the country) but with my current situation, it looks like its close to impossible.

Thank you for any advise and I'm sorry for the long post.
*
Don't mind me asking, trying to help ask some info for you from my insolvency friend.
1. How much is the personal loan amount that is unpaid?
2. The company was Sdn Bhd?
3. Are you only the director and shareholder also?
4. Do you borrow any money from the company itself?
even_steven
post Aug 7 2014, 04:01 PM

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AKPK option is only viable if you haven't been declared as bankrupt. If you have been declared bankrupt, then JIM is the only place that you can go.
Kevin Chan
post Aug 7 2014, 04:05 PM

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you can either craw yourself out of the hell hole your parent dug you into

OR

Find someone to get married ! the hell with principle and stuff like that. doh.gif
-ZeN-
post Aug 7 2014, 04:06 PM

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QUOTE(Kevin Chan @ Aug 7 2014, 04:05 PM)
you can either craw yourself out of the hell hole your parent dug you into

OR

Find someone to get married ! the hell with principle and stuff like that.  doh.gif
*
i was tempting to say that.

Anyway, i think TS should get more info from the insolvency for the company on how to pay back.
Then also the bank's personal loan side.

Can let them give guideline on how to pay back, at least also need to make sure things doesn't roll bigger with interest and so on.

This post has been edited by -ZeN-: Aug 7 2014, 04:09 PM
TOMEI-R
post Aug 7 2014, 04:08 PM

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If your debt is more than Rm30k, the amount is enough for the other party to sue you for bankruptcy. While I do pity you for it is your family who dragged you into this, I can say that there is no other way you can escape this predicament. What you can do right now is to ask your company to pay the salary either by cash or to some other people's account and you wont be able to solicit any loans or credit cards under your name. Your banks accounts will be frozen too and you will get constant harrassment from your debtors to recover their money.
TOMEI-R
post Aug 7 2014, 04:13 PM

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QUOTE(even_steven @ Aug 7 2014, 04:01 PM)
AKPK option is only viable if you haven't been declared as bankrupt. If you have been declared bankrupt, then JIM is the only place that you can go.
*
AKPK is only for cases for credit cards, personal loans or car loans which are from financial institutions. TS is being sued by a debtor regarding previous business dealings. Totally different issue here.

Btw, for those thinking to going to AKPK, please be aware that most banks will internally blacklist you when they check your CCRIS/CTOS and there is an AKPK note there.
tabletman
post Aug 7 2014, 04:15 PM

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Find out how much you owed? If it is not too much just pay in installment until finish. But meanwhile you will have to say goodbye to your car. Only bus for you I am afraid.

sicklad77
post Aug 7 2014, 04:16 PM

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U can't go akpk once declare bankrupt. Ur options now consult jim.
If u can give us more insights and ur financial standings and commitments perhaps the sifus here can advice on what to cut down monthly


Quite a predicament u have now at such young age, live thru it and come out stronger & wiser nod.gif

This post has been edited by sicklad77: Aug 7 2014, 04:18 PM
mrlonely78
post Aug 7 2014, 04:19 PM

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when you bankrupt; this will happen.

1) total assets under your name cant be more than rm5k, if got, it will be taken away by the bank soon. example the car, house etc.
2) once you bankrupt, you cant nego with the bank, as bank cannot accept any payment directly from you.
3) u need to see the jim, meet the officer in charge, report your income and expenses, and prepare to pay monthly payment as small as rm50 to them on monthly basis.
4) whatever bank account u have, will be freeze, they will give u 1 letter for u to open the bank account, on which this bank account can be use for salary payment etc, but insolvency will instruct the bank to deduct the money to pay to them on monthly basis.

so, its either;

1) solve it using full payment to jim, and jim will get a court order to release u if the banks all agree with the payment.
2) solve it by monthly payment paid until certain stage, and try to appeal for release, then banks still need to agree on this.

if the debts is under 2 name, try to clear the account using the other name, by paying direct to the bank on the nego amount as full settlement, then u get court order to release u. make sure the bank stated in the full settlement letter that your name will also be clear from this account.

i am bankruptcy before, same as u, due to my parents, but i got released after make full settlement with the bank under my other join name in the account, then get jim to get court order for release.

now 2 years free from my bankcruptcy status and started to live carefully when it comes to money and loan ...
TOMEI-R
post Aug 7 2014, 04:23 PM

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Btw TS, the only way right now for you now would be to meet your debtors and the financial institution your personal loan is from and negotiate how to settle this. You could offer them to settle your debts by paying them back in monthly installments. If they are reluctant, tell them that you wont be able to pay them either. By suing you also they are incurring extra costs. So ask them to weigh the pros and cons and work out an amicable solution.
tabletman
post Aug 7 2014, 04:24 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 03:48 PM)
Renting a room now to be precise. Yes I really do need my car, to commute to work, unfortunately..
*
If you are already bankcrupt, it may come to a point that all your assets are seized and sold off. If that happens, try to get a relative to get your a car (under his name), while you promise to pay in installment. But the amount you can afford might be small as you also need to pay back the other debts.
lucifah
post Aug 7 2014, 04:29 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 12:25 PM)
I'm 25 years old and I'm bankrupt.

» Click to show Spoiler - click again to hide... «

*
long story short, you are in deep shit and u need to slowly crawl out of it

clearly you know who's at fault, but they are parents, so we can't do much

if you are declared bankrupt, your accounts will be frozen. how on earth did u receive your pay checks?

you need help from AKPK so they will step in and stop the banks from harassing you by charging you enormous inteest for the amount "you" defaulted


mrlonely78
post Aug 7 2014, 04:35 PM

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QUOTE(lucifah @ Aug 7 2014, 04:29 PM)
long story short, you are in deep shit and u need to slowly crawl out of it

clearly you know who's at fault, but they are parents, so we can't do much

if you are declared bankrupt, your accounts will be frozen. how on earth did u receive your pay checks?

you need help from AKPK so they will step in and stop the banks from harassing you by charging you enormous inteest for the amount "you" defaulted
*
on the interest defaulted, there will be no new interest, only until to the bankcruptcy noticed.

jim will nego with the bank only with the bank that does not claimed the amount from you through bankruptcy noticed. on this, there will be some interest savings.

to the bank that cause u bankcrupt, there will be no reduce, u need to pay jim this full amount asked by that bank in order to get release.

thats why if u have join name, use other name to go for nego, jim no control on this, but if under your name, sorry its not possible,

its either full amount as they claimed, or u pay for certain period, live as bankcruptcy for certain years ... then try to get release via jim if allowed by the bank ...
champu
post Aug 7 2014, 04:45 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 03:48 PM)
Renting a room now to be precise. Yes I really do need my car, to commute to work, unfortunately..
*
Where are you renting room right now? And what are your expenses for your car? i.e. petrol, maintenance,time to travel?

Consider moving closer to where you work, that way you won't have to rely on your car to transport you around. Assuming you work in Klang Valley, the public transport would be your best bet.

Since your car is your only tangible value, have a relative or someone you know will help to buy it off if possible (i'm aware it's bought under the company)

Perhaps you can consider one of these two things;

1) speak to your CFO to see if there is any other assignment that can earn you extra income (if not within the organisation, other companies may be able to offer something on the side. CFO's would know where to help you look)

2) Depending on whether your current status is with the employment dept (i.e. bankrupt), try sourcing for a higher paying job


Lastly, talk to AKPK. Any one of the consultants should be able to guide you on where you can go from there.
lucifah
post Aug 7 2014, 04:47 PM

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before anyone think that JIM is a person's name

JIM = Jabatan Insolvensi Malaysia

mr.lonely, you've crawled through that hole. respect bro
mrlonely78
post Aug 7 2014, 04:55 PM

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QUOTE(champu @ Aug 7 2014, 04:45 PM)
Where are you renting room right now? And what are your expenses for your car? i.e. petrol, maintenance,time to travel?

Consider moving closer to where you work, that way you won't have to rely on your car to transport you around. Assuming you work in Klang Valley, the public transport would be your best bet.

Since your car is your only tangible value, have a relative or someone you know will help to buy it off if possible (i'm aware it's bought under the company)

Perhaps you can consider one of these two things;

1) speak to your CFO to see if there is any other assignment that can earn you extra income (if not within the organisation, other companies may be able to offer something on the side. CFO's would know where to help you look)

2) Depending on whether your current status is with the employment dept (i.e. bankrupt), try sourcing for a higher paying job
Lastly, talk to AKPK. Any one of the consultants should be able to guide you on where you can go from there.
*
when you are bankrupt, jim is the answer .. not akpk or even lawyer .. jim will help u, trust me .. u know what, when i try to get release, outside lawyer charge me 3k, but jim only rm10 .. so dont afraid with jim ... they will help u to go through this as long u follow the rules and inform them accordingly on any changes ...

actually, before they served u the notice, u have the chance to appeal that time, so if the judge agree, u no need to be bankrupt ...

same as my case, i didnt get the notice or summon, all is under my parents knowledge, so they hide it from me .. at the end .. my name get the problem.
mrlonely78
post Aug 7 2014, 04:58 PM

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QUOTE(lucifah @ Aug 7 2014, 04:47 PM)
before anyone think that JIM is a person's name

JIM = Jabatan Insolvensi Malaysia

mr.lonely, you've crawled through that hole. respect bro
*
tq bro .. its hard but very valuable lesson in life ...
812799
post Aug 7 2014, 05:07 PM

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QUOTE(mrlonely78 @ Aug 7 2014, 04:55 PM)
when you are bankrupt, jim is the answer .. not akpk or even lawyer .. jim will help u, trust me .. u know what, when i try to get release, outside lawyer charge me 3k, but jim only rm10 .. so dont afraid with jim ... they will help u to go through this as long u follow the rules and inform them accordingly on any changes ...

actually, before they served u the notice, u have the chance to appeal that time, so if the judge agree, u no need to be bankrupt ...

same as my case, i didnt get the notice or summon, all is under my parents knowledge, so they hide it from me .. at the end .. my name get the problem.
*
i think TS will get a favorable appeal decision as entirely not her doing, her name was just used, and I'm not here to judge your parents, but ask them go work from bottom again and help to clear it out asap, crash and burn ain't easy to recover over the short term.

be strong ... and good luck in future undertakings flex.gif
Fadzy Kamaruddin
post Aug 7 2014, 05:08 PM

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I received notice of bankruptcy 2 months back. Luckily i managed to deal something with AKPK. Once declared bankrupt AKPK cant help u anymore. Go straightaway to JIM. Dont worry, it wont harm you. I met a guy who went bankrupt, he said everything was fine. He can go overseas. JIM will ask u to pay rm3000 per year as deposit if you want to go abroad. after cleared from bankruptcy they will return the money back lump sum.
Dont worry about bank ppl coming asking for money. Bankruptcy is made for the purpose to protect you from debtors. That is why for big businessmen, bankruptcy is done purposely, just to get rid of financial burdens. blush.gif

This post has been edited by Fadzy Kamaruddin: Aug 7 2014, 05:12 PM
mrlonely78
post Aug 7 2014, 05:13 PM

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QUOTE(812799 @ Aug 7 2014, 05:07 PM)
i think TS will get a favorable appeal decision as entirely not her doing, her name was just used, and I'm not here to judge your parents, but ask them go work from bottom again and help to clear it out asap, crash and burn ain't easy to recover over the short term.

be strong ... and good luck in future undertakings  flex.gif
*
when u see jim, jim will hear the story from your side .. so this is where you can tell them the truth etc ... then they will propose something to make your life not that hard during this stage ...

however, there will be no appeal to take back the judgement .. if u think the bank is wrong, you can try ask jim to fight with the bank in court ... there is this process ...

so meet jim, and get the right guide asap ...

on the parents side, they cant help u out, if yes, sure they will settle this before u got the title ... so do like me, get help from others loan u the cash and payback the debt ... then once your name cleared, pay back to them by getting loan ..

this is better ...

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