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 25 and Bankrupt (I need guidance)

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TSNeedGuidance
post Aug 7 2014, 12:25 PM, updated 12y ago

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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.
halimsan
post Aug 7 2014, 12:31 PM

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have you consult with AKPK?
basilpaschal
post Aug 7 2014, 12:33 PM

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I feel sorry for you...really. However, I would like to know how did you manage to get a car loan when you were already officially bankrupt?
Malaysian2020
post Aug 7 2014, 12:33 PM

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With your bank account frozen, how is your salary payment affected?

Normally under these circumstances you can request your employer to issue an open cheque to you where you can cash your salary over the counter.

You can also go to the insolvency department and meet the OA and ask them for advise.

There is a provision where you can request for your bankrupt status to be reviewed after 7 years but there are certain conditions to be met first. the OA can tell you more.

All the best to you.
mattemily_85
post Aug 7 2014, 12:34 PM

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QUOTE(basilpaschal @ Aug 7 2014, 12:33 PM)
I feel sorry for you...really. However, I would like to know how did you manage to get a car loan when you were already officially bankrupt?
*
+1
TSNeedGuidance
post Aug 7 2014, 12:36 PM

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QUOTE(basilpaschal @ Aug 7 2014, 12:33 PM)
I feel sorry for you...really. However, I would like to know how did you manage to get a car loan when you were already officially bankrupt?
*
The car loan was under the bankrupt company's (before it went bankrupt). And I still continue paying it, as there's no notice from the bank that I couldn't continue with the hire purchase.
mattemily_85
post Aug 7 2014, 12:39 PM

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well, wish u all the best to settle up the debt...
TSNeedGuidance
post Aug 7 2014, 12:41 PM

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QUOTE(Malaysian2020 @ Aug 7 2014, 12:33 PM)
With your bank account frozen, how is your salary payment affected?

Normally under these circumstances you can request your employer to issue an open cheque to you where you can cash your salary over the counter.

You can also go to the insolvency department and meet the OA and ask them for advise.

There is a provision where you can request for your bankrupt status to be reviewed after 7 years but there are certain conditions to be met first. the OA can tell you more.

All the best to you.
*
I've talked to the CFO and HR of the company I'm currently working with, and they've agreed to give me cash cheque for my monthly salary until I could resolve on this matter..

I was planning to visit JIM and to find a way to handle this, but I would like to think I'm still young and just to scared to face it alone.

And thats why I am asking for some guidance here at LYN..

Thank you for your reply. I'll ask the OA about the re-view of bankrupt status.
dvinez
post Aug 7 2014, 12:41 PM

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ur total debt? RM60K it is not actually a big sum for those who do business for project/event.
how come no saving/cash at all if you/parent are doing big business hmm.gif
they way you described, it sound like the business went down in few months after setting up.

if you are not trolling, best is to get financial aid from relatives if they are doing good.
TSNeedGuidance
post Aug 7 2014, 12:42 PM

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QUOTE(halimsan @ Aug 7 2014, 12:31 PM)
have you consult with AKPK?
*
I have not. I'm confused as to which should I get more consultation from, or should I go straight to JIM.
TSNeedGuidance
post Aug 7 2014, 12:44 PM

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QUOTE(RO Player @ Aug 7 2014, 12:34 PM)
Govt Insolvency ..every state there is. Please go to link here for more details.

So sorry to hear about your predicament.

*** FYI, a bankrupt cant go oversea until approval from Director General Dept. All info in the link.
*
Thank you. I'm aware of me being banned from going out to oversea. Hence thats why I'm asking for guidance if there's any way I could resolve this sooner so that I could go abroad for my study.
basilpaschal
post Aug 7 2014, 12:44 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 12:36 PM)
The car loan was under the bankrupt company's (before it went bankrupt). And I still continue paying it, as there's no notice from the bank that I couldn't continue with the hire purchase.
*
The law states that you need to give up your assets and you cannot go abroad.
Your car may not be your asset yet.
Looking at your predicament, I suggest you have only ONE WAY - that is AKPK.
Pay off the damn 60K ASAP and go back to court to declare yourself not bankrupt.

Once you are out of this hell....you will realise how strong you really are.
God put you through this because you are actually a very strong person.
Go ahead work, survive and live in the glory of overcoming an enormous failure.
mattemily_85
post Aug 7 2014, 12:47 PM

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QUOTE(basilpaschal @ Aug 7 2014, 12:44 PM)
The law states that you need to give up your assets and you cannot go abroad.
Your car may not be your asset yet.
Looking at your predicament, I suggest you have only ONE WAY - that is AKPK.
Pay off the damn 60K ASAP and go back to court to declare yourself not bankrupt.

Once you are out of this hell....you will realise how strong you really are.
God put you through this because you are actually a very strong person.
Go ahead work, survive and live in the glory of overcoming an enormous failure.
*
once you declared bankrupt there is no turn back.
TSNeedGuidance
post Aug 7 2014, 12:49 PM

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QUOTE(dvinez @ Aug 7 2014, 12:41 PM)
ur total debt? RM60K it is not actually a big sum for those who do business for project/event.
how come no saving/cash at all if you/parent are doing big business hmm.gif
they way you described, it sound like the business went down in few months after setting up.

if you are not trolling, best is to get financial aid from relatives if they are doing good.
*
It could be more, I'm not entirely sure whats the amount like (plus all the legal fees and whatnot). The company was into Wedding Planner & Consultation. It's just a small business, but was doing well until the legal sue came in.
Yes, we dont have any savings to be honest, my parents weren't a great financial planner (Dad is also a bankrup, Mum's credit score is terribly bad), that's why we ended up to where we are now.

Relatives are doing good, but none of them could actually help me through clearing the debt that has cause the bankruptcy.

This post has been edited by NeedGuidance: Aug 7 2014, 12:52 PM
babykon101
post Aug 7 2014, 12:54 PM

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Lesson to all : Do not put your name if you are managing it! And do not be guarantor for some relative's son taking up study loans and what-not.
Bonescythe
post Aug 7 2014, 12:56 PM

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Want to giv u some hot tips to earn some money also cannot now.

cuz ur name blacklisted.. cant have trading acc
SUSpijaklu
post Aug 7 2014, 02:08 PM

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QUOTE(Bonescythe @ Aug 7 2014, 12:56 PM)
Want to giv u some hot tips to earn some money also cannot now.

cuz ur name blacklisted.. cant have trading acc
*
TS, i believe your angel aka saver is here, the tips is good.
TSNeedGuidance
post Aug 7 2014, 02:26 PM

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QUOTE(basilpaschal @ Aug 7 2014, 12:44 PM)
The law states that you need to give up your assets and you cannot go abroad.
Your car may not be your asset yet.
Looking at your predicament, I suggest you have only ONE WAY - that is AKPK.
Pay off the damn 60K ASAP and go back to court to declare yourself not bankrupt.

Once you are out of this hell....you will realise how strong you really are.
God put you through this because you are actually a very strong person.
Go ahead work, survive and live in the glory of overcoming an enormous failure.
*
I'm a still a little confuse of which should I go first, JIM or AKPK.

"Go ahead work, survive and live in the glory of overcoming an enormous failure."
Thank you so much for this. Really is something I needed to hear.
wodenus
post Aug 7 2014, 02:55 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.
*
Any expenses you can cut down on? do you need to rent a whole house? do you really need a car?


This post has been edited by wodenus: Aug 7 2014, 02:55 PM
TSNeedGuidance
post Aug 7 2014, 03:48 PM

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QUOTE(wodenus @ Aug 7 2014, 02:55 PM)
Any expenses you can cut down on? do you need to rent a whole house? do you really need a car?
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Renting a room now to be precise. Yes I really do need my car, to commute to work, unfortunately..
-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 ...
Artus
post Aug 7 2014, 05:16 PM

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NeedGuidance, your business doesn't sound like a Sdn. Bhd. or a PLT, or else if somebody sued the company, nothing would happen to the directors because of limited liability protection.

Many people made the wrong mistake of setting up their businesses as sole-proprietorships or partnerships instead of Sdn. Bhd. to save money, but if get sued, all ther partners would be exposed without limitation of liability.

Nowadays there is a far cheaper option to the expensive Sdn. Bhd. - the Perkongsian Liabilti Terhad (PLT), which have all the advantages of a Sdn. Bhd. minus all the disadvantages.

If your business was a Sdn. Bhd., the only reason I can think of that you can suffer losses personally is probably you have signed some kind of personal guarantee.


cdspins
post Aug 7 2014, 05:18 PM

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It is 60k, it is still workable, be tough, just crawl out of it. If you save RM500 a month, it will take you 10 years. Try 1k and it will take approximately 5 years.
Just postpone your dream of studying abroad for 5 years... you can still travel by the age of 30.
Have seen young adult like you go through hell, eating only bread on weekday, and get proper meal only on weekend in order just to save money for their goals. I am sure if you have the will, you can make it too. Be tough, be strong
mrlonely78
post Aug 7 2014, 05:19 PM

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QUOTE(Fadzy Kamaruddin @ Aug 7 2014, 05:08 PM)
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 is correct, however, jim will question u this, if u can only make payment of rm50 a month to them when u bankrupt, how come u can pay 3000 to jim for overseas trip clearance ... and they will not allowed if its for holiday ... only for business case they allowed, and u need to have the letter from the company you work for also for this clearance ..


thanks.
christ86
post Aug 7 2014, 05:34 PM

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happened so often.... that's why u see so many ppl unable to success with such caliber.
Your current income. Make it cold cash n keep it safe under your other family name or cold cash under the bed.
Cut down your expenses to the max.
Don't bother paying the amount owed unless you have suffice amount to negotiate & fully settle it.
Like one of the guy said. Get married is your quick buck

but truth is without that, your only gateway is to earn more & settle it.
no shortcuts.
challenging part is , you will need someone you really can trust to ensure your future bucks are being safely securely saved.
even if you are enthusiast now to do mlm, part time, insurance, investment all at the same time. most of the time it can only be done n paid directly to you not by cash.

Suggest you find someone you can trust. Use his/her name & start earning your way out. At the same time if it's a he, he might just say i will save you.
Fadzy Kamaruddin
post Aug 7 2014, 05:36 PM

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QUOTE(mrlonely78 @ Aug 7 2014, 05:19 PM)
this is correct, however, jim will question u this, if u can only make payment of rm50 a month to them when u bankrupt, how come u can pay 3000 to jim for overseas trip clearance ... and they will not allowed if its for holiday ... only for business case they allowed, and u need to have the letter from the company you work for also for this clearance ..
thanks.
*
some ppl, like me, have to go overseas to earn my gaji. unsure.gif that is why i tried my best to avoid bankruptcy. hehe but do not be worried. and dont run from your problem.
TSNeedGuidance
post Aug 7 2014, 06:27 PM

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QUOTE(-ZeN- @ Aug 7 2014, 03:54 PM)
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?
*
I'm sorry I couldn't be more precise when it comes to the exact amount of loans and the amount that cause the company to be declared as bankrupt.

1. Personal loan is below 30k, but with the outstanding penalties and interest, up to now I couldn't give you the exact amount. This personal loan was taken for business investment, more to buy stuff for the company and what not.
2. Its Enterprise
3. Our parents named me and my brother (aged 24) as the directors. And yes he's declared bankrupt too, dropped out of college and is now selling burger to feed the whole family (my parents are helping him with the burger business).
4. No I don't borrow any money from the company.
TSNeedGuidance
post Aug 7 2014, 06:31 PM

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QUOTE(TOMEI-R @ Aug 7 2014, 04:08 PM)
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.
*
Yes the debt is more than RM30k. The other party is an individual, and was a client of the company. Perhaps their motive is to bring my parents down (I honestly dont have the details as what really happened between them), but unfortunately the company was under mine and my brother's name.

Yes, my employer is giving me cash cheque for my monthly salary, as I've made them aware of my current financial situation.

Yes, I only realized that I was declared bankrupt when I found out all my bank accounts went frozen.. sad.gif
TSNeedGuidance
post Aug 7 2014, 06:32 PM

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QUOTE(TOMEI-R @ Aug 7 2014, 04:13 PM)
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.
*
Thank you for the info, I've checked my CTOS and yes, thats where I officially know that I'm declared as bankrupt..
TSNeedGuidance
post Aug 7 2014, 06:35 PM

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QUOTE(tabletman @ Aug 7 2014, 04:15 PM)
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.
*
Even if I could pay them via monthly installment, it'd be way too long.. And thats the reason why I havent visited JIM yet, I'm just afraid I couldn't continue to use my car.

My work requires to travel here and there a lot..
simonlws
post Aug 7 2014, 06:39 PM

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You should just go to the Insolvency. Its not so bad at all. Just be humble but got to bear with the officer there. Sometimes they are just so careless.

You still can open a bank account, work and even travel after you place some deposit and payments.
They will restructure and deduct 10% of your salary monthly until to a time you proof to them that with the continuity deducts still cannot replay the loan, after five years you can apply for discharged.

But it is not all rosy simply because you now have to deal with the insolvency officer which some are just hopeless.

Just my two cents.


QUOTE(NeedGuidance @ Aug 7 2014, 11:25 AM)

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.
*
simonlws
post Aug 7 2014, 06:41 PM

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As long as you car is under installment and the bank doesn't tarik and you are paying it promptly. No problem at all.
Only thing is that your car is fully paid, then they will want to sell your car to repay but can talk to them because nowadays, without a car how to cari makan?

QUOTE(NeedGuidance @ Aug 7 2014, 05:35 PM)
Even if I could pay them via monthly installment, it'd be way too long.. And thats the reason why I havent visited JIM yet, I'm just afraid I couldn't continue to use my car.

My work requires to travel here and there a lot..
*
evinkar
post Aug 7 2014, 06:43 PM

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What type of car; Year; Monthly commitment?

Maybe I interested.
TSNeedGuidance
post Aug 7 2014, 06:43 PM

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QUOTE(mrlonely78 @ Aug 7 2014, 04:19 PM)
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 ...
*
Thank you so much from your insights and telling us your experience.

I'm afraid they wouldn't take my care soon, by I'm still obligated to continue with my hire purchase? Plus I really need the car, since my job require me to travel a lot in the city.. Using the public transportation will only deteriorate my work productivity.. Eventhough, yes, I've been thinking on letting go of the car..

There's no way our family could get it clear in full payment. Its just impossible, especially with our current situation. The other director for the company is my brother and yes, he's declared as bankrupt too. But he's living with my parents now and flipping burger to survive. We do have many family relatives, but under some circumstances, I don't think I would bring them into this matter, even if I would, I think none of them could do anything about this..

Do let me know if you have any other tips. What else can I do, and what to expect when I go for a visit to JIM..

Thank you so much again..
davinz18
post Aug 7 2014, 06:45 PM

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QUOTE(Fadzy Kamaruddin @ Aug 7 2014, 05:08 PM)
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
*
really? shakehead.gif
simonlws
post Aug 7 2014, 06:45 PM

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Correction, the RM3000/= they will treat it as part of your repayment. They won't pay you back. Only the guarantee fee of RM1,000/= paid by your guarantor can be refunded.

Ya one more thing, once you fully settle your outstanding, you still need to pay them, if not mistaken 10% fees before you can be discharged.



QUOTE(mrlonely78 @ Aug 7 2014, 04:19 PM)
this is correct, however, jim will question u this, if u can only make payment of rm50 a month to them when u bankrupt, how come u can pay 3000 to jim for overseas trip clearance ... and they will not allowed if its for holiday ... only for business case they allowed, and u need to have the letter from the company you work for also for this clearance ..
thanks.
*
TSNeedGuidance
post Aug 7 2014, 06:45 PM

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QUOTE(TOMEI-R @ Aug 7 2014, 04:23 PM)
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.
*
It's an individual that was previously my parent's client, he sued the company. Yet, it costs mine and my brother's name. I believe we can't directly nego and pay them directly, since I've already been declared. So I still need to go to JIM, no other option, tell me if I'm wrong..
TSNeedGuidance
post Aug 7 2014, 06:48 PM

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QUOTE(tabletman @ Aug 7 2014, 04:24 PM)
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.
*
Getting a relative to get my car is just a huge favour to ask and none of my close relative could help. This has tainted my family's image enough between our relatives. If I could, I would want settle this without bringing any other family members into it..
TSNeedGuidance
post Aug 7 2014, 06:56 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.
*
Thank you so much for replying.

I've considered letting my car go but unfortunately I really need them as my work requires me to travel here and there a lot.

Yes I'm currently looking into better offer elsewhere. Yet I'm still in the process of blasting my CV around.
I'll try to speak to my CFO and see if he could give me any advice on this (eventhough he could be a cranky man sometimes, nevertheless, wish me a luck!)

And based on from many replies, I guess there's nothing AKPK can do, my next step is I should be seeing JIM..
Fadzy Kamaruddin
post Aug 7 2014, 07:24 PM

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QUOTE(davinz18 @ Aug 7 2014, 06:45 PM)
really? shakehead.gif
*
Really. Go study on bankruptcy. U'll be surprised.

QUOTE(simonlws @ Aug 7 2014, 06:45 PM)
Correction, the RM3000/= they will treat it as part of your repayment. They won't pay you back. Only the guarantee fee of RM1,000/= paid by your guarantor can be refunded.

Ya one more thing, once you fully settle your outstanding, you still need to pay them, if not mistaken 10% fees before you can be discharged.
*
My friend got back all the deposit money. Totalling to 30k. Maybe different ppl different case. wink.gif
cybpsych
post Aug 7 2014, 07:31 PM

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TS, though u wouldnt want to enlist help from your relatives, probably you should reconsider that.

bad or worse, they are the one that can help, to some extent.

regardless of family face or whther they will help or not, just disclose your issues to them.

before doing do, 1st step is to go to JIM. if your brother is available, bring him along to testify as well. if your parents are OK, bring them as well.

dont know JIM's processes, just wondering if it can help you out if your parents willingly to admit their issues.

best wishes.

p/s: get a decent, cheapest car, if possible.
Artus
post Aug 7 2014, 08:53 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 06:27 PM)
I'm sorry I couldn't be more precise when it comes to the exact amount of loans and the amount that cause the company to be declared as bankrupt.

1. Personal loan is below 30k, but with the outstanding penalties and interest, up to now I couldn't give you the exact amount. This personal loan was taken for business investment, more to buy stuff for the company and what not.
2. Its Enterprise
3. Our parents named me and my brother (aged 24) as the directors. And yes he's declared bankrupt too, dropped out of college and is now selling burger to feed the whole family (my parents are helping him with the burger business).
4. No I don't borrow any money from the company.
*
As I had suspected, your business was not registered as a Sdn. Bhd., or else you would have avoided personal liability and the eventual bankruptcy.

From your description, it looks like your business was registered as an ordinary partnership, with you and your brother named as partners (not directors). This meant that both you and your brother had no limited liability protection.

Maybe this is a bit of a late advice for you, your parents should have just registered a sole proprietorship with either you or your brother as the sole owner, instead of a partnership, which requires a minimum of 2 partners, so that only one person could have ended up in financial ruins.

Of course, the best way was to register a Sdn. Bhd. or a PLT, which could have prevented the whole disaster in the first place.

Anyway, legally, your brother cannot own a business and also cannot work for any spouse, children and relative. So, you better know what to do about the burger stall.


-ZeN-
post Aug 7 2014, 09:10 PM

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JIM is a must, also for the personal loan 1, i think you can also go to the bank to strike a repayment? They should be able to help.

I think maybe some local political parties can help? since your case is that bit ... @_@
I will try ask my friend in insolvency field to have a look on this forum tomorrow. But the things that happen to you does seem "proper"as in no hanky panky, is a normal bankruptcy process and insolvency.
mrlonely78
post Aug 7 2014, 09:27 PM

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i will tell you the whole story of my case, and why no bank can help me...

maybe from there u will get some idea on getting help ...
Kaka23
post Aug 7 2014, 09:41 PM

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Does it mean if it is a sdn bhd.. If the company bankrupt, the directors wont be consider bankrupt?

Sorry noob here..
TSNeedGuidance
post Aug 7 2014, 09:45 PM

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QUOTE(christ86 @ Aug 7 2014, 05:34 PM)
happened so often.... that's why u see so many ppl unable to success with such caliber.
Your current income. Make it cold cash n keep it safe under your other family name or cold cash under the bed.
Cut down your expenses to the max.
Don't bother paying the amount owed unless you have suffice amount to negotiate & fully settle it.
Like one of the guy said. Get married is your quick buck

but truth is without that, your only gateway is to earn more & settle it.
no shortcuts.
challenging part is , you will need someone you really can trust to ensure your future bucks are being safely securely saved.
even if you are enthusiast now to do mlm, part time, insurance, investment all at the same time. most of the time it can only be done n paid directly to you not by cash.

Suggest you find someone you can trust. Use his/her name & start earning your way out. At the same time if it's a he, he might just say i will save you.
*
I really appreciate your advice on this. It sound different than most replies. Yes, I will find someone to trust, at least to tell them my current situation, but I'm trying my best not to drag anyone who are close to me in this since I've troubled them enough in the past.

'If it's a he, he might just say i will save you'. - How lovely it would be.

davinz18
post Aug 7 2014, 09:48 PM

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if I'm not mistaken, Perkongsian Liabiliti Terhad (PLT) juz 1-2 years only got in Malaysia. TS parents biz reg already longer than that. If that time got PLT, sure tis problem would have.
TSNeedGuidance
post Aug 7 2014, 09:48 PM

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QUOTE(evinkar @ Aug 7 2014, 06:43 PM)
What type of car; Year; Monthly commitment?

Maybe I interested.
*
It's just an old myvi, however I love and depend on it too much, I'm trying to my best to find a mean to keep it....
TSNeedGuidance
post Aug 7 2014, 09:55 PM

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Hello everyone,

I'm too overwhelm with all the replies and advices you've given me here. I truly appreciate you taking your time and effort to write me. I'll read every advice and guide and will also take note on every one of it.

I'm sorry if I've missed anyone replies, but take this as my way of saying thank you so much for responding in this thread.

I'm looking forward for any more advices, opinions and stories (experiences if anyone care to share their similar case) here.

Everything seems so much clearer now.

Thank you again!
TSNeedGuidance
post Aug 7 2014, 09:56 PM

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QUOTE(mrlonely78 @ Aug 7 2014, 09:27 PM)
i will tell you the whole story of my case, and why no bank can help me...

maybe from there u will get some idea on getting help ...
*
Yes please, I would love to know what happened and how you manage to get out of it in detail.
TSNeedGuidance
post Aug 7 2014, 10:00 PM

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QUOTE(-ZeN- @ Aug 7 2014, 09:10 PM)
JIM is a must, also for the personal loan 1, i think you can also go to the bank to strike a repayment? They should be able to help.

I think maybe some local political parties can help? since your case is that bit ... @_@
I will try ask my friend in insolvency field to have a look on this forum tomorrow. But the things that happen to you does seem "proper"as in no hanky panky, is a normal bankruptcy process and insolvency.
*
I could not thank you enough for your kind effort on guiding me. Looking forward to hear whats your friend going to say about this.

Local political parties? Is that even possible...... drool.gif
TSNeedGuidance
post Aug 7 2014, 10:05 PM

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QUOTE(Artus @ Aug 7 2014, 08:53 PM)
As I had suspected, your business was not registered as a Sdn. Bhd., or else you would have avoided personal liability and the eventual bankruptcy.

From your description, it looks like your business was registered as an ordinary partnership, with you and your brother named as partners (not directors). This meant that both you and your brother had no limited liability protection.

Maybe this is a bit of a late advice for you, your parents should have just registered a sole proprietorship with either you or your brother as the sole owner, instead of a partnership, which requires a minimum of 2 partners, so that only one person could have ended up in financial ruins.

Of course, the best way was to register a Sdn. Bhd. or a PLT, which could have prevented the whole disaster in the first place.

Anyway, legally, your brother cannot own a business and also cannot work for any spouse, children and relative. So, you better know what to do about the burger stall.
*
Thank you, I just learn about the whole Sdn Bhd & PLT here for you and from other replies. Really opened up my mind about this.

And you caught me when you say, legally my brother shouldn't do any business. Even if its just burger stall..? sad.gif
Artus
post Aug 7 2014, 10:46 PM

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QUOTE(Kaka23 @ Aug 7 2014, 09:41 PM)
Does it mean if it is a sdn bhd..  If the company bankrupt,  the directors wont be consider bankrupt?

Sorry noob here..
*
Normally, the directors of a Sdn. Bhd. would not be liable for any debts of the company.

But they can be liable if there is an element of dishonesty. For example, if you knew your company is insolvent but you convinced a supplier to supply goods to your company even though you knew that the suppliers won't get paid, you are personally liable to pay for the debt.


Artus
post Aug 7 2014, 10:54 PM

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QUOTE(davinz18 @ Aug 7 2014, 09:48 PM)
if I'm not mistaken, Perkongsian Liabiliti Terhad (PLT) juz 1-2 years only got in Malaysia. TS parents biz reg already longer than that. If that time got PLT, sure tis problem would have.
*
Yes, PLT is still considered a fairly new business structure. Of course, the PLT would not have been an option back then for TS.

But many would still choose to register sole proprietorships and ordinary partnerships today because operating a Sdn. Bhd. is costly. I think this is because accountants and secretaries have a vested interest not to tell clients about PLT because PLTs do not need secretaries or auditors, so no need to pay thousands of ringgits in audit and secretarial fees every year.


yuen1985
post Aug 7 2014, 11:01 PM

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If possible, try don't declare bankruptcy..as for your existing personal loan..will suggest you go to AKPK as soon as possible..not sure about company loan and hope others can guide u here..just don't give up and all the best!
Artus
post Aug 7 2014, 11:09 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 10:05 PM)
Thank you, I just learn about the whole Sdn Bhd & PLT here for you and from other replies. Really opened up my mind about this.

And you caught me when you say, legally my brother shouldn't do any business. Even if its just burger stall..?  sad.gif
*
Yes, what your brother is doing should be considered illegal because he is a bankrupt. I suppose your father was probably also in the same position back then by working for a company owned by both of you because he was a bankrupt. If someone makes a complain to the Insolvency Dept or if the dept found out about it, somebody could be charged.

You better figure out what to do.


Artus
post Aug 7 2014, 11:26 PM

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QUOTE(yuen1985 @ Aug 7 2014, 11:01 PM)
If possible, try don't declare bankruptcy..as for your existing personal loan..will suggest you go to AKPK as soon as possible..not sure about company loan and hope others can guide u here..just don't give up and all the best!
*
Pay attention lah. TS already officially a bankrupt. So no AKPK lah.
Hapeng
post Aug 7 2014, 11:47 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 10:05 PM)
Thank you, I just learn about the whole Sdn Bhd & PLT here for you and from other replies. Really opened up my mind about this.

And you caught me when you say, legally my brother shouldn't do any business. Even if its just burger stall..?  sad.gif
*
so TS, can you confirm if its is a Sdn Bhd?


Artus
post Aug 7 2014, 11:53 PM

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QUOTE(Hapeng @ Aug 7 2014, 11:47 PM)
so TS, can you confirm if its is a Sdn Bhd?
*
Didn't you read her reply earlier that the business was registered as an enterprise?


TSNeedGuidance
post Aug 8 2014, 09:57 AM

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QUOTE(Artus @ Aug 7 2014, 11:09 PM)
Yes, what your brother is doing should be considered illegal because he is a bankrupt. I suppose your father was probably also in the same position back then by working for a company owned by both of you because he was a bankrupt. If someone makes a complain to the Insolvency Dept or if the dept found out about it, somebody could be charged.

You better figure out what to do.
*
Thank you for this note. Yes I should really figure out whats need to be done before things got worst for my brother.

mrlonely78
post Aug 8 2014, 11:55 AM

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ok here is my story..

i graduated on 2001, so after that, i help my parents refinance house, so my name become the main loaner while my mom as 2nd name.

in 2004, they stop servicing the loan, that time, the bank is southern bank. then southern bank bought by bbmb (bumiputra commerce), then to cimb.

so during this time, i dont know about this, even at 2009, i still can get housing loan on my own and 2010 a credit card on my own.

then i think end 2010, i try to get personal loan, so during this time, suddenly bank reject the application. than only i know about this unpaid loan on the property.

so i go to bank negara and print my ccris, and contact the bank and meet the offcer. i try to nego for them to allow me take charge to pay back on monthy installment, but bak said, cannot as this debt is too old already. so they ask me to pay lump sump of rm90k

the house bought only rm40k, but now need to pay rm90k. then the bank advised me to get someone to buy the house with a new loan, but no one able to do that. so i tell my parents and they promise to settle this.

so the issue left untouched until 2011, suddenly i see my bank account balanced become 0.

so i contact the bank and bank said, bank negara instruction to freezed my account and all my money paid to jim. they said i am bankrupt now.

so i went to jim. then they interview me, and etc, fill up declaration form how much to pay to them on monthly basis, income, expenses, loan i have, company i have etc.

they also telling me that the house loan that cause me bankrupt is now bank claimed at RM150k (with all interest etc).

during this time, jim said will not touch my own house (loan i start on 2009), as its only house i got, however, its up to the bank to decide if they still allow me to serve the loan or they will take it back as i already bankrupt.

however my credit card or car loan and all, they will stop as i cant have it due to bankrupt rules. so they will settle the credit card for me using the monthly payment i paid to jim.

they will also communicate with all the bank i have loan or account with to inform them to collect any payment due to jim.

so i stop my credit card, car loan, however my house loan i still serve.

then on 2012, suddenly after i served my home loan for a year after bankrupt, then bank dont want to accept my payment anymore, they said their legal dept said this is not right.

they plan to take my house as well, so this has cause me big problem now. on which i decide that the only way to stop all this is by settle the issue fast. i have 3 months before bank start to serve me final notice about unpaid loan.

to be continue ...
Hapeng
post Aug 8 2014, 03:43 PM

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QUOTE(Artus @ Aug 7 2014, 11:53 PM)
Didn't you read her reply earlier that the business was registered as an enterprise?
*
no but thanks for pointing it out
Artus
post Aug 8 2014, 04:14 PM

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QUOTE(mrlonely78 @ Aug 8 2014, 11:55 AM)
ok here is my story..

i graduated on 2001, so after that, i help my parents refinance house, so my name become the main loaner while my mom as 2nd name.

in 2004, they stop servicing the loan, that time, the bank is southern bank. then southern bank bought by bbmb (bumiputra commerce), then to cimb.

so during this time, i dont know about this, even at 2009, i still can get housing loan on my own and 2010 a credit card on my own.

then i think end 2010, i try to get personal loan, so during this time, suddenly bank reject the application. than only i know about this unpaid loan on the property.

so i go to bank negara and print my ccris, and contact the bank and meet the offcer. i try to nego for them to allow me take charge to pay back on monthy installment, but bak said, cannot as this debt is too old already. so they ask me to pay lump sump of rm90k

the house bought only rm40k, but now need to pay rm90k. then the bank advised me to get someone to buy the house with a new loan, but no one able to do that. so i tell my parents and they promise to settle this.

so the issue left untouched until 2011, suddenly i see my bank account balanced become 0.

so i contact the bank and bank said, bank negara instruction to freezed my account and all my money paid to jim. they said i am bankrupt now.

so i went to jim. then they interview me, and etc, fill up declaration form how much to pay to them on monthly basis, income, expenses, loan i have, company i have etc.

they also telling me that the house loan that cause me bankrupt is now bank claimed at RM150k (with all interest etc).

during this time, jim said will not touch my own house (loan i start on 2009), as its only house i got, however, its up to the bank to decide if they still allow me to serve the loan or they will take it back as i already bankrupt.

however my credit card or car loan and all, they will stop as i cant have it due to bankrupt rules. so they will settle the credit card for me using the monthly payment i paid to jim.

they will also communicate with all the bank i have loan or account with to inform them to collect any payment due to jim.

so i stop my credit card, car loan, however my house loan i still serve.

then on 2012, suddenly after i served my home loan for a year after bankrupt, then bank dont want to accept my payment anymore, they said their legal dept said this is not right.

they plan to take my house as well, so this has cause me big problem now. on which i decide that the only way to stop all this is by settle the issue fast. i have 3 months before bank start to serve me final notice about unpaid loan.

to be continue ...
*
Sometimes I wonder why so many people get into deeper and deeper problems when the initial problem was a small one. I suppose many simply chose to ignore the problem and refused to deal with it. What are they hoping for that would happen? That a debt is magically forgiven?

Instead of meeting with bank officers to renegotiate the loan or to visit AKPK, these people would just simply chuck away every letter from the bank that they have received.


empire177
post Aug 8 2014, 05:43 PM

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PLT = LLP?
davinz18
post Aug 8 2014, 05:54 PM

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QUOTE(empire177 @ Aug 8 2014, 05:43 PM)
PLT = LLP?
*
yup.

PLT = BM

LLP = English

Perkongsian Liabiliti Terhad = Limited Liability Partnership

This post has been edited by davinz18: Aug 8 2014, 05:56 PM
TSNeedGuidance
post Aug 8 2014, 06:31 PM

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QUOTE(Artus @ Aug 8 2014, 04:14 PM)
Sometimes I wonder why so many people get into deeper and deeper problems when the initial problem was a small one. I suppose many simply chose to ignore the problem and refused to deal with it. What are they hoping for that would happen? That a debt is magically forgiven?

Instead of meeting with bank officers to renegotiate the loan or to visit AKPK, these people would just simply chuck away every letter from the bank that they have received.
*
I personally think Malaysian need to educate themselves on proper financial planning. And even though I didn't blame my parents for what I'm going through, they are however in my eyes, are poor at financial planning. Our family, excluding me has this overly optimistic kind of mindset. They think that problems somehow, will easily solved (especially on our financial situation). I guess part of them are in denial that we're hitting rock bottom. I, on the other hand more of a realist. Hence thats why, I'm doing all the search for guidance and advices and do it all alone, because I know if I were to just rely on them, things will remain as it is, or worst.

And I think most people who end up being bankrupt, somehow started from a point where they never thought things will be as bad as this. Instead of ignorance, I think most of us simply unaware on how bad things can become from a simple financial issue.
TSNeedGuidance
post Aug 8 2014, 06:32 PM

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QUOTE(mrlonely78 @ Aug 8 2014, 11:55 AM)
ok here is my story..

i graduated on 2001, so after that, i help my parents refinance house, so my name become the main loaner while my mom as 2nd name.

in 2004, they stop servicing the loan, that time, the bank is southern bank. then southern bank bought by bbmb (bumiputra commerce), then to cimb.

so during this time, i dont know about this, even at 2009, i still can get housing loan on my own and 2010 a credit card on my own.

then i think end 2010, i try to get personal loan, so during this time, suddenly bank reject the application. than only i know about this unpaid loan on the property.

so i go to bank negara and print my ccris, and contact the bank and meet the offcer. i try to nego for them to allow me take charge to pay back on monthy installment, but bak said, cannot as this debt is too old already. so they ask me to pay lump sump of rm90k

the house bought only rm40k, but now need to pay rm90k. then the bank advised me to get someone to buy the house with a new loan, but no one able to do that. so i tell my parents and they promise to settle this.

so the issue left untouched until 2011, suddenly i see my bank account balanced become 0.

so i contact the bank and bank said, bank negara instruction to freezed my account and all my money paid to jim. they said i am bankrupt now.

so i went to jim. then they interview me, and etc, fill up declaration form how much to pay to them on monthly basis, income, expenses, loan i have, company i have etc.

they also telling me that the house loan that cause me bankrupt is now bank claimed at RM150k (with all interest etc).

during this time, jim said will not touch my own house (loan i start on 2009), as its only house i got, however, its up to the bank to decide if they still allow me to serve the loan or they will take it back as i already bankrupt.

however my credit card or car loan and all, they will stop as i cant have it due to bankrupt rules. so they will settle the credit card for me using the monthly payment i paid to jim.

they will also communicate with all the bank i have loan or account with to inform them to collect any payment due to jim.

so i stop my credit card, car loan, however my house loan i still serve.

then on 2012, suddenly after i served my home loan for a year after bankrupt, then bank dont want to accept my payment anymore, they said their legal dept said this is not right.

they plan to take my house as well, so this has cause me big problem now. on which i decide that the only way to stop all this is by settle the issue fast. i have 3 months before bank start to serve me final notice about unpaid loan.

to be continue ...
*
Thank you for sharing us your story. What happened next? Are your out from the predicament or still trying to solve it?
champu
post Aug 8 2014, 07:10 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 10:00 PM)
I could not thank you enough for your kind effort on guiding me. Looking forward to hear whats your friend going to say about this.

Local political parties? Is that even possible......  drool.gif
*
Another angle you may consider would be to speak with a rep or mp from a local political parties? Perhaps you can ask yr dad or any of your relatives who might know so and so. Its a long shot but you never can know unless you've exhausted all means.

From your responses so far, I'm guessing there's not a whole lot of communication going on within your family (correct me if I'm wrong). First thing to solve any problems is to start the communication lines open and plan them. Speak to your dad whom I assume was running things before this happens and find out what are his plans. The individual suing your company, is there possibility of out of court settlement to get him to withdraw the suit?

Please please warn your family never to get money from ah longs, I cannot stress them enough. My neighbour had to leave to his hometown in terengganu just to run away from them.

And remember, there is always an end to a problem, you just have to keep going and trust the higher power to get you through this hellhole.
Artus
post Aug 8 2014, 10:17 PM

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QUOTE(NeedGuidance @ Aug 8 2014, 06:31 PM)
I personally think Malaysian need to educate themselves on proper financial planning. And even though I didn't blame my parents for what I'm going through, they are however in my eyes, are poor at financial planning. Our family, excluding me has this overly optimistic kind of mindset. They think that problems somehow, will easily solved (especially on our financial situation). I guess part of them are in denial that we're hitting rock bottom. I, on the other hand more of a realist. Hence thats why, I'm doing all the search for guidance and advices and do it all alone, because I know if I were to just rely on them, things will remain as it is, or worst.

And I think most people who end up being bankrupt, somehow started from a point where they never thought things will be as bad as this. Instead of ignorance, I think most of us simply unaware on how bad things can become from a simple financial issue.
*
Your parents probably have never heard of Murphy's Law:

"Anything that can go wrong will go wrong."

If they have heard of that adage before, they would have registered a Sdn. Bhd. instead of an enterprise, and never have taken a very expensive loan. Personal loans are usually very costly and should not have been taken.


howszat
post Aug 8 2014, 10:47 PM

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1. Parents are ok financially, and leave you something (or a lot).
2. Parents bring you up, leave you not much. Find your own way. Neutral. Ok. Acceptable.
3. Parents clock up debt, and YOU have to pay for it. <bleep, bleep, words censored>

(3) should not happen really, but it does. mad.gif

KVReninem
post Aug 9 2014, 04:15 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 03:41 PM)
I've talked to the CFO and HR of the company I'm currently working with, and they've agreed to give me cash cheque for my monthly salary until I could resolve on this matter..

I was planning to visit JIM and to find a way to handle this, but I would like to think I'm still young and just to scared to face it alone.

And thats why I am asking for some guidance here at LYN..

Thank you for your reply. I'll ask the OA about the re-view of bankrupt status.
*
do not allow that to happen, when you are scared anything you thought or did not thought will take shape. be brave and ride it out flex.gif
mrlonely78
post Aug 9 2014, 04:28 PM

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Please see the jim. Otherwise You will never have the solution to get out of this ... Only jim can help you. Unless you have the money to pay the full amount to clear the debt ...
tabletman
post Aug 9 2014, 08:01 PM

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QUOTE(NeedGuidance @ Aug 8 2014, 06:31 PM)
I personally think Malaysian need to educate themselves on proper financial planning. And even though I didn't blame my parents for what I'm going through, they are however in my eyes, are poor at financial planning. Our family, excluding me has this overly optimistic kind of mindset. They think that problems somehow, will easily solved (especially on our financial situation). I guess part of them are in denial that we're hitting rock bottom. I, on the other hand more of a realist. Hence thats why, I'm doing all the search for guidance and advices and do it all alone, because I know if I were to just rely on them, things will remain as it is, or worst.

And I think most people who end up being bankrupt, somehow started from a point where they never thought things will be as bad as this. Instead of ignorance, I think most of us simply unaware on how bad things can become from a simple financial issue.
*
This I agree. A lot of people who I have knew that has gone bankrupt, does not understand how it is like to be bankrupt before it happened. More people should listen to others' experiences more so that they can learn from it and avoid making similar mistakes. In many cases it all started as a small problem with a relatively small debt.
berman517
post Aug 11 2014, 05:51 PM

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1. for your car - got somebody close (frens/relatives) to buy it over from you and repay them monthly. you x wan it to get towed away when you finished the hp service. A bankrupt x own property.

2. for your debt - seek jim IMMEDIATELY for clearer pictures/indications/solutions. It may let u know how & what to do & plan for your next 5 - 10 yrs.

3. your brother - small business to earn living is permissible.

In few years time with your brother & urs total income, to settle the 60k loan is easy as the money value depreciate.
satrianeo-x
post Aug 12 2014, 12:59 PM

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wow, i learnt a lot from this. TQ
topearn
post Aug 12 2014, 03:27 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
*

Who will want to marry a bankrupt ?

dkk
post Aug 12 2014, 03:46 PM

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QUOTE(topearn @ Aug 12 2014, 03:27 PM)
Who will want to marry a bankrupt ?
*
Rich bf. The debt is actually quite small. smile.gif
champu
post Aug 12 2014, 03:47 PM

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QUOTE(dkk @ Aug 12 2014, 03:46 PM)
Rich bf. The debt is actually quite small. smile.gif
*
I would.
Artus
post Aug 12 2014, 05:17 PM

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QUOTE(dkk @ Aug 12 2014, 03:46 PM)
Rich bf. The debt is actually quite small. smile.gif
*
It certainly looks like the family were ignoring the legal problems or else some negotiation with the creditors could have prevented the bankruptcy.


haziqnet
post Aug 12 2014, 05:18 PM

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do u have any asset that can be liquid? use that to get money and pay the debt...
nakedtruth
post Aug 12 2014, 06:11 PM

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QUOTE(mrlonely78 @ Aug 8 2014, 11:55 AM)
ok here is my story..

i graduated on 2001, so after that, i help my parents refinance house, so my name become the main loaner while my mom as 2nd name.

in 2004, they stop servicing the loan, that time, the bank is southern bank. then southern bank bought by bbmb (bumiputra commerce), then to cimb.

so during this time, i dont know about this, even at 2009, i still can get housing loan on my own and 2010 a credit card on my own.

then i think end 2010, i try to get personal loan, so during this time, suddenly bank reject the application. than only i know about this unpaid loan on the property.

so i go to bank negara and print my ccris, and contact the bank and meet the offcer. i try to nego for them to allow me take charge to pay back on monthy installment, but bak said, cannot as this debt is too old already. so they ask me to pay lump sump of rm90k

the house bought only rm40k, but now need to pay rm90k. then the bank advised me to get someone to buy the house with a new loan, but no one able to do that. so i tell my parents and they promise to settle this.

so the issue left untouched until 2011, suddenly i see my bank account balanced become 0.

so i contact the bank and bank said, bank negara instruction to freezed my account and all my money paid to jim. they said i am bankrupt now.

so i went to jim. then they interview me, and etc, fill up declaration form how much to pay to them on monthly basis, income, expenses, loan i have, company i have etc.

they also telling me that the house loan that cause me bankrupt is now bank claimed at RM150k (with all interest etc).

during this time, jim said will not touch my own house (loan i start on 2009), as its only house i got, however, its up to the bank to decide if they still allow me to serve the loan or they will take it back as i already bankrupt.

however my credit card or car loan and all, they will stop as i cant have it due to bankrupt rules. so they will settle the credit card for me using the monthly payment i paid to jim.

they will also communicate with all the bank i have loan or account with to inform them to collect any payment due to jim.

so i stop my credit card, car loan, however my house loan i still serve.

then on 2012, suddenly after i served my home loan for a year after bankrupt, then bank dont want to accept my payment anymore, they said their legal dept said this is not right.

they plan to take my house as well, so this has cause me big problem now. on which i decide that the only way to stop all this is by settle the issue fast. i have 3 months before bank start to serve me final notice about unpaid loan.

to be continue ...
*
Why suddenly can go bankrupt without notice? Do you update your contact with your bank?


topearn
post Aug 12 2014, 06:36 PM

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QUOTE(champu @ Aug 12 2014, 03:47 PM)
I would.
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U haven't even seen her face and yet U would want to marry her and help her settle her debts of maybe RM80K ? I've heard of love at 1st sight, but this is way beyond love at first sight.......
mrlonely78
post Aug 13 2014, 11:42 AM

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QUOTE(nakedtruth @ Aug 12 2014, 06:11 PM)
Why suddenly can go bankrupt without notice? Do you update your contact with your bank?
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no, i never update the contact, furthermore during the application, i am still young, so that is my 1st loan that time. the loan is for refinance house that bought by my parents, so i never bother about it. that's my mistake.
mrlonely78
post Aug 13 2014, 12:25 PM

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QUOTE(NeedGuidance @ Aug 8 2014, 06:32 PM)
Thank you for sharing us your story. What happened next? Are your out from the predicament or still trying to solve it?
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so the next step i did was, getting my mother to nego with the bank for full settlement at the lower amount.

Please take note that bank tried to auctioned the house for more than 3x, but no buyer at all, so our offer is pay full amount but lower, so bank agreed and give us 2 weeks to do the payment.

so we take that offer and clear it out.

once i get the settlement letter, i bring it to JIM to get the hearing date in court for my release. after a month, i got the hearing and court agree to release me after getting the consent from the bank.

so that's all what i have gone through.

now i am free from bankcruptcy for more than a year already.

pls take note, ctos record will still be there, so the release letter must be kept always.

cheers.
bearbearwong
post Aug 13 2014, 11:10 PM

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still a lot of ppl are bankrupt like age like you... lives goes on... remember try to get a discharge of bankrupt after 5 years, follow the insolvency rules clearly
mrlonely78
post Aug 14 2014, 05:48 AM

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QUOTE(bearbearwong @ Aug 13 2014, 11:10 PM)
still a lot of ppl are bankrupt like age like you... lives goes on... remember try to get a discharge of bankrupt after 5 years, follow the insolvency rules clearly
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the fact is, its not easy ... when i went to JIM, there are a lots of files that's still open, eventhough they have been bakcruptcy for more than 10 years, and some is dead some more .. so its better if you pay the full amount via JIM through higher installment amount or lump sum amount ...

furthermore, if you have your own family, that depends on you, owned a house, and most importantly, the banckruptcy its not your own fault, so better to get help from relatives or any, to pay the full amount. if 2 years its hard enough, i dont know about the 5 years ...

cheers.

bearbearwong
post Aug 14 2014, 07:45 AM

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QUOTE(mrlonely78 @ Aug 14 2014, 05:48 AM)
the fact is, its not easy ... when i went to JIM, there are a lots of files that's still open, eventhough they have been bakcruptcy for more than 10 years, and some is dead some more .. so its better if you pay the full amount via JIM through higher installment amount or lump sum amount ...

furthermore, if you have your own family, that depends on you, owned a house, and most importantly, the banckruptcy its not your own fault, so better to get help from relatives or any, to pay the full amount. if 2 years its hard enough, i dont know about the 5 years ...

cheers.
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yup.. 5 years was never easy, but when bad times come you just cant service all interests alone.. but once bancrupt.. all bank interest are capped at 6% max.. so a good news and doable payments in lump sums rclxms.gif
babykon101
post Aug 15 2014, 09:59 AM

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QUOTE(topearn @ Aug 12 2014, 06:36 PM)
U haven't even seen her face and yet U would want to marry her and help her settle her debts of maybe RM80K ? I've heard of love at 1st sight, but this is way beyond love at first sight.......
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Mana taw later looks like Joyce chu or sth?

1 mil loan i think he will also settle man.
Gullible guys everywhere. doh.gif
jwyong001
post Aug 15 2014, 02:15 PM

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I feel pity to u ts. there is nothing much i can advise here. however, should u need a listener or find somebody to rage, call me up.
yybryan
post Aug 16 2014, 03:40 PM

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QUOTE(NeedGuidance @ Aug 7 2014, 06:45 PM)
It's an individual that was previously my parent's client, he sued the company. Yet, it costs mine and my brother's name. I believe we can't directly nego and pay them directly, since I've already been declared. So I still need to go to JIM, no other option, tell me if I'm wrong..
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Hi,
I am a discharged bankruptcy too. I owe a bank on credit card outstanding for not more than 10k, bank do file legal action against me, but I leave it unattend, after nearly 9 years, my salary account was frozen by the bank, then I only know that, I was declared as bankrup due to that bank which I owe for the CC outstanding, it was become >30k after nine years. I have no choice went to see JIM, and made appointment for interview to declare our income and debts we have in hand. JIM agreed me to pay RM200 per month. After all the process done at JIM. I went to see the bank who sue me for bankrup and request them to reduce the amount to RM15k, bank agreed that and issue a letter of offer, and I bring the letter to see JIM again after few months. JIM agreed for me to pay RM15000 plus the administration fees which they will charge depend on the owning amount, mine was few k, not remember exact amount.

After few months later, I manage to get 15k to pay to JIM to clear the outstanding and I engage a lawyer (cost me around RM900), to file for discharge, within 2 months I was discharged.

This means that, you can try to talk to the one who sued you bankruptcy personally and request to reduce the total amount, once amount agreed, get a letter from this guy to pass to JIM, JIM will update the latest outstanding to be pay and you try to pay the amount asap then you will be able to get out from bankruptcy.

Please remember that, if you want to do this option, you don't report to JIM all your others outstanding owe to others creditors (bank), otherwise JIM will include all others creditors amount into your total outstanding need to pay.

you need to maintain the payment pay for your car and others personal loan instalment, otherwise it will bring all into one account which may will be bigger for you settle full amount in short period of time.

Forget the oversea study planning, unless your company subsidy you, then you will need a guarantor to guarantee you, you and the guarantor require to pay certain amount from 1k - 3k to JIM to get them release a letter to you to show to immigration to let you go (immigration will blocked bankruptcy ppl going onboard as instructed by JIM).

Please remember to pay your monthly JIM instalment in time while finding others solution.

hope my 5 cent help.



yybryan
post Aug 16 2014, 03:53 PM

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QUOTE(mrlonely78 @ Aug 13 2014, 12:25 PM)
so the next step i did was, getting my mother to nego with the bank for full settlement at the lower amount.

Please take note that bank tried to auctioned the house for more than 3x, but no buyer at all, so our offer is pay full amount but lower, so bank agreed and give us 2 weeks to do the payment.

so we take that offer and clear it out.

once i get the settlement letter, i bring it to JIM to get the hearing date in court for my release. after a month, i got the hearing and court agree to release me after getting the consent from the bank.

so that's all what i have gone through.

now i am free from bankcruptcy for more than a year already.

pls take note, ctos record will still be there, so the release letter must be kept always.

cheers.
*
Me too a discharged bankruptcy 18 months ago, very hard to get loan even after discharged as CTOS record still there even was put remardk "discharged" or "settled".

I got my house loan bank require a guarantor or joint applicant, my brother help me out to joint with me, but even I have quite stable and ok income, till today bank still don't want provide car loan to me without the guarantor.

to share with you that, there is a act called Credit Reporting Agencies Act 2010 which should be enforced 15th Jan 2014 but had delay to 15th Oct 2014. Under this act, credit reporting agencies like CTOS cannot include those records which already settled after 24 months from default, this include bankruptcy discharged. Means that from 15th Oct 2014 onwards, CRA like CTOS will need to remove/delete those record which already settled for more than 24 months.
just provide supporting docs to them. This act was control and monitor by ministry of treasury. if CRA did not comply the act, they can be fine for 500k or jail. This actually is good news to those ppl who had cleared their debts but still suffer due to CTOS still keep the old records.


WHITE ACE
post Aug 16 2014, 06:24 PM

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Bankrupt is no big issue if you have family members or wife to back you up.

You may strikes back one way or another. The only way to get out of this is to DO BUSINESS OR INVESTMENT.

Example, you may use International Debit Card to evade all hassle. You just fund that card by your overseas investment profit.

 

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