Welcome Guest ( Log In | Register )

Outline · [ Standard ] · Linear+

 25 and Bankrupt (I need guidance)

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

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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.
TSNeedGuidance
post Aug 7 2014, 12:36 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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.
TSNeedGuidance
post Aug 7 2014, 12:41 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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.
TSNeedGuidance
post Aug 7 2014, 12:42 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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.
TSNeedGuidance
post Aug 7 2014, 12:49 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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
TSNeedGuidance
post Aug 7 2014, 02:26 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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.
TSNeedGuidance
post Aug 7 2014, 03:48 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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?
*
Renting a room now to be precise. Yes I really do need my car, to commute to work, unfortunately..
TSNeedGuidance
post Aug 7 2014, 06:27 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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..
TSNeedGuidance
post Aug 7 2014, 06:43 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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..
TSNeedGuidance
post Aug 7 2014, 06:45 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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..
TSNeedGuidance
post Aug 7 2014, 09:45 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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.

TSNeedGuidance
post Aug 7 2014, 09:48 PM

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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

New Member
*
Junior Member
26 posts

Joined: Aug 2014
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.

2 Pages  1 2 >Top
 

Change to:
| Lo-Fi Version
0.0223sec    0.60    6 queries    GZIP Disabled
Time is now: 16th December 2025 - 06:00 PM