Thursday, December 17, 2009

Credit Card and Bankruptcy in Malaysia

Bankruptcy

According to the Malaysian law, you can become bankrupt when the outstanding sum involved is RM30000 (previously it was RM10000) or more with a default period of six months or more. Defaulting on credit card payment is among one of the ways to be bankrupt.

Among others, being bankrupt, you cannot


• Hold any public office without the approval of the Director-General of Insolvency Malaysia (DGI)
• Pursue and court action without the DGI’s permission
• Leave the country without the court’s or DGI’s permission. The DGI will hold your passport.
• Be a company director or carry out your own business or be involved in the management of a company without the court’s or the DGI’s approval.
• Be involved in the management of a company or be an employee of a company that is owned by your spouse or close relatives and their spouses
• Be a committee member of any registered body.
• Open a bank account without the approval of the DGI


A bankrupt can work but he or she has to leave a certain percentage of his or her income to the DGI to repay debts. A person can be discharged from "bankruptcy" when he or she has settled debts in full.

The sensible way to avoid being bankrupt is to pay your credit card bills fully and promptly every month upon receiving their statements.

The following is an extract from MyPF:

Malaysia Bankruptcy Law Updates

Malaysia’s bankruptcy laws receive an update in March 2017. Here are the key updates.
  • The minimum to be declared bankrupt is raised to RM50,000 (from RM30,000).
  • Social guarantors can no longer be declared bankrupt. Social guarantors provide guarantees to loans such as educational loans, hire-purchase loans, and housing loans which they are not beneficiaries of.
  • Automatic discharge of bankruptcy after three years, subject to good behavior including making payments towards your debt and submitting a full accounting of your monies and properties (previously 5 years and subject to Director General of Insolvency’s approval).
  • A debtor may propose a voluntary arrangement to his creditors any time before he is adjudged bankrupt.
  • A bankruptcy notice needs to be served personally to a debtor.

235 comments:

  1. Hi, my name is John. Seeking for your expert advice regarding the credit card & bankruptcy law in Malaysia.

    Eg. If someone owe the credit card company RM20,000, and after certain periods, it is now he owe the credit card company RM33,000 included all interests .

    So, Can the credit card company file the bankruptcy lawsuit against the default card holder?

    Your advice on this matter is highly appreciated. TQ.

    ReplyDelete
  2. The person needs to make arrangement to settle the outstanding amount or reduce it to less than RM30,000. The credit card company is now in a position to initiate bankruptcy proceedings against the card holder (interest included).

    ReplyDelete
  3. Hi,
    I have a question. Due to my bad financial status and jobless for many times, I was not able to pay my credit card debt since 2002. My last balance amount to settle at that time was about RM2000. But recently the bank called me and said that I owe them RM39,000. So far I've never made any payments since year 2002. Can they proceed to bankrupt me?

    ReplyDelete
  4. The bank can initiate bankruptcy proceedings against you. Please get free and professional help from

    Credit Counseling and Debt Management Agency at

    http://www.akpk.org.my

    ReplyDelete
  5. Hi,
    I have faced a bad financial status now and l unable to pay my credit card minimum payment as well as my personal loan with 2 bank, is any others best solution to negotiate with the bank or now have agent to recommed me the EPP plan solution, is this work? Thank you for your advice.

    ReplyDelete
  6. Please talk to your bankers to make new arrangements for the repayment of your loans. At the same time visit your card issuer as well to let them know your predicament and ask for help.I hope you can get out of the bad situation as soon as possible. Please let me know the outcome.

    ReplyDelete
  7. hello there, i just need to ask; since i am jobless now, i failed to pay min amount for my credit cards for 3 months. but the debt is just around RM900 - RM6k each. Will the bank declare bankruptcy to me? Only this year i have issues with the payment since i am jobless. please help to advice. thank you.

    ReplyDelete
  8. As long as the amount does not exceed 30K from the same financial institution, it will not initiate bankruptcy proceedings against you.

    Please seek help immediately from Credit Counseling and Debt Management Agency at http://www.akpk.org.my as soon as possible.

    ReplyDelete
  9. Hi. This is my scenario. My bro in-law has some c/cards debts. He has a house, joint name with my sis, house loan under my sis's name only (i dont know why). If the bank sues him bankrupt, does it affect the house? What will happen to the housing loan? Hope you can advise. Thank you very much.

    ReplyDelete
  10. The answer is yes and no. Yes, because your brother-in-law owns half the house. No, because the house has aready been charged to the bank to secure your sister's housing loan. Your sister just need to continue paying the monthly instalments.

    ReplyDelete
  11. i couldn't service all my loans and was jobless for awhile. even when i had a job last time i couldn't pay all my installments. now i found a job outside the country and had stopped servicing my loan comepletely. if i becomes a bankrupt, and when i return and work, will my existing savings account still be active for salary bank in purpose or it will be frozen? thanks.

    ReplyDelete
  12. When you are a bankrupt, your exisitng savings account will be closed and the money transferred to Bank Negara.

    ReplyDelete
  13. Hey I'm Lee
    I have two credit card that is total amount abt 14k
    N I am trying my best to make the payment but I am jobless now
    Since 5month start I can pay my minimum payment
    And I have received a letter from kl court asking me to attend court
    Will I be charge bankrupt ?!

    ReplyDelete
  14. No, because it is less than 30K. Please get help form Credit Counseling and Debt Management Agency at http://www.akpk.org.my as soon as possible.

    ReplyDelete
  15. Hi, I am Su. I have owe the credit card 10k, but I have find out the bank charges me now is 33k. The bank never called me since 4 yr ago. I have updated the data and I also have leave message to the banker but I am keep waiting the bank called me back for payments.

    6 months ago got 1 indian come my house saying he is an bank agent, I also leave message ask the banker called me but is not. I always received from many diffrent indian guy and keep ask me paying money. I am courious go bank find the answers, I was shot my account was sold??

    ReplyDelete
  16. Please do these two things:

    1. Go to the bank and find out the actual situation.Please ask the bank to reduce the interest charges and settle the debt in installments.

    2. Go to the nearest office of Credit Counseling and Debt Management Agency at http://www.akpk.org.my as soon as possible. They will help you for free.

    ReplyDelete
  17. Dear Mr Chua,
    You are a life saver. I have been very worried for my sis who called me this morning to say that a debt collection ageny rang her for credit card payments of about RM8000 which she has not paid for about 8 months. I am happy to know the bank cannot press her for bankruptcy but can you please advise me oon what the consequences can be for her please? thansk so much..!

    ReplyDelete
  18. Please pay a visit to the bank and make arrangement to settle the outstanding amount by installments. Do not allow the amount to snowball. If you need further professional help please go to the nearest office of Credit Counseling and Debt Management Agency. Check it out at http://www.akpk.org.my.

    ReplyDelete
  19. Can a person who is going to be sued bankruptcy transfer his house share (50%) to his wife (now is jointly named with his son) so that the bank will not frozen / auction his house in the event he is successfully sued? His credit card debt is close to 100k but still paying min payment monthly. He is turning 70 yrs so he doesn't mind declaring bankruptcy but he's worrying about the house they are staying which is still under his name & his son's name. Please advice, thank you so much.

    ReplyDelete
  20. Please do it before the bank takes action.

    ReplyDelete
  21. Hi,I am Khoo.Currently i owe my credit card for around 600k. If i go bankrupt now, what will happen to my wife and kids? Will my wife go bankrupt also?

    ReplyDelete
  22. It will not involve your wife and your children.

    ReplyDelete
  23. hi charles, i am a foreigner, got 4k balance and possibly will get higher the next month. how long will it take for the bank issuer to issue a bankruptcy to me and what are the possible case they can file? Can I still go back to my country and go back here again? please enlighten me. thanks in advance..

    ReplyDelete
  24. The bank can take bankruptcy proceedings against you when the amount is 30K or more. It does matter if you are a foreigner. Mostly likely you can travel freely using a foreign passport. Please refer to these links: http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-2000.htm. and http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-81.htm

    ReplyDelete
    Replies
    1. thanks charles,would it be possible if I just ask the issuer to cancel my card and pay the balance in installment? if yes, what is the process?

      Delete
  25. It is a wise move. Please arrange with the issuer as soon as possible.

    ReplyDelete
  26. Hi Charles. I am having bad credit card debts totalling RM300K.I am an existing customer of AKPK for almost a year now. I am a business woman and lately I feel the monthly inatalment RM2500 is a burden to me due to my high commitment. I have negotiated with AKPK for a lower monthly instalment but look like this will not be possible since according to them the amount is very much lower from what I have to pay. Due to this, look like if I have to declare bankruptcy, what actions should I take to avoid my assets been frozen. Currently, my family and I are staying in a house which its bank loan account is under my name. We have a car still on bank loan which is also under my name. Just to let you know, I have two grown-up children. Can I refinance the assets using their names?

    ReplyDelete
  27. Yes, you can transfer and refinance your assets but you need the consent of the financial institution. The person to be transferred must be credit worthy and he or she is able to meet the monthly commitments

    ReplyDelete
  28. Hi Charles, I am foreigner who used to lived in KL and moved back to my country 6-7 years ago. I did not pay my credit card RM5000 too at that time. Also I think bank have already sue me for bankruptcy after I leave KL 7-8 month. I have plan to visit KL within 1-2 months. Will be any problem for me with immigration people at KLIA both in and out Malaysia. I so worry about it.

    ReplyDelete
  29. I don't think there is a problem. You can travel freely In Malaysia. Please refer to my comment dated August 1, 2012 and check out the links.

    ReplyDelete
  30. Hi Charles, I have a situation that I owe my credit card RM33,000.00. I just rec a notice to attend court. My housing loan is under me and my husband and my car loan is under my name. Does the bank have the right to take away my properties as I am staying at the property. Will I be declared banrupt. If yes, will this effect my husband and my children. I just don't know what to do

    ReplyDelete
  31. I do not know what the notice is about. The best thing for you to do is to approach the bank and negotiate for a settlement by monthly installments. You can also get help from AKPK for free.

    ReplyDelete
  32. Hi Charles, I have a sibling who owes a lot in the credit card debt, my sibling owes from few banks. I would like to help my sibling, but the question is i have no idea how much my sibling owed in total (from which banks) and i'm afraid my sibling has more debts than i'm aware off, is there a way i can find out how much in total my sibling owes (from every bank)?

    Thanks in advance.

    ReplyDelete
  33. Please ask your sibling directly.He or she will be touched by your kindness. Banks will not reveal personal matter to third party.

    ReplyDelete
  34. Hi Charles, thanks so much for your reply, i appreciate it.

    ReplyDelete
  35. Hi. Charles, This is my scenario. My bro in-law has some c/cards debts. And we share the house, and we was having this house under joint name between he and me and same to house loan. If the bank sues him bankrupt, does it affect the house? What will happen to the housing loan? and will effect me? Hope you can advise. Thank you very much.

    ReplyDelete
  36. This comment has been removed by the author.

    ReplyDelete
    Replies
    1. According to banking sources,when the bank takes bankruptcy proceedings against your brother-in-law, it may recall the loan,auction the property and give you your share of the proceeds and use the balance to offset his outstanding credit card debts.

      Delete
  37. Hi i am wondering if let say one day i have settled all my CC debts amount, will the bank cleared me from the blacklists / bankruptcy list? How long will it be to be totally free from blacklist or bankruptcy, 6 months or 1 year or 5 years? Am i able to apply and use back a credit card after that as well as applying loans such as personal and home loan? Regretted when i was young have spoiled own credibility. I wish to clear it up and be a new person again, thanks

    ReplyDelete
  38. Please settle all your outstanding debts and get a copy of your credit report from the Credit Bureau of Bank Negara Malaysia. It is housed in a computerized database system known as Central Credit Reference Information System (CCRIS).
    Please read my article: Credit Report @ http://www.creditcardlighthouse.com/2009/12/credit-report.html.

    ReplyDelete
  39. Hello Mr. Charles, I would like to ask:
    I owed 3 C/Card debt + 1 Personal loan and been paying for all time except 1 card. The c/c centre that I tried to contact always non reachable, and non of their exec. contacted me either for almost half year. Until recently, I received a call from that particular c/c agent telling me that I need to pay half of the debt in order not to persue legal action. I owed that particular card 10k and my total debt is almost hit the spot. If that c/c centre persue legal action against me, will my other c/c also do the same? and what action they will take against me? Hope for you sound advise thank you.

    ReplyDelete
  40. Please get professional help from Credit Counseling and Debt Management Agency. Check it out at http://www.akpk.org.my. The agency will help your for free.

    ReplyDelete
  41. hi sir charles, can you please explain this a bit more to me, thanks "According to the Malaysian law you can become a bankrupt when the outstanding sum involved is RM30000 (previously it was RM10000) or more with a default period of six months or more. Defaulting on credit card payment is among one of the ways to be a bankrupt. ". currenly my total balance is 6.4K my limit is upto 6k only.

    ReplyDelete
  42. When the amount you owe the bank has reached 30k or more (including interest) and it has been outstanding for six months or more, the bank can take bankruptcy proceedings against you. Please settle the outstanding amount as soon as possible because more and more interest will be added to the outstanding amount of 6.4K.

    ReplyDelete
    Replies
    1. hi sir charles, as much as I wanter to pay, I cant coz currently I dont have a proper job by the way I am a foreigner. can I still go back to my home country and go hear once im financially stable? will this amount be the cause to hold me like for example immigration? I have no plans of running but i dont have the capacity to pay right now. thanks for the reply on my previous post.

      Delete
  43. Though your movement in and out of the country is not restricted,your reputation and credit worthiness is at stake. Do what you can.

    ReplyDelete
    Replies
    1. hi sir charles, can u give me advise on how to settle my debt the best way. should i call the bank and request for a staggard payment? will they allow me like 6.4k rm in 2-3 years. should i aslo inform them to deactivate my card? thanks for answering my previous queeries.

      Delete
  44. You have made a wise decision. Please go to the nearest office of Credit Counseling and Debt Management Agency. Check it out at http://www.akpk.org.my. They will be able to assist you professionally free of charge.
    Best regards.

    ReplyDelete
  45. thanks charles again for the swift response. by the way a friend of mine told me that there is a case a debtor is imprisoned because of defaulting his/her credit card, how true is it? how will it come to a situation like this? thanks

    ReplyDelete
  46. Please read this article: Can you end up in Jail for non-payment of your Credit Card Debt? @
    http://www.fairloanrate.com/can-you-end-up-in-jail-for-non-payment-of-your-credit-card-debt.

    ReplyDelete
    Replies
    1. hi charles, the link you provided is for US right? is it the same here in Malaysia?

      Delete
  47. Please read Section 28: [PDF]
    LAWS OF MALAYSIA - Attorney General's Chambers
    www.agc.gov.my/Akta/Vol.%208/Act%20360.pdf

    ReplyDelete
    Replies
    1. hi charles, thanks! i will check on this. more power!

      Delete
    2. Hi charles, I have read below on the internet. will this also apply for foreigners/expats?

      "What Does It Mean To Be a Bankrupt?
      When a person has declared bankruptcy, the court will appoint the Director General of Insolvency (DGI) to administer over the bankrupt’s assets in order to settle the outstanding debts. The DGI will initiate an investigation to find any assets or properties that belong to the bankrupt and to sell or dispose them to repay the creditors.
      For a Malaysian, being a bankrupt is tough for the individual. Among other things, the individual faces the following hurdles or restrictions:
      - He has to give up all his belongings and assets.
      - He is not allowed to open a bank account without the approval of the DGI.
      - He is not allowed to travel outside from the country without first getting approval from the DGI or the court. The DGI will hold his passport.
      - He is not allowed to do any business nor become a company director nor even be part of the company’s management.
      - He has to sacrifice a certain percentage of his monthly income to the DGI to repay his debts.


      Read More http://kclau.com/wealth-management/bankruptcy/"

      Delete
    3. Please read this: Can a foreigner be made bankrupt in Malaysia? @ http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-81.htm

      Delete
  48. This comment has been removed by the author.

    ReplyDelete
  49. More interest will be added to your outstanding amount. When the amount reaches 30K, bankruptcy proceedings will be taken against you.

    ReplyDelete
  50. Hi Mr Charles,
    I owed 6 banks a total of 400K..and all banks except one willing to give me another few months to sorts our the business..this bank has now file bankruptcy against me..I plead for RM100 monthly until Dec and then can probably pay 5K a month till full settlement of 40K..they refuse..is it fair and can I contest the case ..not about the amount but the unwillingness to give some time..although they had waited already a year..

    ReplyDelete
  51. Please get professional help from Credit Counseling and Debt Management Agency as soon as possible. Check it out at http://www.akpk.org.my. and go to their nearest office. The agency will help you for free.

    ReplyDelete
  52. Hi Charles,

    I am a concerned daughther trying to help her dad. My dad owes a few banks and due to poor business has been having trouble making repayments. He has proposed a reduced payment plan till business picks up and all the banks have grudgingly accepted it except for one bank with the comparitively lowest owing amount of 40k. They have started bankruptcy proceedings and my dad just received a letter on the 22nd of october to attend court on the 17th of october! yes, what?? That is a separate issue I need help look into ( i am overseas and helping my dad do research )

    My dad has an overdraft using his house with another bank that he has been making teh minimum repayment. Can the bank that is filing for bankrutcy touch his house that is used as overdraft to another bank? What if my dad transfers the house to my name?

    Really appreciate some advice!

    ReplyDelete
  53. In a bankruptcy, the bank which has granted the overdraft may ask for full settlement of the outstanding amount. Failing which, the bank may auction the property to settle the bank loan. The balance of the proceeds will hand over to the bankruptcy department.You have to get approval from the bank to transfer ownership of the house.
    Please take note that the transfer of assets more than 5 years before a person becomes a bankrupt is exempted from the claim of the Director-General of Insolvency Malaysia

    ReplyDelete
  54. Hi ,

    What will be happend if my wife declared bankrutcy , housing loan is joint name. please advise

    ReplyDelete
  55. The bank may recall the loan.If you are unable to settle the loan in full, the bank may auction the house to cover the loan. The balance of the proceeds, if any , will hand over to the bankruptcy department after deducting your share, usually 50%.

    ReplyDelete
  56. Hi Sir , I already defaulted my cc and personal loan for half years , one of my personal loan amount was 29k , I'm just just get back from accident , once i found a steady job , I will approach AKPK, I just need some time Stable, and how long they will sue me bankrupt if I continue default ? Tq

    ReplyDelete
  57. As soon as the outstanding amount including interest reaches 30k, the financial institution is in a position to take bankruptcy proceedings against you.

    ReplyDelete
  58. Just wanted to ask, 30k is per bank or lum sum?

    ReplyDelete
  59. Hi Charles, My friend (about 51yrs old) owing few cc from diferrent bank which total more than 100k. He is currently working oversea as general worker to support his family. He does not have any asset. Recently received a letter from jabatan insolvensi malaysia that a bank want to sue him bankcrupt. If he is sued bankcrupt, can he still come back malaysia and fly oversea to continue his work? Will his EPF money frozen when he reach 55yrs old?

    ReplyDelete
    Replies
    1. Please check out the following:
      http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-1911.htm

      Delete
  60. Hi Sir charles, I have a cc debt now total is 6.9K myr. havnt paid since Sept 2012.I went back already to my home country. Can I still go back to Malaysia? What are consequences of not paying since I still dont have the capacity.Thanks.

    ReplyDelete
  61. You still can come back to Malaysia (refer http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-1911.htm ).
    Please be informed that when the amount reaches 30K ( interest included), bankruptcy proceedings will be taken against you.

    ReplyDelete
    Replies
    1. Hi chua, I had owed 2 banks about 13k each 10 years ago. Summon had been issued against for the qbove figures too. I was not able to pay then but recently my financial got better. I called to pay for it but the banks said it is no longer 13k, instead it is 70k no2. I dont know what to do now. Can ask argue that the interested should stopped as the judgement and I only pay the defaulted amount? Pls advise. Thx so much.

      Delete
  62. Please call AKPK's toll free hotline: 1-800-88-2575 or visit any AKPK office nearest to you for an appointment.

    ReplyDelete
  63. Hi Mr.Charles,
    Seek for your advice for my uncle's case. He was unable to work since 1 years ago because health problem. And he have a uncleared credit card debt since 3 months ago with bank A.he withdraw from EPF & EPF have issue a cheque stated his name. So if he credit the cheque into bank B, will it be frozen directly? He haven't been declare as bankrupt yet. Seek for your advice. Thanks.

    ReplyDelete
  64. Go ahead and deposit into bank B. In fact your uncle can do what he likes financially because he is not a bankrupt.

    ReplyDelete
  65. after 3 months non payment for c cards, i was told by bank card benefits revoked and cancelled and legal proceedings follow. On Month 4 i decided to do full settlement . Will it save me from court hearing? will i able to get my cards active back? pls advise sir charles

    ReplyDelete
    Replies
    1. Please go to the bank and mention that you wish to settle the outstanding amount fully. Ask for a discount and request for your card to be reactivated. Good Luck to you.

      Delete
  66. hi sir charles. i had few credit cards and 2 personal loans debt. it was issued to me in 2008. later in 2009 i stopped paying the bank because i got married and pregnant and due to pregnancy's bad allergy, i couldn't work. and until now i didn't pay any single cent to the banks. now, only my husband is working, so we couldn't make the effort to pay out the debt. and i don't even know wether i'm declared bankcruptcy or not. i've checked my status at BNM, but they said couldn't detect or something like that. so, my question is:
    1) how long will it take to be declared bankruptcy
    2) can i still leave the country even for a short vacation
    3) can i still renew my passport

    thank you in advance for your reply.

    ReplyDelete
    Replies
    1. You can become a bankrupt when the outstanding sum involved is RM30000 (previously it was RM10000) or more with a default period of six months or more. As a bankrupt, you cannot leave the country without the court’s or DGI’s permission. The DGI will hold your passport.

      Delete
  67. I was doing business and i took hire purchase loan in 1996. Was not able to pay and the loan has changed to few banks and now its with HLB that what i heard. I have a bankrupt proceeding handled by the banker's lawyer, the amount is not mistaken RM3K.. ++ we tried to pay but he refuse to accept and asked us to see the bankers which we did, we are not able to settle the amount. I not able to open any account in any banks and i still working... Where do i go and check my status and also who can i get help from as i have 2 school going kids ... and i need to work for a living

    ReplyDelete
  68. Please call AKPK's toll free hotline: 1-800-88-2575 or visit any AKPK office nearest to you for an appointment.

    ReplyDelete
  69. Hi Sir, I want to ask you on behalf of my friend. He is a foreigner and he has a debt with his CC on 2008 amounting to Rm9k++(i think it has increase including with the interest). also he has bought a car and I am his guarantor. On 2010 he went back to his country and did not able to pay his CC due to jobless and no income to make payment. In the car matters, I 'll pay on behalf of him and the car still with me.Now he want to come back to M'sia and find a job here.Does he can he enter and exit M'sia freely? Imigration officers will not stop him when he arrived in airport M'sia? Thank you for your reply.

    ReplyDelete
    Replies
    1. According to the Malaysian law you can become a bankrupt when the outstanding sum involved is RM30000 (previously it was RM10000) or more with a default period of six months or more.
      I hope this link is helpful to you: http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-1911.htm

      Delete
  70. Hi mr charles chua,
    Im currently live in england for nearly 7yrs now. Married to an european guy and will get PR in a few years. My problem is i had a credit card debts which i forgotten about it. A man from a bank called to my mum asked to pay the debts and threaten my mum he could seize my mum house if no payment made. The debts is now 43k after 8yrs. The principal amount was about 4k. Can the debts reach 43k in 8yrs? And he even mention about if this case go to court they can stop my passport and my account here in england. Is that true? I wonder why they did not looking for me earlier or sending any letters on this matter. How about time barred? Can they still ask me to pay even after 6yrs?
    I have a family here and may not coming back to malaysia for good but i still want to go bak to malaysia for holiday but due to this problem im afraid that they can stop me flying back to england. Please advise on this matter. Thank you.

    ReplyDelete
  71. Please ask your mum to visit the neareast AKPK office. The service is free.

    ReplyDelete
  72. Hi Mr. Charles,
    Seek for your advice for my case. Currently, only my wife name is serving housing loan. But the S&P name is 3 person name which is myself, my wife and my mother. Let's say if a bank sues me bankrupt successfully, will they be able to recover the 1/3 house under my name? I have no car/bike under my name, all has been sold off. Thanks for advice.

    ReplyDelete
  73. The bank may recall the loan.If the loan is not settled in full, the bank may auction the house to cover the loan. 1/3 (your share) of the proceeds will hand over to the bankruptcy department.

    ReplyDelete
  74. Hi Mr. Charles, thanks for your reply. They can do this even the housing loan is not under my name? So how to avoid it. Is it that I need to cancel my name on sharing the house ownership, then the house owner will be under my wife and my mother only, then it will be safe right.

    ReplyDelete
    Replies
    1. Go ahead and transfer the ownership of the house to your wife and mother.

      Delete
  75. Hi Charles, I was jobless due to cancer and unable to pay my credit card outstanding for 2 years. The bank sued me for bankruptcy lately. I wish to know how long the whole process takes to actully become a bankrupt. How can I know whether I still can travel and how can I check with immigration? Thank you.

    ReplyDelete
  76. Please get help from the nearest AKPK office (http://www.akpk.org.my) as soon as possible.

    ReplyDelete
  77. Hi Mr Charles, my eldest brothger owed bank RM60k for his credit card and car loan (he didn't make payment for about four months). He has a house join name with my 2nd brother but the loan is under 3 of our names. We are going to sell this house and request a redemption letter from bank. Now the problem is the bank included the above mentioned RM60k into the house loan outstanding bal. In fact this house even under my eldest bro name but he didn't contribute any cent into this house as I'm the person who pay the monthly installment thru auto debit system. This is not fair to me as I have to bear his debt. The house we sell RM140K, the house loan outstanding is RM60K if plus my eldest bro debt RM60K, there is no point I sell the house as not much money I get back.
    1) What can I do if I not agree to pay this RM60k.
    2) If let say my eldest bro declare bankruptcy due to uable to pay his car loan and credit card, will the bank frozen or auction this house?
    3) If the bank auction this house, will it effect my 2nd bro and me? As I heard that once bank goes to auction the house, our names will became blacklisted.
    Thank you

    ReplyDelete
  78. If the house is in the name of your eldest brother, there is nothing you can do about it.The bank may recall the loan,if the loan is not settled in full, the bank may auction the house to cover the loan. If it is legally and jointly owned by three of you, you and your second brother will get back 2/3 ( 140K - 60K/3*2) or about 53K of the proceeds.

    ReplyDelete
  79. Hi Charles,

    I had defaulted the credit card payment (less than 9K )from Bank A for 6 months due to unemployment for 1 year. Recently I found a job and coincidently my salary is being credited to Bank A. I was distracted that Bank A hold my salary ( I cant perform any withdrawals ). I will enrol myself at AKPK. What can the AKPK do to help me so that Bank A release my salary? Desperately need your expertise. I need the money to survive and pay car installment...etc

    ReplyDelete
  80. I am glad that you have approached APPK. Their counsellors are experts in debt management. Please work with them to solve your financial woes.

    ReplyDelete
    Replies
    1. Can AKPK help me to unfreezed my savings account with Bank A? Can Bank A debit all my savings for the settlement of my default credit cards WITHOUT MY CONSENT?

      Delete
  81. Does the AKPK counsellor able to talk to Bank A
    to unfreezed my saving account? I am worried if Bank A withdraw all my salary for credit card settlement without my consent?

    ReplyDelete
  82. Do you think you can negotiate directly with Bank A to deduct from your salary an amount monthly which is comfortable for you so that you can carry on living financially?

    ReplyDelete
    Replies
    1. Bank A wants me to settle full amount of less than 9K but I disagreed with their terms.They are calling everyday and threathen me as well. Do you think AKPK able to talk to Bank A to unfreezed my savings?

      Delete
    2. Please answer my concern.

      Delete
  83. AKPK should be able to assist you. Their counsellors are professionals in debt management. Please go ahead.

    ReplyDelete
    Replies
    1. Thank you Mr. Charles for your kindness replies and assistance.

      Delete
  84. im now is bankrupt..coz of jadi guorantor under my husband company on hire purchase.Did i still need to pay my personal loan and my credit card?

    ReplyDelete
  85. Hi charles , actually I have credit card from am bank 4 months haven't pay now they want me to pay 1590rm, and there is one man came to my house nd he said if u won't pay the bank will do legal action, can I know wht is the legal action that bank able to do, by the way I have 2 more cars loan bt other bank, every month I paid for the cars there is no problems , if I won't pay for my credit card they can take my cars and tq very much

    ReplyDelete
  86. It will not affect your two car loans. Please negotiate with the bank to pay by monthly installment for the outstanding credit card.debt. You can also visit the nearest AKPK office (http://www.akpk.org.my). One of their counsellors will be able to deal with the bank on your behalf.

    ReplyDelete
  87. Hi Charles,

    My credit card acoount was due for six months ++ and the bank had called me to make settlement with the amount of 8k. And i manage to make full settlement in less than 4 months. What bothering me is will i be able to make housing loan, car loan, any other loan or even apply for a new credit card in the future since of course it'll shown in the record that i got bad payment record in the past.
    Please advice. Thank you.

    ReplyDelete
  88. It is in your favor that you have settled the outstanding amount in full. Please keep the documents in a safe place. When you apply for a loan or a new credit card in future you will be able to show evidence that your are a creditworthy person.

    ReplyDelete
  89. Hi, Charles,
    My credit card account is more than 30K and owes bank some loans. I own a house. I can settle the bank loans but can't do so for the credit card. If I transfer the house to my son before declare bankruptcy, will the debtor go after the house. Please advice. Thank you

    ReplyDelete
  90. Please settle all bank loans as soon as possible and transfer the house to your son. As for your credit card debt, go the the nearest AKPK office (http://www.akpk.org.my) to seek professional help. There is no cost involved.

    ReplyDelete
  91. Saya mempunyai cc dari eonbank (kini dimiliki oleh Hong Leong bank) yang dihadkan kepada Rm3000..dalam tahun 2000...kehidupan pada masa tersebut begitu rumit sehinggakan saya tidak mempunyai upaya untuk membayarnya kembali...kehidupan amat susah dan berbagai perkara yang telah terjadi..dan saya juga pernah dimasukkan ke wad HKL psykatri pada tahun 2005 akibat tekanan hidup yang melampau serta mempunyai surat bersumpah (Surat berada pada orang yang mengangkat sumpah tersebut) dengan kaitan penyakit Mental Psycosys..setelah 13 tahun berlalu..dan pada tahun 2014,..isteri saya dikejutkan dengan panggilan dari individu yang bertanya kepadanya mengenai nombor teleponnya dengan dikaitkan dengan nama saya dan dikatakan dari institusi kewangan dimana saya pernah memiliki Credit Card yang tidak dilangsaikan.
    Apabila saya menghubungi Bank tersebut untuk bertanyakan status Credit tersebut..mereka mengatakan untuk membuat Full settlement saya perlu membayar Rm42,000.00...saya mengatakan kepada pegawainya...gila ke nak bayar banyak tu?..hutangnya tak sampai Rm3,000.00...selepas 13 tahun..kena bayar Rm42,000.00...simpan rm3,000 dalam bank selama 13 tahun tanpa berbuat apa-apa pun belum tentu dapat faedah sebanyak tu!..

    Pertanyaan saya...apakah status saya sedemikian???..ianya amat merunsingkan..saya telah berumur 42thn dan saya baru nak merasai hidup yang sebenarnya dalam 3-4 tahun kebelakangan ini dan baru nak menyimpan berdikit dikit untuk masa depan anak-anak melalui kerja sendiri..(saya tidak diterima berkerja dengan mana-mana syarikat kerana Rekod Perubatan)....

    Ada sesiapa yang dapat memberi sedikit pandangan bagai mana untuk membuat settlement dengan pembayaran minima dan apa yang sepatutnya saya lakukan..

    terima kasih..

    ReplyDelete
  92. Please go to the nearest AKPK office (http://www.akpk.org.my) as soon as possible. Their counsellors are experts in debt management. They will help you for free.

    ReplyDelete
  93. hi,

    i owe 2 bank each is 15k?initial was 4k and 3k now one is 14k and 15k...can they bankrupt me
    thanks...

    ReplyDelete
  94. No, the outstanding sum should be RM30000 in each case. Please seek assistance to manage your debt from the nearest AKPK office (http://www.akpk.org.my).

    ReplyDelete
  95. Hi Mr. Charles, greetings and good day to you. I am a government officer ( Pengurusan & Profesional U41). Basically my salary is RM 5000 and my take home pay after deduction is RM 1500. The loans were taken earlier to settle my debts, study loan and to help my family. At the moment I am having very hard time to make ends meet. Two years back I took loan for RM6000 from Aeon credit and restructured my credit card payment for RM 11000 from the same establishment. I have defaulted payment for 4 months and they have issued a lawyers notice to settle both this amount which totals RM 17000. If they take me to court will there be chances that I will be terminated and disciplinary action taken as a government servant? The law firm is threatening to inform my superiors and discredit me. It's not that I don't want to pay but I just can't seem make ends meet. Please help, many thanks.

    ReplyDelete
  96. Please go to the nearest AKPK office (http://www.akpk.org.my) as soon as possible. One of their counsellors will be able to help you professionally for free.

    ReplyDelete
  97. Hi Mr Charles
    I had a house join name with my brother, no housing loan and my brother already transfer his 1/2 to me last year and let's say if a bank sues him bankrupt successfully, will the DGI be able to recover the 1/2 house under his name?

    ReplyDelete
  98. It is possible.
    Please refer to the following:
    http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-1711.htm?Page=38

    ReplyDelete
  99. Hi, charles, my uncle age 72. He have a outstanding from few bank, which hong leong bank have outstanding around Rm22K. Citibank Rm18K, May bank Rm20K. All total around Rm60K. Recently hong leong bank had sent a lawyer letter chase for payment, but uncle are unable to pay that outstanding, he dont mind being sue for bankruptcy. Or can family member apply bankruptcy behalf on his uncle ? Because a lot of lawyer letter mail to them and sometimes have indian agent come to their house chase for outstanding. Can they ignore the lawyer letter ? If request to attend court, can uncle didnt attend or not because he is sick and old.

    Another question. Last time uncle is a businessman, set up sdn bhd company which have 3 partner, 1 of the partner is under wife name. Will wife get any effected ? Or what to do to avoid get effected ? Wife have property and bank account. And if bank chase for outstanding, family member is responsible to pay or just ignore it ? Thanks.

    ReplyDelete
  100. There is nothing much your uncle can do and the banks will get nothing from your uncle, In case of bankruptcy, the wife will not get affected. Do nothing and just wait and see.

    ReplyDelete
  101. Hi, Charles, my name is Albert___T, append below herewith my personal data.

    Marital Status: Divorcee
    Age:49
    Debt : Credit card and personal loan ( estimate about 150k ) - Creditor:Citibank/Cimb/maybank/RHB/Ambank
    Bankruptcy : I was made bankruptcy in 2002 under the old law for debt >RM10,000 by Direct Access- a division of southern bank ( now cimb )
    1) I did not attend at the court and judgement was obtained by the bank that 8% late charges will impose until full settlement.
    2)I try to talk to the bank to restructure and nego for the reduction whereby they agree Ambank9,000, CIMB22,000, RHB8000, Citibank ( not sure, the principal outstanding was 28000 at that time.
    3) I got proof of debt from the bank to insolveny in 2010. but i only declare 2 bank's proof of debt and file it to the court ( i cant remember the document's name ). But why they never inform me about the repayment and i also fear to see them becos my account will probably be frozen. please advise
    4) I am currently under employment and got no assets and my salary was credited to cimb account. if my account is ok, please advise will there be risk to deposit EPF withdrawal to my account or ask EPF to pay me cash cheque.
    5) One of the bank not named in the creditor approached me to setlle the amount becos they never submit POD, they gave me great discount and finally i settle it and obtain clearance letter from the bank, i will not disclose to insolvency. The rest of the bank said i need to settle with insolvency only.
    6) Next year, i will be 50 and eligible to withdraw 1/3 from my epf ( approx: 150,000) which is enough to settle, but i was told the payment cannot be from me but 3rd party, is that true ? if insolvency ask, i got prove this is my withrawal fro EPF, why i cant ?
    7) part of the 22,000 debt due to CIMB, i received call from one collection agency that the bank negara ask them to recover 7,000 from current account, i agree and deposit to my defaulted current/OD account since 2 months ago.

    Base on the facts above, please advise me accordingly as i believe my debt is basically less than 100,000 if bank is willing to agree.

    warmest regards

    ReplyDelete
  102. I suggest you go to the nearest AKPK office (http://www.akpk.org.my) office and see what they can do for you.

    ReplyDelete
  103. Hi Charles,

    I had been default payment for almost 20months and latest outstanding is about RM8000(adding up all the interest incurred throughout the period) as told by MBF cards personnel today. So, will I get files to bankcruptcy?

    ReplyDelete
  104. Hi Charles,
    I have defaulted credit card payment for almost 20months and the latest outstanding is approx. RM8000. Will the card issuer files me to bankcruptcy or freeze my saving & assets. Please help and advise

    ReplyDelete
  105. The card issuer will not file for bankruptcy or freeze your assets because your debt is less than RM30,000/=. Please negotiate directly with the card issuer for monthly payments of the outstanding amount as soon as possible . You can also go to to the nearest AKPK office (http://www.akpk.org.my).and ask for assistance..

    ReplyDelete
  106. Hi Charles ,
    I have defaulted credit card & personal loan payment from many bank back to 2009 , now the total amount have exceed rm100k , recently police officer come to my family house a few time looking for me regarding the debt at my family house and they leave after fail to find me . I did not stay with my family anymore , but I am worry what will happen to me and my family because I do not afford to pay the debt . Can they seize my family house or seize the item inside the house . Please help & advice

    ReplyDelete
  107. Please go to the nearest AKPK office (http://www.akpk.org.my) and see what they can do for you.

    ReplyDelete
  108. Hi Charles,

    I am a sole proprietor selling skin care under my own brand name, if my customer sue me for the damages cause by my products, and i am unable to pay the claim of 100,000 , will it cause me to become bankrupt ?

    ReplyDelete
  109. Since the amount is more than RM30000 and you are unable to pay, bankruptcy proceedings can be taken against you.

    ReplyDelete
  110. Dear Charles,
    My hubby have credit card debts from a few banks with more RM100K, base on his income he only able to pay minimum amount every month. Now we feel it is very burden and we do not know when only he can settle the amount. If he declare for bakruptcy, how much he need to pay the debts? He currently only have a housing loan account, will it affect if he transfer the name to me before declare?

    ReplyDelete
  111. Please get help from the nearest AKPK office (http://www.akpk.org.my).

    ReplyDelete
  112. Hi Charles,

    Would like to get your advise. I have only one credit card and recently i unable to pay min amount due to my financial issue. Recently i have receive a letter from the bank saying my account have been cancel. So here is my question, i am blacklisted by the bank negara already? My debt is around RM7K++. I can't pay the full settlement but i do not want to be blacklisted by the bank negara. So am i able to pay installment and not get blacklisted by bank negara? Please do advise. Thank you.

    ReplyDelete
  113. This comment has been removed by the author.

    ReplyDelete
  114. This comment has been removed by the author.

    ReplyDelete
  115. Please negotiate with the bank to settle by monthly installment until the outstanding amount is fully paid.This is the way to repair your credit worthiness. Damage has already been done and it is recorded in the Central Credit Reference Information System (CCRIS) and CTOS. Please refer my articles: http://www.creditcardlighthouse.com/2009/12/central-credit-reference-information.html and http://www.creditcardlighthouse.com/2014/07/are-you-victim-of-identity-theft.html

    ReplyDelete
  116. Hi Charles how to improve the credit worthiness? I have 2 outstanding credit cards less than 13K each. I have been issued a letter of warning from the banks through a lawyer firm that I did not fulfill their minimum payment monthly. In the end both banks terminated my credit cards and now I am paying monthly. To date I have settle A bank and no debt with A bank. And paid half portion for B bank. I need to have at least one credit card. I have tried to apply for credit card at C and D banks but was unsuccessful. Both banks did not give any reasons when ask. How do I know where is the problem occur which maybe I can settle? IF I have settle A & B bank fully and how long I have to wait to apply a new credit card? How long does CTOS or CCRIS update their information? Please advise.

    ReplyDelete
  117. First thing first. Settle the outstanding amount as soon as possible to build up your credit worthiness.When you are debt-free approach CTOS, get a copy of your credit report and update your financial status. When this is done your are ready to apply for another credit card. I will be very happy for you when you get one.

    ReplyDelete
  118. Thanks Mr Charles. I am actually also having a home loan and a car loan with banks too. Am I still a debt-free? Could I apply a credit card?

    ReplyDelete
  119. Are you paying your monthly installments on a timely fashion? if so, it will strengthen your credit worthiness and it is in your favor when you apply for a credit card. Please clear your credit card debt as soon as possible. Good luck.

    ReplyDelete
  120. Dear Mr Charles,

    If one was sued bankrupt by bank a, can bank b proceed to sue him for bankrupt again.

    ReplyDelete
  121. Yes, you can be sued for bankruptcy more than once.

    ReplyDelete
  122. Hi, Charles. I would like to know if one of company director has personal financial problem. The personal debt already over 30k. Once the director become bankruptcy, will affect the company operation? OR company bank account will be freeze? Thank you.

    ReplyDelete
  123. A bankrupt cannot be a company director. He has to resign. It will not affect the operation of the company and its bank accounts.

    ReplyDelete
  124. Hi Charles,

    I am a foreigner who once worked in Malaysia. While there I had loan with bank for approximately 30,000 MYR. I maintained payments all the while I was there but when I left back to my home country it became impossible to pay as the bank insisted I pay either from my Malaysia bank (which was shut down) or by inserting the cash into ATM machine in Malaysia (also impossible). I tried to pay by TT from my home country but this was not possible. Eventually I gave up trying to pay and never heard from the bank again. I am now worried that I cannot travel back to Malaysia for vacation. What might be the consequences if I go back? Can they stop me from leaving Malaysia? Will I be forced to pay back the debt? I am Australian passport and now live back in Australia. Thanks, Keith

    ReplyDelete
  125. According to legal sources, it is safe for you to enter and exit Malaysia.

    ReplyDelete
  126. Hi Charles,

    Thanks again for your help with the above. I would like to repay the money but can only see re-entering Malaysia as the only way to do so. Is it likely that I will be declared Bankrupt in Malaysia due to the value of the debt or does this only apply to Malaysians?

    Thanks again,

    Keith

    ReplyDelete
    Replies
    1. Please call the bank from where you are and find out the status of your loan.Express your willingness to settle the outstanding amount but request for the sum to be reduced. The other thing that you can do, when you are here, is to approach the nearest AKPK office (http://www.akpk.org.my) and ask for assistance. it's free.

      Delete
  127. Mr charles,im currently working at oversea to earn money to settle my credit card and personal loan.i due paying my loan about 5 month because im resigning from my previous job before i came to oversea.and i receive letter from bank ask about payment and to attend to court.can i come back to malaysia and back to oversea again after i settle?

    ReplyDelete
  128. Why do you need to go to court?Did the bank make you a bankrupt? When you have discharged your debt fully, you are free to leave the country.

    ReplyDelete
  129. Hi Charles, could you explain the Limitation Act 1980 regarding 'Statute Barred'? Is it true that creditors can't legally pursue an unpaid debt that is over 6 or 10 years old?

    ReplyDelete
  130. Please refer this article: The Act 254 Limitation Act 1953 http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-1910.htm

    ReplyDelete
  131. Hi Charles, my husband and me have a property together. We haven;t able to pay it for four months as he currently jobless. He also have other loans unpaid for the same period. I have another property under my name. Would it affect my current property if bank sued him. Thanks

    ReplyDelete
  132. No, your personal property will not be affected.

    ReplyDelete
    Replies
    1. Hi Charles, Thanks a lot. I am relieved to hear that,

      Delete
    2. Hi Charles,

      My mom has bought a house with join name of me and her when i was 21 years old that was 15 years back and due to some reason she could not effort to pay and the house has been sold under auction. Now the bank ask me to pay for the remaining balance include the interest which is 120K but then i have sent proposal few time and personally went to bank for few time to ask for discount and to pay only the principal and not the interest as im the sole bread winner and i have undergo surgery for 5 time due to ovarian cyst. The principal is only abt 16k and i have told bank that i could able to pay around 25K but the bank still refuse..Im so worried and very desperate..Could you please advise Charles...bank also didnt allow me to see their committee to further explain my situation..please help

      Delete
    3. Please go to the nearest office of AKPK and seek help. (http://www.akpk.org.my).

      Delete
  133. Hi Charles ,i worked in Malaysia for around 3 years and holding 2 credit cards total 100k ,lost job in malaysia came to my home country , does they file bankruptcy and come to my home country how the consequences ? i wanna to pay slowly i dont want to ran away , any suggestion?

    ReplyDelete
  134. Bankruptcy proceedings are instituted against a person, citizen or foreigner, who is residing in Malaysia .Please contact the credit card issuers that you wish to settle the outstanding amount by installment and find out how to do it from your home country. At the same time please ask for the sum to be reduced.

    ReplyDelete
  135. Hi Charles, I want to clear my credit cards and other personal loans and would like to refinance my home, to use the extra cash to pay off and also get better interest rate.
    My CCRIS record is not too good ; will this affect my application for refinancing my home. I was told it is easier to apply for refinancing home because the bank has your home for collateral ; is this true ?
    Thank you.

    ReplyDelete
  136. H Charles! My case is the house under join name (i.e. me and my boyfried), but the borrower is just my boyfriend name, if he could not settle the loan and the house call for auction, did my name will be affected to blacklist or will the bank ask me to settle the loan?

    ReplyDelete
  137. Yes it is easier to secure a loan with collateral.

    ReplyDelete
  138. You will not be affected. The bank will not ask you to settle the loan if the proceeds from the auction are insufficient to cover the outstanding amount.

    ReplyDelete
  139. Dear Charles, I am really seeking for your professional answers as I am currently seriously puzzled by this debt and bankruptcy issue. My dad is owing 4 credit cards from 4 different banks with outstanding balance of 10k,13k,18k, and another card is 8k according to what I know. Meanwhile, he has another HousingLoan with one of the card issuer bank also. We plan to settle his Housing Loan and the credit card (the 13k card) attached with the same bank in order to discharge the property back to my dad, and we will do the transfer of ownership of the house to me and siblings, and if he is sued for bankruptcy by other banks that we don't pay for the credit card outstanding, will the house still belongs to us since already transferred to us?

    ReplyDelete
  140. According to legal sources,it is safe for your dad to transfer the property to you and your siblings even though the law can recover the property as far back as 2 years before adjudged bankrupt.

    ReplyDelete
  141. Dear Charles, I was under AKPK program and was terminated for the second time due to not able to pay the installments as I was jobless. As AKPK has told me before they will not give the third chance if I am being terminated for the second time. My husband's income is not consistent, I am jobless and we have two young children. I don't think I'm able pay anything now, should I talk to AKPK again or should I check with banks. I received termination letter from AKPK around end of Oct but until now I still haven't received any phone call from any bank. I have debts from four banks, credit cards and personal loans all together not more than 13k. Thank you for your reply.

    ReplyDelete
  142. Please get a job as soon as possible and then make arrangement with the banks to settle the outstanding debts.

    ReplyDelete
  143. MY elder brother owed few banks(CC personal loan) more thant 30K and now the bank suet him for the bankruptcy.

    Me, my 2nd bro have a join name hse with elder bro, if elder bro get suet what happen to our house?
    Can my elder bro do a transfer of name to other sister now? the bank still got the right to force the house after the transfer of name?

    ReplyDelete
  144. Do the transfer now . Even though the law can recover the property as far back as 2 years before a person adjudged bankrupt, it is not easy to do so.

    ReplyDelete
  145. Dear Charles,

    My husband used my name to obtain a hire purchase loan in 1998, and repayment defaulted and the bank took possession of the car. My initial borrowing sum was less than RM30k and now the sum ballooned to RM50k. So far I don't own any property or car, but if I decided not to nego with bank and ask for interest reduction and pay only principal amount, will it have any affect on my saving account and epf withdrawal in the future?



    ReplyDelete
  146. Please get help from the nearest AKPK office (http://www.akpk.org.my). They will assist you to negotiate with the bank for an amicable settlement.

    ReplyDelete
  147. Hi Charles,

    I'm helping a friend re this bankruptcy issue & I read your post. Thanks for all the wonderful advice to them..

    Have a wonderful day ahead.

    ReplyDelete
  148. hi, Charles,

    my father with age 72 , owe 4 banks at around less than Rm 20K on each bank. Today he just received a letter from bank said that would like to suing him bankruptcy, currently he dont have any property, but he have 'Shares'. would like to ask, can the ' Shares' transfer to me ? if my father suing by bank, will i get any affected if the 'shares' transfer to me ?

    thans

    ReplyDelete
  149. Go ahead and do the transfer. Though the law can recover the shares as far back as 2 years before a person adjudged bankrupt, it is not easy to do so.

    ReplyDelete
  150. Dear Mr Charles ,
    I am currently in the mid of settling my cc debts with the help of AKPK (still allocating some required forms from bank) . My concern is, the third party from the bank is threatening and sending disturbing sms to me everyday and it is effecting my work tremendously. My question is 1. "Do the third party have to right to froze our account? 2. Are they allowed to threaten us by visiting the house?3. Can they increase the amount of our debt from the current one? All this was said to me by the third party and i am very disturbed. Despite by Debts is only 6k. Should I be worried? Please Advise. Thank you

    ReplyDelete
  151. They have no legal rights to do so. Please refer this article: http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-102.htm?Page=29

    ReplyDelete
  152. Dear Mr. Charles,

    I am a bankrupt for almost 20 years. It is a cc with a limit around 3k which i charge mostly on hospital bills. I do not know how much i owe but it should be those compounded interest that do the trick. Some 10 years back, i receipt a piece of property 1/3 from my parent.
    Now, we would like to sell the property which i have 1/3. My portion from the sales is more than enough to pay off the debt. May i know what is the procedure for me in order to sign in the doted line ? Please help. Thank you.

    ReplyDelete
  153. Please engage a solicitor to handle for you because it involves legal procedures.

    ReplyDelete
  154. Iam a foreigner, worked in malaysia. got creditcard of 2 banks each 7K. Myhusband used and i was paying min dues. Now we r seperated and i left to my homecountry.i want to pay slowly.Will it affect credit score in my home country and any legal action against me.

    ReplyDelete
  155. It is unlikely for banks to take legal action against you as you have already left the country. It will not affect your credit score in your own country. However, please settle the outstanding amount as soon as possible.

    ReplyDelete
  156. Hi Charles,

    I'm currently out of job due to sickness. I'm owing Cimb 10k and maybank 6k. No minimum amount was paid during past 6 months.
    now maybank collector called and mentioning they will sent five personals from high court to my house tomorrow.
    please advice, thanks

    ReplyDelete
  157. Please ignore it or call the police if it happens. Please take note of what they cannot do within the law: http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-102.htm?Page=29

    ReplyDelete
  158. Dear Mr Charles,
    My friend is still working but pending his application for SOCSO cancer pension. Accordingly, once he gets the pension, he cannot work anymore. He is worried how to pay his credit card debts if cannot work as SOCSO pension is not much. Understand AKPK don't accept people without an income to pay back. So please advise.. thanks

    ReplyDelete
  159. Ask your friend to talk to the bank about his financial woes and predicament.

    ReplyDelete
  160. Hi Charles,

    I have been adjudged bankrupt by a bank for personal loan while am overseas in 2012. I live here because my husband works here. I have contacted insolvency and was told to fill up some forms and return it to them via post. However i do have and asset in malaysia a condo which is under 2names myself and my spouse which os under a diff bank loan and installment paid up to date. I would like to know if Insolvency will do anything to it and i will not be declaring it on the forms they require me to fill what will be the consequences and is it possible for me to transfer to a different name for now? Please advice as akpk cant help as am already a bankrupt. Tq

    ReplyDelete
  161. Please refer to http://www.insolvensi.gov.my/faqs/bankruptcy
    No. 24 and No. 25.
    It's too late to do any changes now.

    ReplyDelete
    Replies
    1. How about selling off my property which is under 2names myself and my spouse? Is it possible

      Delete
    2. As soon as a person is declared bankrupt, any of his property shall be automatically vested upon the DGI.
      With regard to the disposal of joint property, please refer to http://www.lawhandbook.org.au/handbook/ch08s03s06.php on Jointly owned house.

      Delete
  162. Hi Charles,
    Good day.
    I got one question that need your help.
    If i have been in dmp program of akpk.Would the bank still can ask the debt collector such as kudrat to sent in to me by mail.
    As this have been harrassing me quite a time.
    Hope can get your advice to settle this issue.

    ReplyDelete
  163. Please take note of things that they cannot do:
    http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-102.htm?Page=29

    ReplyDelete
  164. Hi Charles,

    I have 3 credit cards and all total up exceed 30k and I has lost my jobs currently not working. Due to this I'm unable to make repayment for these 3 credit cards. Is stress me out due to this issue. I thought of declare bankruptcy due to the threatening and harassing message received from the banks. Or can bank declare bankruptcy on my behalf? Before doing so, I don't owe a house but family member has a house and my name is in it. Can bank confiscate my family member house? Need your advise.

    ReplyDelete
  165. To avoid complication, remove your name from the house before the banks take bankruptcy proceedings against you.

    ReplyDelete
    Replies
    1. Hi Charles,

      I came across the are 'EXCLUSIONS' in Bankruptcy Act, which are :

      1) MAD person cannot be a bankrupt
      2) Woman in pregnant cannot be sued to be a bankrupt until the baby is borned
      3) ALDS person cannot deem to be a bankrupt as his health condition cannot work

      Are all these true in MALAYSIA Acts?

      Thanks

      Delete
  166. Hi Charles,

    I had 3 credit cards amounting to RM8k from more than 10 years back.
    Knowing this issue, i visited Bank Negara to check on my CCRIS.
    However, the report shows that i do not have any debts.
    I then tried to apply for a credit card again but was declined.
    I then proceeded to check on my CTOS & it shows some small payments which i wish to settle but the companies are not in operation anymore.
    if the previous credit care debts are the issue, can i settle the debt negotiating with the bank for the value of my priciple outstanding without other charges as i understand that some debts above 7 years are written off?

    ReplyDelete
  167. Please negotiate with the bank for a reduced sum to settle the outstanding amount fully.You may want to contact the nearest AKPK office (http://www.akpk.org.my) and get help from them. Please inform CTOS the current situation and update your status for a clean record.

    ReplyDelete
  168. CEOMay 12, 2015 at 10:14 AM
    Hi Charles,

    I came across the are 'EXCLUSIONS' in Bankruptcy Act, which are :

    1) MAD person cannot be a bankrupt
    2) Woman in pregnant cannot be sued to be a bankrupt until the baby is borned
    3) ALDS person cannot deem to be a bankrupt as his health condition cannot work

    Are all these true in MALAYSIA Acts?

    Thanks






    Please refer http://www.insolvensi.gov.my/faqs/bankruptcy

    No 19. Is there an automatic discharge for a bankrupt?

    ReplyDelete
  169. Hi Charles, i owed bank for 16K with interest included. Last few days they had sent debt collectors to my house to take my assets. But i just went to bank to negotiate with them but they dont allow me to settle that in installment way. Is it possible for them to take away my assests, houses and cars that is under my name since it is not exceeding 30K.

    ReplyDelete
  170. This comment has been removed by the author.

    ReplyDelete
  171. Please ignore them and check out what they cannot do at :http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-102.htm?Page=29.

    Please go to the nearest AKPK office (http://www.akpk.org.my) and get help from them to deal with the bank

    ReplyDelete
  172. I was unaware that I still mbf bank 3800 before they shut 20 years. did not recieved any statement or letter from since than. after 20 years a letter from am bank stated I owe them 350000 plus interested. I should I do? is there a limitation act stated after so many years they cannot demand the money from me anymore.

    ReplyDelete
  173. Please get help from the nearest AKPK office (http://www.akpk.org.my).

    ReplyDelete

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