Insolvency, Restructuring and Dissolution Act 2018

Fraudulent disposal of property

409.—(1) A bankrupt shall be guilty of an offence if —

(a)

the bankrupt makes or causes to be made, or has during the period of 5 years before the date of the bankruptcy order against the bankrupt, made or caused to be made, any gift or transfer of, or any charge on, the bankrupt’s property, with the intention of defrauding the bankrupt’s creditors, or of depriving the bankrupt’s creditors of the property in the event that a bankruptcy order is made against the bankrupt; or

(b)

the bankrupt conceals or removes, or has at any time before the commencement of the bankruptcy concealed or removed, any part of the bankrupt’s property after, or within 2 months before, the date on which a judgment or an order for the payment of money has been obtained against the bankrupt, being a judgment or an order which was not satisfied before the commencement of his or her bankruptcy.

(2) In this section, the reference to making a transfer of or a charge on any property includes a reference to causing or conniving at the levying of any execution against that property.

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