Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 20 · Bankruptcy Offences
409. Fraudulent disposal of property
Feedback & supportLast amended by an amending law of 2021.
A bankrupt shall be guilty of an offence if —
bankrupt
“bankrupt” means —(a)an individual debtor who has been adjudged bankrupt by a bankruptcy order; or(b)where a bankruptcy order has been made against a firm, each of the partners in the firm;
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
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.
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 execution of an enforcement order against that property.
charge
“charge” has the meaning given by section 4(1) of the Companies Act 1967;