Individuals who have been made bankrupt are required by virtue of the insolvency legislation to co-operate with the Official Receiver or the trustee in all matters, including the disclosure and recovery of all available assets.

Failure to co-operate could result in the bankrupt facing criminal charges and Part VI of the Insolvency Act 1986 (‘the Act’) details the conduct deemed to be criminal.

Tim Thompson of Kangs Solicitors outlines the conduct which can be defined as non-co-operation.

The Offences | Kangs Criminal Insolvency Solicitors

The Act includes the following:

Section: 353. Non-disclosure.

(1) The bankrupt is guilty of an offence if—

(a) he does not to the best of his knowledge and belief disclose all the property comprised in his estate to the official receiver or the trustee, or

(b) he does not inform the official receiver or the trustee of any disposal of any property which but for the disposal would be so comprised, stating how, when, to whom and for what consideration the property was disposed of

Section 352 applies to this offence

  1. Concealment of property.

(1)   The bankrupt is guilty of an offence if—

(a) he does not deliver up possession to the official receiver or trustee, or as the official receiver or trustee may direct, of such part of the property comprised in his estate as is in his possession or under his control and possession of which he is required by law so to deliver up,

(b) he conceals any debt due to or from him or conceals any property the value of which is not less than the prescribed amount and possession of which he is required to deliver up to the official receiver or trustee, or

Section 352 applies to this offence.

  1. Concealment of books and papers; falsification.
  • The bankrupt is guilty of an offence if he does not deliver up possession to the official receiver or the trustee, or as the official receiver or trustee may direct, of all books, papers and other records of which he has possession or control and which relate to his estate or his affairs.

Section 352 applies to this offence.

  1. False statements.
  • The bankrupt is guilty of an offence if he makes or has made any material omission in any statement made under any provision in this Group of Parts and relating to his affairs.

Section 352 applies to this offence.

  1. Fraudulent disposal of property.
  • The bankrupt is guilty of an offence if he makes or causes to be made, or has in the period of 5 years ending with the commencement of the bankruptcy made or caused to be made, any gift or transfer of, or any charge on, his property.

Section 352 applies to this offence

  1. Absconding.

The bankrupt is guilty of an offence if—

  • he leaves, or attempts or makes preparations to leave, England and Wales with any property the value of which is not less than the prescribed amount and possession of which he is required to deliver up to the official receiver or the trustee, or
  • in the 6 months before petition, or in the initial period, he did anything which would have been an offence under paragraph (a) if the bankruptcy order had been made immediately before he did it.

Section 352 applies to this offence.

  1. Fraudulent dealing with property obtained on credit.
  • The bankrupt is guilty of an offence if, in the 12 months before petition, or in the initial period, he disposed of any property which he had obtained on credit and, at the time he disposed of it, had not paid for.

Section 352 applies to this offence.

  1. Obtaining credit; engaging in business.

(1)The bankrupt is guilty of an offence if—

(a) either alone or jointly with any other person, he obtains credit to the extent of the prescribed  amount or more without giving the person from whom he obtains it the relevant information about his status; or

(b) he engages (whether directly or indirectly) in any business under a name other than that in which he was adjudged bankrupt without disclosing to all persons with whom he enters into any business transaction the name in which he was so adjudged.

Potential Defence | Kangs Insolvency Defence Solicitors

The Act provides at Section 352 that, where stated:

‘a person is not guilty of the offence if he proves that, at the time of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.’

Who Should I Contact? | Kangs Insolvency Offences Defence Solicitors

Our team is headed by award winning solicitor Hamraj Kang and the team as a whole is recognised by both the leading directories, namely the Legal 500 and Chambers & Partners.

Please do not hesitate to contact our team through any of the following who will be pleased to assist you:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396