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27 1988

BANKRUPTCY ACT, 1988

PART VII

Offences

Punishment of fraudulent debtors.

(1872, c. 57, s. 11; 33/1963, s. 293)

123. —(1) Subject to subsection (2), if a bankrupt or arranging debtor—

(a) fails to disclose to the Court, or to the Official Assignee or to such person or persons as the Court from time to time directs, all his property and how and to whom and for what consideration and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any) or laid out in the ordinary expense of his family, or

(b) fails to deliver up to the Official Assignee, or as he or the Court directs, all such part of his property as is in his possession or under his control, and which he is required by law to deliver up, or

(c) fails to deliver up to the Official Assignee, or as he or the Court directs, all books and papers in his possession or under his control relating to his estate and which he is required by law to deliver up, or

(d) conceals any part of his property to the value of £500 or upwards, or conceals any debt due to or from him, or

(e) fraudulently removes any part of his property to the value of £500 or upwards, or

(f) fails to file or deliver a statement of affairs as required by section 19 (c) or makes any material omission in any statement relating to his affairs, or

(g) knowing or believing that a false debt has been proved by any person under the bankruptcy or arrangement, fails for the period of a month to inform the Official Assignee thereof, or

(h) prevents the production of any book or paper affecting or relating to his estate, or

(i) conceals, destroys, mutilates or falsifies or is privy to the concealment, destruction, mutilation or falsification of any book or paper affecting or relating to his estate, or

(j) makes or is privy to the making of any false entry in any book or paper affecting or relating to his estate, or

(k) fraudulently parts with, alters or makes any omission in, or is privy to the fraudulent parting with, altering or making any omission in, any document affecting or relating to his estate, or

(l) attempts to account for any part of his property by fictitious losses or expenses, or

(m) obtains, by any fraud or false representation, any property on credit, or

(n) obtains, under the false pretence of carrying on business and, if a trader, of dealing in the ordinary way of his trade, any property on credit, or

(o) pawns, pledges or disposes of any property which he has obtained on credit, unless, in the case of a trader, such pawning, pledging or disposing is in the ordinary way of his trade, or

(p) is guilty of any fraud or false representation for the purpose of obtaining the consent of his creditors or any of them to an agreement with reference to his affairs or the bankruptcy or arrangement;

he shall be guilty of an offence.

(2) It shall be a good defence to a charge under any of paragraphs (a), (b), (c), (d), (f), (n) and (o) of subsection (1) if the accused proves that he had no intent to defraud and to a charge under any of paragraphs (h), (i) and (j) of that subsection if he proves that he had no intent to conceal the state of his affairs or to defeat the law.

(3) (a) A person (other than a bankrupt or arranging debtor) who, with intent to defraud his creditors, does any of the acts mentioned in paragraphs (e), (i), (j), (k), (l), (m), (n) or (o) of subsection (1), shall be guilty of an offence and for this purpose references in paragraphs (e) or (k) to an act which is fraudulent or is committed fraudulently shall be construed as references to an act done with intent to defraud creditors.

(b) Where a person referred to in paragraph (a) of this subsection does an act therein specified within twelve months next before he is adjudicated or granted an order for protection, it shall be presumed until the contrary is proved that the act was done with intent to defraud his creditors.

(4) Where any person pawns, pledges or disposes of any property in circumstances which amount to an offence under paragraph (o) of subsection (1) or under subsection (3), every person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged or disposed of in such circumstances as aforesaid shall also be guilty of an offence and shall be liable to be punished in the same way as if he had been guilty of an offence under the said paragraph (o) or subsection (3).

Absconding debtor.

(1872, c. 57, s. 12)

124. —If any person with intent to defraud his creditors leaves the State and takes with him, or attempts or makes preparation to leave the State and take with him, any part of his property to the amount of £500 or upwards, he shall be guilty of an offence.

Corrupt agreement with creditors.

(cf. 1857, s. 150 in pt.; 1872, s. 76)

125. —If any creditor of a bankrupt or an arranging debtor obtains or accepts any property from the bankrupt or arranging debtor or any other person as an inducement for forbearing to oppose or for accepting any offer of composition or proposal or any modification thereof made by or on behalf of the bankrupt or arranging debtor, the claim of the creditor shall be void and irrecoverable and the creditor and such other person (if any) shall each be guilty of an offence.

False claim.

(1872, c. 57, s. 14)

126. —If any creditor, or any person claiming to be a creditor, in any bankruptcy or arrangement with intent to defraud makes any false claim or any proof, declaration or statement of account which is untrue in any material particular, he shall be guilty of an offence.

Non-disclosure of after-acquired property.

(New)

127. —A bankrupt who fails to disclose to the Official Assignee any after-acquired property shall be guilty of an offence.

Obstructing officers.

(cf. 1857, s. 389)

128. —Any person who knowingly and wilfully resists, hinders or obstructs the Bankruptcy Inspector or any of his assistants or any other person in the execution of his duties under this Act shall be guilty of an offence.

Obtaining credit or trading under other name.

(New)

129. —A bankrupt or an arranging debtor who—

(a) either alone or jointly with any other person obtains credit to the extent of £500 or upwards from any person without informing that person that he is a bankrupt or an arranging debtor, or

(b) engages in any trade or business under a name other than that under which he was adjudicated bankrupt or granted protection without disclosing to all persons with whom he enters into any business transactions the name under which he was so adjudicated or granted protection,

shall be guilty of an offence.

Inserting advertisement without authority.

(1857, s. 396)

130. —Any person who wilfully inserts or causes any advertisement under this Act to be inserted in Iris Oifigiúil or in any newspaper without authority under this Act, or knowing the same to be false in any material particular, shall be guilty of an offence.

Criminal liability after annulment.

(New)

131. —Where a bankrupt or arranging debtor has been guilty of any offence, he shall not be exempt from being proceeded against for the offence by reason that his bankruptcy has been discharged or annulled or that his proposal has been carried into effect.

Punishment of offences.

(New)

132. —(1) Every person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months or to both the fine and the imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £1,000 or, at the discretion of the Court, to imprisonment for a term not exceeding five years or to both the fine and the imprisonment.

(2) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this Act as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (1) (a) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.