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| SECTION |
OFFENCE |
DEFENCE |
PENALTY |
| 353 |
Non disclosure to the Trustee of any property comprised in the bankrupt’s estate and/or fails to disclose any disposal of assets which may be capable of setting aside |
Innocent intention (s.352) |
7 years imprisonment, fine or both |
| 354 (1) and (2) |
If the debtor fails to deliver up all or any of his assets or if he conceals any debt due to or from him with a greater value than £500. Applies retrospectively to period of 12 months prior to bankruptcy petition |
| 355 |
Bankrupt fails to deliver up books, papers, and other records and/or prevents production, conceals, or destroys the records. Applies retrospectively to period of 12 months prior to bankruptcy petition |
| 356 |
Bankrupt makes false statement or made any material omission |
| 359 |
Bankrupt disposes of any property obtained on credit in respect of which money still owing in period of 12 months prior to bankruptcy petition |
| 357 |
Bankrupt transfers any property or makes a gift at any time within 5 years prior to the bankruptcy petition. Also offence if debtor conceals or removes property within 2 months before or after a county court judgment has been obtained against him |
2 years imprisonment, a fine or both |
| 358 |
Bankrupt leaves or attempts to leave or makes any preparation to leave England/Wales with property valued at more than £500 in 6 months prior to bankruptcy petition |
| 360 |
Bankrupt obtains credit either solely or jointly with another in excess of £250 without informing the creditor that he is a bankrupt. Wide definition of “credit”! |
No defence |
| 362 |
Bankrupt contributes to his insolvency by “hazardous speculation” (gambling!) in period of 2 years prior to bankruptcy petition |
| 354(3) |
Bankrupt fails to account for loss of any substantial part of his property incurred in the 12 months before bankruptcy petition |
| 361 |
Bankrupt fails to keep proper accounting records in period of 2 years prior to bankruptcy petition. However, no offence if total liabilities do not exceed £20,000. |
Failure is honest and excusable |
| 11 (CDDA 1986) |
Bankrupt is directly or indirectly involved in the management of a limited company without leave of the court |
No defence |
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