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Section 379: Offences in relation to debts

Insolvency Act · PART VIII: OFFENCES

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

379. Offences in relation to debts (1) Any bankrupt who— (a) did not, when contracting a debt, expect to be able to pay— (i) the debt when it fell due for payment; (ii) all his debts when they fell due for payment; and (iii) all his other debts (including future and contingent debts); or (b) has materially contributed to, or increased, the extent of his insolvency by gambling, by rash and hazardous speculations, by unjustifiable spending or by extravagance in living, shall commit an offence. (2) For the purposes of subsection (1), a person shall rebuttably be presumed to have committed the offence if, when contracting the debt, he had no reasonable ground to believe that he would be able to pay the debt when it fell due for payment and pay all his other debts (including future and contingent debts).

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