359 Fraudulent dealing with property obtained on credit.E+W
(1)The bankrupt is guilty of an offence if, in the 12 months before [F1the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy] 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.
(2)A person is guilty of an offence if, in the 12 months before [F2the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy] petition or in the initial period, he acquired or received property from the bankrupt knowing or believing—
(a)that the bankrupt owed money in respect of the property, and
(b)that the bankrupt did not intend, or was unlikely to be able, to pay the money he so owed.
(3)A person is not guilty of an offence under subsection (1) or (2) if the disposal, acquisition or receipt of the property was in the ordinary course of a business carried on by the bankrupt at the time of the disposal, acquisition or receipt.
(4)In determining for the purposes of this section whether any property is disposed of, acquired or received in the ordinary course of a business carried on by the bankrupt, regard may be had, in particular, to the price paid for the property.
(5)In this section references to disposing of property include pawning or pledging it; and references to acquiring or receiving property shall be read accordingly.
Textual Amendments
F1Words in s. 359(1) inserted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 48(2); S.I. 2016/191, art. 2 (with art. 3)
F2Words in s. 359(2) inserted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 48(3); S.I. 2016/191, art. 2 (with art. 3)
Modifications etc. (not altering text)
C1S. 359(1)(2) applied (with modifications) by S.I. 1986/1999, art. 3, Sch. 1 Pt. II (as amended (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 2(7)(e))