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Section 2, The Bankruptcy Act, 2009

Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone

A debtor commits an act of bankruptcy in each of thefollowing cases:– (a) if in Sierra Leone or elsewhere he makes a conveyance or assignment of his property to a trustee or trustees for the benefit of his creditors generally; (b) if in Sierra Leone or elsewhere he makes a fraudulent conveyance, gift, delivery, or transfer of his property, or of any part of the property; (c) if in Sierra Leone or elsewhere he makes any conveyance or transfer of his property or any part of it, or creates any charge on it, which would under this Act or any other enactment be void as a fraudulent preference if he were adjudged bankrupt; (d) if with intent to defeat or delay his creditors he does any of the following things, namely, departs out of Sierra Leone, or being out of Sierra Leone remains out of Sierra Leone, or departs from his dwelling house, or otherwise absents himself; 2 3 Interpretation. Acts of (e) if execution against him has been levied by seizure of his goods under process in an action, or proceedings in the court , and the goods have either been sold or held by the bailiff for twenty-one days, but that, where an inter-pleader summons has been taken out in regard to the goods seized, the time elapsing between the date at which the summons is taken out and the date at which the proceedings on the summons are finally disposed of, settled or abandoned shall not be taken into account in calculating the period of twenty-one days; (f) if he files in a court a declaration of his inability to pay his debts or presents a bankruptcy petition against himself; (g) if a creditor has obtained a final judgement or final order against him for any amount; and (i) execution not having been stayed, has a bankruptcy notice served on him, and does not, within fourteen days after service of the notice, comply with the requirements of the notice or satisfy the court that he has a counter-claim, setoff or cross demand which equals or exceeds the amount of the judgement debt or sum ordered to be paid, and (ii) which he could not set up in the action in which the judgement was obtained or the proceedings in which the order was obtained, and for the purposes of this paragraph and of section 5, any person who is for the time being entitled to enforce a final judgement or final order shall be deemed to be a creditor who has obtained a final judgement or final order; (h) if the debtor gives notice to any of his creditors that he has suspended, or that he is about to suspend payment of his debts, pay his debts or presents a bankruptcy petition against himself.

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