Law library · Sierra Leone · The Bankruptcy Act, 2009
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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