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Section 26, The Bankruptcy Act, 2009

Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone

(1) The court may, by warrant addressed to any personor persons named in it, cause a debtor to be arrested, and any books, papers, money and goods in his possession or under his control or relating to his affairs to be seized, and him and them to be safely kept as prescribed until such time as the court may order under the following circumstances: – (a) if, after a bankruptcy notice has been issued under this Act or after presentation of a bankruptcy petition by or against him, it appears to the court that there is probable cause for believing that he has absconded, 22 23 debtor as to discovery and realisation of Arrest of debtor under certain circumstances. or is about to abscond, with a view to avoiding payment of the debt in respect of the bankruptcy petition, or of avoiding appearance to the petition, or of avoiding examination in respect of his affairs, or of otherwise avoiding delaying or embarrassing proceedings in bankruptcy against him; (b) if, after presentation of a bankruptcy petition by or against him, it appears to the court that there is probable cause for believing that he is about to dispose of or remove his goods with a view to preventing or delaying possession being taken of them by the official receiver or trustee, or that there is probable ground for believing that he has concealed or is about to conceal or destroy any of his goods or any books, documents or writings which might be of use to his creditors in the course of his bankruptcy; (c) if, after service of a bankruptcy petition on him or after a receiving order is made against him, he removes any goods in his possession above the value of Le1,000,000 or the aggregate of Le1,000,000 in any one period of thirty days without the leave of the official receiver or trustee; (d) if without good cause shown he fails to attend any examination ordered by the court: or (e) if there is probable cause for believing that he has committed an offence under this Act. (2) No arrest upon a bankruptcy notice shall be valid and protected unless the debtor before or at the time of his arrest is served with the bankruptcy notice. (3) No payment or composition made or security given after arrest made under this section shall be exempt from the provisions of this Act relating to fraudulent preferences.

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