Law library · Sierra Leone · The Bankruptcy Act, 2009
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,
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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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