Obtaining Property By Fraud as a Bankrupt
The Maximum Penalty for the offence of obtaining property by fraud as a bankrupt is three years imprisonment.
What court will hear the matter?
This matter is can be dealt with in either the Magistrates Court or District Court.
Common ways this offence occurs
This offence commonly occurs in the following situations.
- A person applies for a credit card and when asked whether they’re an undischarged bankrupt, says no;
- A person purchases goods on credit and doesn’t inform the company of their bankruptcy.
What must be proven
For the court to find a person guilty of this offence it must be satisfied:
- That the accused is a bankrupt;
- That they obtained property or credit;
- The obtaining of the property or credit was dishonest.
It is an offence under the Bankruptcy Act to obtain property or credit by fraud after becoming a bankrupt.