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Criminal Bankruptcy

The forced bankruptcy of a convicted person.

Under certain circumstances, and exclusively, it appears, under an 1973 English law (now repealed), a person convicted of an offence which caused property damages, could be forced into bankruptcy for the purposes of liquidating his/her assets to satisfy those damages.

Jowitt's Dictionary of English Law (1977) noted that the condition that "damage attributable to that offence (other than for personal injury) exceed £15,000...."

Halsbury's Laws of England, Fourth Edition, 2002 Reissue, Volume 3)2), page 475 states:

"The purpose of criminal bankruptcy in relation to convicted persons was to make available to those who had suffered, at the hands of the offender, loss or damage, amounting in the aggregate to a specified minimum amount, and not attributable to personal injury, the machinery of ... bankruptcy ... so as to facilitate the recovery of assets to make good that loss or damage."


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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