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Mrs James had two issues of unfit conduct raised during the investigation into her affairs. As a result of the investigation it was decided that she should enter in to a bankruptcy restrictions undertaking for a period of eight years.

The first issue arose when it was established that, with the knowledge that a bankruptcy petition was being presented against her, Mrs James drew on a cheque received in advance payment of some goods. The amount of the cheque was approximately £19,000. The withdrawal by Mrs James created an unauthorised overdraft of approximately £20,500.

The second issue arose when it was established that Mrs James had provided misleading information to the Official Receiver about a divorce settlement she had received to the value of £17,000 approximately one month after the making of the bankruptcy order.

As a result of the allegations against her Mrs James had the restriction of her bankruptcy extended for a period of eight years.

It is worth stressing here that behaviour such as failure to disclose and concealment can lead to an offence being committed. Such offences are punishable by imprisonment, a fine or both. For more information please see the bankruptcy offences page.

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Please understand that the above provides an outline of a case only. It is intended to demonstrate some considerations and potential outcomes that an individual could be subject to in bankruptcy proceedings. The law may have changed since your reading and there may be material facts omitted. The above is not a statement of the law. Therefore you should not use the information to ascertain how you may be affected by bankruptcy. In the case of bankruptcy restriction orders, because they are common, the names used are fictitious so as not to identify an individual.