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Enterprise Act 2002

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This is the original version (as it was originally enacted).

Second-time bankruptcy

This section has no associated Explanatory Notes

5(1)This paragraph applies to a pre-commencement bankrupt who was an undischarged bankrupt at some time during the period of 15 years ending with the day before the date on which the pre-commencement bankruptcy commenced.

(2)The pre-commencement bankrupt shall not be discharged from bankruptcy in accordance with paragraph 4 above.

(3)An order made before commencement under section 280(2)(b) or (c) of the Insolvency Act 1986 (c. 45) (discharge by order of the court) shall continue to have effect after commencement (including any provision made by the court by virtue of section 280(3)).

(4)A pre-commencement bankrupt to whom this paragraph applies (and in respect of whom no order is in force under section 280(2)(b) or (c) on commencement) is discharged—

(a)at the end of the period of five years beginning with commencement, or

(b)at such earlier time as the court may order on an application under section 280 of the Insolvency Act 1986 (discharge by order) heard after commencement.

(5)Section 279(3) to (5) of the Insolvency Act 1986 as substituted by section 256 of this Act shall have effect after commencement in relation to the period mentioned in sub-paragraph (4)(a) above.

(6)A bankruptcy annulled under section 282 shall be ignored for the purpose of sub-paragraph (1).

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