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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

12 JUL 2013

Re Kole-Emmanuel

(Administrative Court, Haddon-Cave J, 26 June 2013)

In criminal proceedings, a confiscation order was made against K in the sum of £450,000 in relation to a benefit fraud. He did not pay it, and was imprisoned. A bankruptcy order was made against K and, on the basis that the OR had stated that K's assets were minimal, K applied for a certificate of inadequacy as regards his ability to comply with the confiscation order. The prosecution alleged that K had hidden assets, and large sums of money remained untraced. Haddon-Cave J dismissed K's application. He had not shown that on the balance of probabilities his assets were insufficient to meet the terms of the confiscation order. The evidence of hidden assets was clear, and the burden on K was not discharged merely by relying upon the OR's assessment.

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