§ 892 — Fraud in insolvency; class A misdemeanor

A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that a receiver or other person entitled to administer property for the benefit of creditors has been appointed, or that any other composition or liquidation for the benefit of creditors has been made, the person:

(1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor’s estate; or

(2) Obtains any substantial part of or interest in the debtor’s estate; or

(3) Presents to any creditor or to the receiver or administrator any writing or record relating to the debtor’s estate knowing the same to contain a false material statement; or

(4) Misrepresents or fails or refuses to disclose to the receiver or administrator the existence, amount or location of any part of or any interest in the debtor’s estate, or any other information which the person is legally required to furnish to the administrator.

Fraud in insolvency is a class A misdemeanor.

Legislative History

11 Del. C. 1953, § 892; 58 Del. Laws, c. 497, § 1 ; 67 Del. Laws, c. 130, § 8 ; 70 Del. Laws, c. 186, § 1