S.I. No. 461/2013 - Rules of the Superior Courts (Bankruptcy) 2013. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English

section 85

section 8 of the Bankruptcy Act 1988 . Dated (Signed) ______________ (State capacity Address) No.

1. AFFIDAVIT TO GROUND APPLICATION TO DISMISS BANKRUPTCY SUMMONS THE HIGH COURT BANKRUPTCY In the matter of a Bankruptcy Summons by ..... against ....... of ....... and bearing date the ....... day of ...... 20........ I, the above-named .......................... make oath and say that the above-named summons was served on me on the ...... day of ........ 20......., and that †I am not indebted to the said ................... in any sum amounting to more than €20,
2. †before such service I had obtained the protection of the Court. †I have compounded for the debt to the satisfaction of the said ................. in the following manner:—* †I have secured ........ for the debt to the satisfaction of the said ....... in the following manner:—* Sworn, &c. †Delete where inapplicable *Set out in detail. No.11 PETITION OF BANKRUPTCY BY A PERSON OTHER THAN THE DEBTOR THE HIGH COURT The petition of ................................ of ................................. shows as follows:— [Note 1]
3. .. of (in this petition referred to as “the debtor”) is indebted to your petitioner in the sum of €. in respect of (state nature of debt).
4. Your petitioner does not nor does any person or persons on your petitioner’s behalf hold any mortgage, charge, or lien on the debtor’s estate or any part thereof as security for said debt or any part thereof (or your petitioner holds security for the payment of (or part of) the said sum but he will give up such security for the benefit of the creditors of the debtor in the event of the debtor’s being adjudged a bankrupt or your petitioner holds security for the payment of (or part of) the said sum and he estimates the value of such security at the sum of €).
5. The said debtor has within three months before the presentation of this petition committed an act of bankruptcy as follows:- (give details of the specific acts of bankruptcy alleged) as your petitioner has been informed and believes. [Note 2]
6. Council Regulation (EC) No 1346/2000 applies to the proceedings. The centre of main interests (as determined

Council Regulation (EC) No 1346/2000) of the said debtor is situated in the State because (state facts and grounds relied on). [Note 2]

1. Council Regulation (EC) No 1346/2000 applies to the proceedings. The centre of main interests of the said debtor is situated within the territory of a Member State of the European Union in which Council Regulation (EC) No 1346/2000 applies (other than the State), namely at in. because (state facts and grounds relied on) and the said debtor has an establishment within the State at. because (state facts and grounds relied on). [Note 2] [Note 3]
2. Council Regulation (EC) No 1346/2000 does not apply to the proceedings because (state facts and grounds relied on), and the debtor is domiciled in the State (or specify which of the alternative requirements of Section 11

Article 3

Article 3

Article 3

Article 3(1) of Council Regulation (EC) No 1346/2000).

*[Note 6] in secondary proceedings (

Article 3(3) of Council Regulation (EC) No 1346/2000).

*[Note 7] in territorial proceedings (

Article 3(4) of Council Regulation (EC) No 1346/2000).

YOUR PETITIONER HEREBY UNDERTAKES to this Honourable Court that, in the event of the said debtor being so adjudged your petitioner will advertise notice of the adjudication and statutory sitting in the manner directed by this Honourable Court and bear the expenses of such advertisement. Your petitioner HEREBY INDEMNIFIES the Official Assignee as to the costs, fees and expenses incurred, or to be incurred, in the event of such adjudication by the Official Assignee as to the costs, fees and expenses incurred, or to be incurred, in the event of such adjudication by the Official Assignee and allowed by the Court. Your petitioner FURTHER UNDERTAKES to lodge such sums as this Honourable Court may direct to cover such costs, fees and expenses. Dated (Signed) (Signed) Witness (Name, address and description of witness) Received this.day of ..20, at the hour of oclock in the noon. Notes: [Note 1] In the case of the petition of a liquidator in main proceedings which concerns or involves the opening of secondary insolvency proceedings in the State pursuant to Article 27 of Council Regulation (EC) No 1346/2000 (“the Insolvency Regulation”), paragraphs 1-3 above are not required to be included. In the case of the petition of a person other than the liquidator in main proceedings (i.e. a person mentioned in Article 29(b) of the Insolvency Regulation) which concerns or involves the opening of secondary insolvency proceedings in the State pursuant to Article 27 of the Insolvency Regulation, paragraphs 1-3 above must be included. In such a case only, the appropriate alternative in the request for relief referring to secondary proceedings or, as the case may be, territorial insolvency proceedings, should be included. [Note 2] One alternative version only of paragraph 4 must be included. Under Council Regulation (EC) No 1346/2000— the “centre of main interests” should correspond to the place where the debtor conducts the administration of his/her interests on a regular basis and is therefore ascertainable by third parties; “establishment” means any place of operations where the debtor carries out a non-transitory economic activity with human means and goods. [Note 3] Where this version of paragraph 4 is appropriate to the case, paragraph 5 should be deleted and the remaining paragraphs renumbered. [Note 4] Where paragraph 5 is required, one alternative version only of that paragraph must be included. [Note 5] To be completed only if Council Regulation (EC) No 1346/2000 applies and the debtor’s centre of main interests is situated in the State. [Note 6] To be completed only if Council Regulation (EC) No 1346/2000 applies, insolvency proceedings in respect of the debtor have been opened in another Member State, and the debtor has an establishment in the State. [Note 7] To be completed only if Council Regulation (EC) No 1346/2000 applies, insolvency proceedings in respect of the debtor have been opened in another Member State, and one of the conditions in Article 3

Council Regulation (EC) No 1346/2000) is situated in the State because (state facts and grounds relied on).

1. Council Regulation (EC) No 1346/2000 applies to the proceedings. Your petitioner’s centre of main interests is situated within the territory of a Member State of the European Union in which Council Regulation (EC) No 1346/2000 applies (other than the State), namely atin. because (state facts and grounds relied on) and your petitioner has an establishment within the State at because (state facts and grounds relied on).
2. Council Regulation (EC) No 1346/2000 does not apply to the proceedings because (state facts and grounds relied on), and your petitioner is domiciled in the State (or specify which of the alternative requirements of Section 11

Article 3

Article 3

Article 3

Article 3(1) of Council Regulation (EC) No 1346/2000).

*[Note 5] in secondary proceedings (

Article 3(3) of Council Regulation (EC) No 1346/2000).

*[Note 6] in territorial proceedings (

Article 3(4) of Council Regulation (EC) No 1346/2000).

YOUR PETITIONER HEREBY UNDERTAKES to this Honourable Court that, in the event of *his *her being so adjudged, your petitioner will attend in person at the statutory sitting, and will advertise notice of the adjudication and statutory sitting in the manner directed by this Honourable Court and bear the expenses of such advertisement. Your petitioner HEREBY INDEMNIFIES the Official Assignee as to the costs, fees and expenses incurred or to be incurred, in the event of such adjudication, by the Official Assignee and allowed by the Court. Your petitioner FURTHER UNDERTAKES to lodge such sums as this Honourable Court may direct to cover such costs, fees and expenses. Notes: [Note 1] In any appropriate case, one of the following statements may be substituted, where applicable, for the statement at paragraph 1:

1. Your petitioner has been subject as a debtor to a Debt Settlement Arrangement which has been terminated under section 83 of the Personal Insolvency Act 2012 .
2. Your petitioner has been subject as a debtor to a Debt Settlement Arrangement which under section 84 of the Personal Insolvency Act 2012 is deemed to have failed.
3. Your petitioner has been subject as a debtor to a Personal Insolvency Arrangement which has been terminated under section 122 of the Personal Insolvency Act 2012 .
4. Your petitioner has been subject as a debtor to a Personal Insolvency Arrangement which under section 123 of the Personal Insolvency Act 2012 is deemed to have failed. [Note 2] One alternative version only of paragraph 2 must be included. Under Council Regulation (EC) No 1346/2000— the “centre of main interests” should correspond to the place where the debtor conducts the administration of his/her interests on a regular basis and is therefore ascertainable by third parties; “establishment” means any place of operations where the debtor carries out a non-transitory economic activity with human means and goods. [Note 3] Paragraph 3 must be included: (a) in any case in which main insolvency proceedings have been opened in another Member State and the debtor’s petition concerns or involves the opening of secondary insolvency proceedings (

Article 3

Article 3

section *14

Article 3

Article 3

Article 3

Section 16

† Only one alternative version must be used. *Delete where inapplicable No. 23 THE HIGH COURT BANKRUPTCY Office Reference No: .......................... Statement of Affairs of ....................................... (Name) Address: .............. The date of Adjudication ................ /................ /................ ______________ Previous Bankruptcies/Arrangements (if any) *I was a bankrupt in the year ............... *I presented a Petition for Arrangement in the year .............. And effected an arrangement of ............... in the Euro Debts amounting to €............... . *Delete if not applicable Signed: ............................................. (Please note that all pages must be signed by person swearing this affidavit.) Summary of Statement of Affairs (Please insert total sums in relation to each heading) Part 1: Assets A Moveable Property € Page.

1. i)Cash € Page.
2. ii)Accounts with Financial Institutions which show a balance to credit € Page. iii) Investments € Page.
3. iv)Debts due to you € Page.
4. v)Other Assets € Page. B Immoveable Property € Page. Part 2: Liabilities
5. i)Unsecured Creditors € Page.
6. ii)Secured Creditors € Page. Part 3: General
7. i)Income € Page.
8. ii)Property in Expectancy Yes/No Page. iii) Accounts, Papers, Deeds, Etc. Yes/No Page. Part 4: Declaration Signed: ............................................. PART 1 — LIST OF ASSETS A — MOVEABLE PROPERTY i.e. all assets other than land or buildings
9. i)Cash State amount of cash in your possession Total amount of cash in Hand €.............................
10. ii)Accounts with Financial Institution Give details of any sums held by you in Financial Institution accounts, including account number and branch where account held (overdrawn accounts should not be shown here but should be shown under unsecured creditors at page ....... below):- No. Name of Financial Institution Branch A/C Number Balance (€) FI1 FI2 FI3 FI4 FI5 FI6 FI7 FI8 FI9 FI10 FI11 FI12 FI13 FI14 FI15 FI16 Total amount in Financial Institution € Signed: ............................................. iii) Investments Give details of any investments you have, i.e. stocks, shares, bonds, savings certificates, endowment insurance, pension, life policies, etc. No. Type of Investment Name and address of Company or Institution Ref. No. Current Estimated Value INV1 INV2 INV3 INV4 INV5 INV6 Give details of any company (registered with Company’s Registration Office) in which you have had a management role in the last five years No. Name and address of Company % Shareholding CRO. No. Current Estimated Value of your interest allowing for dividend distributions, Directors Loans to and from company etc. SH1 SH2 SH3
11. iv)Debts due to you Give details of any debts owed to you, stating the name and address of the person or body by whom the debt is owed. No. Name and address of Debtor Nature of Debt Amount due (€) Disputed Y/N D1 D2 D3 D4 D5 D6 D7 D8 D9 Signed: .............................................
12. v)Other Assets (Other than land or Buildings) List any other property owned by you or in the course of purchase under credit, e.g. motor vehicles, goodwill of a business, electrical goods, jewellery, antiques, livestock, machinery. No. Full Description of Asset State whether items subject to hire purchase or other credit agreement — YES/NO Estimated Current Value OTH1 OTH2 OTH3 OTH4 OTH5 OTH6 OTH7 OTH8 OTH9 OTH10 OTH11 OTH12 OTH13 OTH14 OTH15 OTH16 OTH17 OTH18 OTH19 OTH20 OTH21 OTH22 OTH23 OTH24 OTH25 Signed: ............................................. B — IMMOVEABLE PROPERTY (Land, houses, buildings etc.) List all the buildings/land in which you have an interest as owner or tenant. No. Type of Property and Folio Number Address Nature of Intereste.g. Tenant or Owneror Joint Owner Estimated CurrentValue MortgageAmount owing Estimated current value of your interest LB1 LB2 LB3 LB4 LB5 LB6 LB7 LB8 LB9 LB10 LB11 LB12 Signed: ............................................. PART 2 — LIST OF CREDITORS UC — Unsecured Creditors (specify unsecured debts due by you) Unsecured creditors (These do not include a mortgage (including judgment mortgage), charge or lien created in respect of liability e.g. personal bills, loans or overdrafts, creditor invoices and liabilities in respect of personal guarantees etc.) No. Name and address of Creditor Email Address Description of Debt Account No. (if any) Amount Due € Accepted or Disputed UC1 UC2 UC3 UC4 UC5 UC6 UC7 UC8 UC9 UC10 UC11 UC12 UC13 UC14 UC15 UC16 UC17 UC18 UC19 UC20 UC21 UC22 UC23 UC24 Total amount of unsecured creditors Signed: ............................................. SC-Secured Creditors (Specify debts due by you which have been secured against assets.) Secured Creditors (a secured creditor is a creditor who can repossess and sell your assets if you fall behind with your payments. For example a mortgage or charge over your house, a hire purchase or lease agreement over your vehicle or a bill of sale over your non-company business assets) No. Name and address of Financial Institution Specify whether a mortgage / hire purchase / lease agreement and provide the account number Amount Due € Details of relevant property including the folio number SC1 SC2 SC3 SC4 SC5 SC6 SC7 SC8 SC9 SC10 SC11 SC12 SC13 SC14 SC15 SC16 SC17 SC18 SC19 SC20 SC21 SC22 SC23 SC24 SC25 SC26 Total amount of secured creditors € Signed: ............................................. PART 3 — GENERAL
13. i)Income Average monthly take home pay net of taxation (including overtime, commission, bonus etc.) € Other income e.g. pensions, income bonds,benefits etc. (please specify) € Total Income INC01 € Total Set Costs (Reasonable Living Expenses based on household composition) € Total Other Costs(Mortgage/Rent,Childcare, Special Circumstances) €€€
14. ii)Property in Expectancy No. Description of Property Testator / Settlor Name and Address By Will / Intestate Succession or Trust E1 E2 E3 E4 E5 E6 E7 iii) Accounts, Papers, Deeds, Electronic Records and other documents relating to my estate No. Description In whose possession and where to be found 1 2 3 4 5 6 Signed: ............................................. PART 4 — DECLARATION I, the said ......................................... make oath and say: I have carefully read the foregoing statement of my affairs, on each page of which I have signed my name. * My debts exceed my assets by the sum of € *My assets exceed my debts by the sum of € I say that the same contains a full and true account of all debts due by me; that the same are justly due by me, save as therein otherwise stated; and that I am not, to my knowledge, indebted to any person or persons except the creditors therein named. I say that the said statement contains a full and true account of all debts due to me and that there are not to my knowledge or belief any debts due to me except the debts therein returned. I say that the said statement contains a full and true account and description of all other property of any kind or description whatsoever of which I am possessed or to which I am entitled. Sworn at In the County of ...................................................... This ....... day of ...................... Two Thousand and ............. before me a Commissioner for Oaths [or as the case may be] and I know the Deponent Signed ............................................ ................................................ Commissioner for Oaths [or as the case may be] Signed ______________ Solicitor for the debtor Note It is the duty of the bankrupt to prepare his statement of affairs in this form and to be accurate in making the statements for which the several columns are intended. Particular attention is required as to dates and amounts. *Insert as appropriate. Note that a debtor may not present a petition for adjudication unless the debts of the debtor exceed the assets of the debtor by an amount greater than €20,000. (section 11