Isi Notes On The Forms For Bankruptcy Page 3
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34Debtor Petition, Affidavit & Statement of
Affairs
At the Court
A Sample Debtor Petition and Affidavit with COMI in Ireland and
sample Statement of Affairs.-see Appendix 1
At the Court hearing you should request the following.
The petition is the form that must be completed by a debtor in order to
“Centre of main interest” or COMI is a European law concept, which
apply to Court to be made bankrupt.
• That (in order to save you costs) the Notice of the Adjudication
broadly means where you conduct the administration of your interests
and Statutory Sitting in your case be published on the ISI
An affidavit must also be filed to verify the petition, which means
on a regular basis. If you work or run a business in Ireland, or have
website as an alternative to publication in one daily newspaper.
swearing that everything said in the petition is true. An affidavit is a
generally lived in Ireland for several years, and you do not have
• That the court fix a date for the Statutory Sitting in your case.
written, signed and sworn statement which allows a person to formally
business or investment interests outside Ireland, then your centre of
• That since you have filed a Statement of Affairs in prescribed
affirm something to be true before a person that is authorised to
main interest is likely to be in Ireland and you can use this sample
form No.23 at Adjudication stage, the requirement to file a
petition with appropriate changes.
witness the statement (such as a practicing solicitor, Commissioner for
Statement of Affairs under Section 19 (c) of the Bankruptcy act
Oaths or an officer of the Court).
The ISI has published some sample bankruptcy scenarios on its
1988 be dispensed with.
Finally, the petition must be accompanied by a Statement of Affairs.
website:
Bankruptcy Scenarios
.
This document (which is also sworn by the debtor and verified by
Appendix 1 to these notes contains a sample Petition and Affidavit
affidavit) sets out the debtor’s assets/property, liabilities, income and
based on the first bankruptcy scenario. This sample assumes that the
expenditure at the date of adjudication.
“centre of main interest” or COMI is in Ireland. This is set out for
Please note that there is a Statement of Affairs form no. 23 available on
illustrative purposes only as to what such a Petition and Affidavit might
the Courts Service website which can be filled in electronically:
look like. There is also a sample Statement of Affairs.
Form No.23
However, if you work or have recently worked or conducted business
Remember to bring copies of all of your completed court documents
or investments in another EU Member State, or you are or have been
with you to court on your hearing date. It is also helpful to bring any
in a process similar to bankruptcy in another EU Member State, then
supporting documents you have used to prepare your statement of
this sample may not be suitable for you. Under European law, any
affairs, as the Judge may have questions for you to clarify points arising
primary adjudication of insolvency should happen where the debtor
in your application.
has his or her centre of main interest. You can still be adjudicated
bankrupt in Ireland, but only on a more limited basis, in what are called
secondary or territorial bankruptcy proceedings, both of which assume
that your main bankruptcy will be in another EU Member State. If you
think this applies to you, you should take professional advice on the
appropriate form to use.
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