Isi Notes On The Forms For Bankruptcy Page 4
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34Leave this section blank - it will be
filled in by the Examiners office
As the person seeking to be made bankrupt, you
are described as the “petitioner”
No.13
Insert your trade or profession, regardless of
PETITION BY A DEBTOR TO BE ADJUDICATED A BANKRUPT
whether you are currently employed, e.g.
Delete as appropriate
builder, farmer, hotel manager, etc
THE HIGH COURT
This means that you cannot pay your debts, as
BANKRUPTCY
For example:
should be clear from your statement of affairs
No.
“the petitioner has always lived and worked in
Ireland at the above address, and all/the
The petition of [insert your name] of [insert your address], [insert your description] shows as
If you have been the subject of either a Debt
majority in number and value of his/her
follows:
Settlement Arrangement or a Personal
creditors are situated in Ireland.”
Insolvency Arrangement and one of the
1. Your petitioner is unable to meet *his *her engagements with *his *her creditors, as will appear
following statements applies to you, you should
from the statement of affairs and affidavit of your petitioner filed herewith.
“the petitioner has always conducted the
also include that statement here:
administration of his/her business interests from
2. Council Regulation (EC) No 1346/2000 applies to the proceedings. Your petitioner’s centre of
Ireland, at [address] and all of the petitioner’s
“Your petitioner has been subject as a debtor to
main interests (determined in accordance with Council Regulation (EC) No 1346/2000) is situated
debts relate to business conducted in Ireland.
in the State because (state the facts and grounds relied on).
a Debt Settlement Arrangement which has been
The petitioner does not have any place of
terminated under section 83 of the Personal
establishment elsewhere in the European
Your petitioner therefore requests that your petitioner may be adjudged bankrupt in main
Insolvency Act 2012.”
proceedings, (in accordance with Article 3(1) of Council Regulation (EC) No 1346/2000).
Union.”
“Your petitioner has been subject as a debtor to
YOUR PETITIONER HEREBY UNDERTAKES to this Honourable Court that, in the event of *his *her
a Debt Settlement Arrangement which under
being so adjudged, your petitioner will attend in person at the statutory sitting, and will advertise
Insert the date of your application
section 84 of the Personal Insolvency Act 2012 is
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
deemed to have failed.”
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
“ Your petitioner has been subject as a debtor to
Sign the petition here in the presence of a
UNDERTAKES to lodge such sums as this Honourable Court may direct to cover such costs, fees
a Personal Insolvency Arrangement which has
witness
and expenses.
been terminated under section 122 of the
Personal Insolvency Act 2012.”
Dated
The witness should sign here
“Your petitioner has been subject as a debtor to
Signed
a Personal Insolvency Arrangement which under
(Signed)
section 123 of the Personal Insolvency Act 2012
The name, address and description of the
is deemed to have failed.”
Witness
witness should be included here-
This means that if the Court adjudicates you
(name, address and description of witness)
e.g. “John Smith, 14 New Road, Dublin 6,
bankrupt, the main proceedings will be in
Postman”
Received this ………day of ……………20…, at the hour of……..o'clock in the……noon.
Ireland. If you have interests in other EU
Member States, it would be possible that
(The petition must be accompanied by a statement of affairs in Form 23. The following affidavit
secondary or territorial bankruptcy proceedings
must be filed to verify the petition, and may be endorsed on the petition).
This will be completed by the Court office
would be opened in respect of you in another
EU Member State, but these would generally be
confined to dealing with any assets you have in
that other Member State.
3
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