No.43 Warrant of Committal for Unsatisfactory Answering or for Refusing to Sign Examination—section 24 Bankruptcy Act 1988
Form No.43 is a Warrant of Committal used by the Courts Service of{{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {
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No.43 Warrant of Committal for Unsatisfactory Answering or for Refusing to Sign Examination—section 24 Bankruptcy Act 1988
Form No.43 is a Warrant of Committal used by the Courts Service of{{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {
Risk Radar
- The most common mistake is forgetting to attach the written notice of the debtor’s refusal.
- Incorrect case number entered
- Missing signature of the trustee
- Failure to attach proof of refusal
- Submitting to the wrong court registry
Plain English
If a person being examined in a bankruptcy case refuses to answer questions or won’t sign the examination record, the trustee can ask the court for a warrant to have them taken into custody. This form asks the court to issue that warrant under section 24 of the Bankruptcy Act 1988.
Submission Date
- There is no fixed statutory deadline, but filing promptly after the refusal avoids unnecessary delays and extra costs.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When a debtor refuses to answer any question in a bankruptcy examination.
- • When a debtor refuses to sign the examination record.
- • When the refusal is documented in writing.
- • When the trustee needs a court order to compel attendance.
- • When the bankruptcy case is already active in the Circuit or High Court.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Debtor fails to appear for examination | Form No.44 (Warrant of Committal for Non‑Attendance) | Different statutory ground | Verify the reason for non‑attendance first |
| Bankruptcy petition needs to be filed | Form N1 (Bankruptcy Petition) | Initiates bankruptcy, not committal | Use only at the start of the process |
| Debtor disputes the examination | Form N2 (Objection to Examination) | Legal challenge, not committal | File objection before seeking a warrant |
Deadline or filing window
There is no fixed statutory deadline, but filing promptly after the refusal avoids unnecessary delays and extra costs.
Before you submit
- • Case number matches the bankruptcy file.
- • Debtor’s full name and address are correct.
- • Description of refusal is clear and concise.
- • Written notice of refusal is attached.
- • Form is signed and dated by the trustee.
- • Correct court registry selected.
- • Enough copies for the court and the debtor’s file.
- • Postage or e‑filing receipt retained.
- • Any required filing fee is paid.
How to file this form
- 1Download or collect Form No.43.
- 2Complete all required fields.
- 3Attach the written refusal notice.
- 4Sign and date the form.
- 5Prepare the filing fee (if applicable).
- 6Deliver the form to the appropriate court registry.
- 7Obtain and file the receipt in the bankruptcy file.
Known limitations
- • Only applicable to refusals under section 24 of the Bankruptcy Act 1988.
- • Not valid for civil contempt or other court orders.
- • Requires prior written notice of refusal.
- • Must be filed in the court handling the bankruptcy case.
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✦ Open in AI EditorCurrent Form Status
Form No.43 is currently the latest version used by the Courts Service; no recent amendments have been published as of 2024.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check that the form header shows the 2024 version date.
- • Confirm the court registry address matches the latest Courts Service list.
- • Verify that the statutory reference (section 24, Bankruptcy Act 1988) is still correct.
- • Ensure the signature line includes space for the Official Assignee’s signature.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 28/01/26
Downloads
No.43 Warrant of Committal for Unsatisfactory Answering or for Refusing to Sign Examination—section 24 Bankruptcy Act 1988
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After you file
- • Await the court’s decision and warrant issuance.
- • If granted, arrange for the debtor’s committal with bailiffs.
- • Update the bankruptcy file with the court order.
- • Notify the Official Assignee and any interested parties.
- • Monitor any appeals or objections lodged by the debtor.
Source and verification log
- • Form title and number from Courts Service catalogue – confirmed.
- • Section 24 Bankruptcy Act 1988 reference – confirmed.
- • Filing location (Circuit/High Court registry) – not confirmed in official source.
- • Electronic filing availability via Courts Service portal – not confirmed in official source.
- • Fee requirement – not confirmed in official source.
Common confusion points
5 things to watch for
- 1
Mixing up Form No.43 with Form No.44 (different grounds).
- 2
Assuming a verbal refusal is enough – written notice is required.
- 3
Submitting to the wrong court registry.
- 4
Leaving the signature line blank.
- 5
Failing to include the case number on every page.
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