No.46 Warrant of Seizure—section 27 Bankruptcy Act 1988
Form No.46 is a Warrant of Seizure issued under section 27 of the Bankruptcy Act 1988. It is used by a bankruptcy trustee or the Director of the Insolvency Service to order the seizure of a bankrupt's assets.
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No.46 Warrant of Seizure—section 27 Bankruptcy Act 1988
Form No.46 is a Warrant of Seizure issued under section 27 of the Bankruptcy Act 1988. It is used by a bankruptcy trustee or the Director of the Insolvency Service to order the seizure of a bankrupt's assets.
Risk Radar
- The most common mistake is leaving the asset description too vague, causing the warrant to be rejected.
- Incorrect case number or debtor details
- Vague or incomplete asset description
- Missing trustee signature
- Submitting to the wrong court registry
Plain English
When someone is declared bankrupt, a trustee can ask the court for a legal order to take the debtor's property. This form is that order. It tells the court which assets can be seized and authorises the seizure.
Submission Date
- There is no statutory filing deadline, but the warrant should be issued promptly after the trustee decides to seize assets to avoid loss or dissipation of those assets.
- 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 bankruptcy trustee needs a court order to seize specific assets.
- • After a bankruptcy order has been entered and assets are identified.
- • Instead of a general writ of execution, which is used for non‑bankruptcy judgments.
- • When the debtor disputes the seizure and a formal warrant is required.
- • For enforcement of a bankruptcy order under section 27 only.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Enforcing a judgment on a non‑bankrupt | Form No.28 (Writ of Execution) | Used for standard civil judgments, not bankruptcy | Verify the debtor is not under bankruptcy proceedings |
| Applying for a charging order on land | Form No.47 (Charging Order) | Secures a debt against real property | Only when the debt is a court judgment, not a bankruptcy seizure |
| Requesting a garnishee order on wages | Form No.49 (Garnishee Order) | Targets earnings rather than physical assets | Use when assets are not readily identifiable |
Deadline or filing window
There is no statutory filing deadline, but the warrant should be issued promptly after the trustee decides to seize assets to avoid loss or dissipation of those assets.
Before you submit
- • Bankruptcy case number correct?
- • Debtor’s full name and address entered?
- • All assets listed with clear description and location?
- • Trustee’s signature and date present?
- • Supporting inventory attached?
- • Correct court registry selected?
- • Copy of the original bankruptcy order attached?
- • Form printed clearly (no smudges) if posting.
- • Receipt or acknowledgment obtained after filing.
How to file this form
- 1Prepare a detailed asset inventory.
- 2Complete Form No.46 with accurate case and debtor details.
- 3Sign the form as the authorized trustee.
- 4Attach the inventory and any required court orders.
- 5Deliver the package to the appropriate District Court registry or upload via the Courts Service portal.
- 6Obtain a filing receipt or confirmation email.
- 7File a copy with the Insolvency Service records.
Known limitations
- • Only applicable for bankruptcies under the Bankruptcy Act 1988.
- • Cannot be used for non‑bankruptcy civil judgments.
- • Requires a prior bankruptcy order; cannot be filed pre‑emptively.
- • Electronic filing may not be available in all districts.
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✦ Open in AI EditorCurrent Form Status
Form No.46 is currently in use with no known revisions in the past year. Check the Courts Service website for any recent updates before filing.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form number and title match the latest Courts Service list.
- • Check if the online filing option has been added or updated.
- • Verify the required supporting documents (asset inventory) are listed.
- • Ensure the signature field includes the current statutory wording.
- • Look for any new fee requirements on the Courts Service fee schedule.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 28/01/26
Downloads
No.46 Warrant of Seizure—section 27 Bankruptcy Act 1988
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After you file
- • Monitor the court’s response or any objections from the debtor.
- • Arrange for bailiffs or authorized agents to carry out the seizure.
- • Update the bankruptcy estate inventory with seized items.
- • Notify creditors of the assets recovered.
- • Keep all correspondence for future audit or appeal.
Source and verification log
- • Form title and number confirmed from Courts Service form list.
- • Section 27 Bankruptcy Act 1988 reference inferred from form name.
- • Filing location (District Court registry) inferred from typical court processes.
- • Online portal availability not confirmed in official source.
- • Specific fee information not confirmed in official source.
- • Exact wording of signature field not confirmed in official source.
Common confusion points
6 things to watch for
- 1
Mixing up Form No.46 with the generic writ of execution (Form No.28).
- 2
Leaving out the statutory reference to section 27, which can invalidate the warrant.
- 3
Submitting to the wrong district court (e.g., using the High Court registry).
- 4
Assuming electronic filing is mandatory when some courts still require paper.
- 5
Failing to attach the original bankruptcy order as proof of authority.
- 6
Describing assets too generally, leading to a vague warrant.
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