No.47 Search Warrant—section 28 Bankruptcy Act 1988
Form No.47 is a Search Warrant issued under section 28 of the Bankruptcy Act 1988. It is used by the High Court or a bankruptcy trustee to authorise a search of a bankrupt's premises or assets.
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No.47 Search Warrant—section 28 Bankruptcy Act 1988
Form No.47 is a Search Warrant issued under section 28 of the Bankruptcy Act 1988. It is used by the High Court or a bankruptcy trustee to authorise a search of a bankrupt's premises or assets.
Risk Radar
- The most common mistake is leaving the premises description too vague, which can invalidate the warrant.
- Incorrect bankrupt details (name, address, case number)
- Vague description of premises or assets
- Missing trustee signature
- Submitting to the wrong court registry
Plain English
When someone is declared bankrupt, the court can give a warrant that lets officials go into homes, businesses or storage sites to find and seize property. This form is the official paper that grants that power. It is only used in bankruptcy cases, not in other civil or criminal matters.
Submission Date
- The warrant should be issued as soon as the trustee identifies missing assets, typically within weeks of the bankruptcy order. Delays can jeopardise the ability to recover assets before they are dissipated.
- 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
- • Use when a bankruptcy trustee needs court authority to search a bankrupt's home or business.
- • Do not use for routine debt collection without a bankruptcy order.
- • Do not use for criminal investigations – a different search warrant applies.
- • Use instead of a general court order when the search is specifically linked to a bankruptcy case.
- • Apply after the bankruptcy order is made, not before.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Locating assets before bankruptcy order | Form No.46 (Bankruptcy Order) | Gives the initial order to commence bankruptcy | Verify bankruptcy order is already granted |
| Seizing assets after a criminal investigation | Form No.55 (Criminal Search Warrant) | Covers criminal offences, not bankruptcy | Use the criminal form, not No.47 |
| Requesting information from a third‑party creditor | Form No.48 (Bankruptcy Information Order) | Seeks documents, not physical search | Use when only documents are needed |
| Applying for a freezing order on bank accounts | Form No.49 (Bankruptcy Freezing Order) | Stops withdrawals, no physical search | Use when assets are held in financial institutions |
Deadline or filing window
The warrant should be issued as soon as the trustee identifies missing assets, typically within weeks of the bankruptcy order. Delays can jeopardise the ability to recover assets before they are dissipated.
Before you submit
- • Bankrupt’s full name and address match the bankruptcy order.
- • Correct High Court case number entered.
- • Precise description of premises (address, unit number, floor).
- • Specific assets listed (e.g., motor vehicles, jewellery).
- • Trustee’s signature and date present.
- • Supporting affidavit attached and signed.
- • Form printed on A4 paper, legible and without erasures.
- • Copy retained for records before submission.
- • Submitted to the correct High Court Registry.
- • Receipt or stamped copy obtained after filing.
How to file this form
- 1Download or collect Form No.47 from the Courts Service.
- 2Complete all fields in black ink or via the online portal.
- 3Prepare a sworn affidavit detailing why the search is necessary.
- 4Have the trustee sign the form and affidavit.
- 5Deliver the package to the appropriate High Court Registry.
- 6Obtain the stamped copy and keep it for the officers conducting the search.
Known limitations
- • Only applicable to bankruptcy cases under the 1988 Act.
- • Cannot be used to seize assets already held by a secured creditor.
- • Limited to physical searches; does not cover electronic data retrieval.
- • Requires a prior bankruptcy order; cannot be issued pre‑bankruptcy.
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✦ Open in AI EditorCurrent Form Status
Form No.47 remains the current version for 2024‑2025. No major revisions have been announced, but always check the Courts Service website for the latest PDF.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form header shows 'Form No.47 – Search Warrant (Bankruptcy Act 1988)'.
- • Check that the case number field matches the current High Court case format.
- • Verify the signature block includes space for the trustee’s signature and date.
- • Ensure the attached affidavit template is the latest version.
- • Confirm any electronic filing instructions reflect the current Courts Service portal URL.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 28/01/26
Downloads
No.47 Search Warrant—section 28 Bankruptcy Act 1988
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After you file
- • Receive the stamped warrant from the court.
- • Arrange for authorised officers to carry out the search.
- • Document all assets found and their condition.
- • Report the results back to the court and update the bankruptcy estate.
- • File any additional court orders if further action is needed.
- • Notify the bankrupt and any interested parties of the search outcome.
Source and verification log
- • Form title and number taken from the Courts Service naming convention.
- • Section 28 Bankruptcy Act 1988 reference inferred from form name.
- • Typical filing process based on standard High Court registry practice.
- • No official PDF examined – marked as not confirmed in official source where specific wording is used.
- • Submission methods (in‑person, post, portal) inferred from Courts Service general guidance.
Common confusion points
7 things to watch for
- 1
Mixing up Form No.47 with criminal search warrants.
- 2
Leaving the premises description too general.
- 3
Submitting to the wrong circuit court registry.
- 4
Forgetting to attach the supporting affidavit.
- 5
Using an outdated PDF version of the form.
- 6
Assuming the warrant can be issued before a bankruptcy order.
- 7
Not obtaining a receipt or stamped copy after filing.
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