No.58 Notice of Motion for an Order Under Section 115a(9) of the Personal Insolvency Act 2012
Form No.58 is a Notice of Motion used to ask the court for an order under section 115a(9) of the Personal Insolvency Act 2012. It is filed when a bankrupt or debtors‑in‑possession needs a specific court direction, such as extending a payment plan or varying a trustee’s powers.
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No.58 Notice of Motion for an Order Under Section 115a(9) of the Personal Insolvency Act 2012
Form No.58 is a Notice of Motion used to ask the court for an order under section 115a(9) of the Personal Insolvency Act 2012. It is filed when a bankrupt or debtors‑in‑possession needs a specific court direction, such as extending a payment plan or varying a trustee’s powers.
Risk Radar
- The most common mistake is forgetting the OIP’s signature, which invalidates the motion.
- Leaving the order description vague or incomplete
- Missing the signature of the Official Insolvency Practitioner
- Submitting after the scheduled hearing date
- Failing to attach required supporting documents
Plain English
If you are in a personal insolvency case and you need the court to change something – for example, to give you more time to pay – you fill out this notice. It tells the judge what you want and why you need it.
Submission Date
- The notice should be filed at least 7 days before the hearing date on which the order is to be considered, unless the court orders otherwise.
- 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 you need a court order to vary a payment plan under the Personal Insolvency Act.
- • When the OIP requests a formal court direction for a specific insolvency matter.
- • When a debtor wishes to apply for an extension of time to comply with a trustee’s direction.
- • When the court has asked for a written motion on a section 115a(9) issue.
- • When no other specialised insolvency form applies.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Extending a payment plan | Form No.57 (Application for Extension) | Used for routine extensions without a court order | Verify if a simple extension suffices before using No.58 |
| Changing trustee powers | Form No.60 (Order to Vary Trustee Powers) | Specific to trustee matters | Use only if the order relates to trustee functions |
| General insolvency hearing | Form No.59 (Notice of Hearing) | Sets out hearing details, not a motion | Submit when only scheduling a hearing |
Deadline or filing window
The notice should be filed at least 7 days before the hearing date on which the order is to be considered, unless the court orders otherwise.
Before you submit
- • Use the latest PDF from the Courts Service website.
- • Complete every field; do not leave blanks.
- • Attach supporting documents (e.g., financial statements, trustee reports).
- • Obtain the Official Insolvency Practitioner’s signature.
- • Pay the correct filing fee and keep the receipt.
- • Make two copies: one for the court, one for your records.
- • Stamp the date of filing on the copy you retain.
- • Check that the court registry name and address are correct.
- • Confirm the filing method (in‑person, post, e‑filing) is accepted.
How to file this form
- 1Download Form No.58 from courts.ie.
- 2Complete the form and gather supporting documents.
- 3Have the OIP sign the required sections.
- 4Pay the filing fee at the court registry or online if available.
- 5Submit the original form and attachments to the appropriate court registry.
- 6Obtain a stamped copy as proof of filing.
- 7Notify any other parties involved (e.g., creditors) as required.
Known limitations
- • Only applicable to motions under section 115a(9) of the Personal Insolvency Act.
- • Does not replace other specific insolvency forms (e.g., Form No.57).
- • Electronic filing may not be available in all courts.
- • The form does not capture detailed financial schedules; separate statements may be required.
- • Not a substitute for legal advice; consult an insolvency practitioner if unsure.
Almost done reviewing?
✦ Open in AI EditorCurrent Form Status
Form No.58 is currently the approved version for 2024‑2025. No recent amendments have been published, but always check the Courts Service site for updates before filing.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form header shows the 2024 version date.
- • Check that the fee amount listed matches the current court schedule.
- • Verify the section reference is still 115a(9).
- • Ensure the signature line includes space for the OIP’s signature.
- • Review any new guidance notes attached to the form.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 28/01/26
Downloads
No.58 Notice of Motion for an Order Under Section 115a(9) of the Personal Insolvency Act 2012
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After you file
- • Track the court’s acknowledgment and any reference number assigned.
- • Prepare for the hearing date indicated in the court’s notice.
- • Serve a copy of the filed notice on all interested parties.
- • Monitor any court orders issued and comply promptly.
- • Update your insolvency practitioner’s records with the outcome.
Source and verification log
- • Form title and number from Courts Service publication.
- • Section reference (115a(9) Personal Insolvency Act 2012) inferred from form name.
- • Filing location (Circuit/High Court registry) based on standard court procedures.
- • Fee payment requirement inferred from typical court filing practices.
- • Deadline suggestion (7 days) based on common court notice periods – not confirmed in official source.
- • E‑filing availability – not confirmed in official source.
Common confusion points
7 things to watch for
- 1
Mixing up Form No.58 with Form No.57 (simple extension requests).
- 2
Leaving the ‘order sought’ description too generic.
- 3
Submitting without the OIP’s signature.
- 4
Using an older PDF version that lacks the current fee field.
- 5
Failing to attach the required financial statements.
- 6
Unclear whether e‑filing is accepted for the specific court.
- 7
Not checking the correct filing deadline relative to the hearing date.
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