No.6 Affidavit to Ground Application to Dismiss Bankruptcy Summons

What this form is for

• • Use when you have been served with a bankruptcy summons and want it dismissed.
• • Use instead of a general application for dismissal of a court order.
• • Use when you have specific procedural or substantive grounds to challenge the summons.
• • Do not use for appeals against a bankruptcy order already made.
• • Do not use if you are simply requesting a stay of proceedings – a different form is required.

Use this form or another form?

Deadline or filing window

File the affidavit before the hearing date noted on the summons, usually within 14‑21 days of service. Late filings may be rejected.

Before you submit

• • Downloaded the latest Form No.6 from courts.ie.
• • Completed all personal and case details accurately.
• • Listed each ground for dismissal clearly.
• • Attached relevant supporting documents.
• • Sworn before an authorized Commissioner for Oaths.
• • Signed and dated the affidavit.
• • Made two copies – one for the court, one for your records.
• • Checked the correct court registry address.
• • Paid any required filing fee (if applicable).
• • Retained proof of posting or e‑filing receipt.

How to file this form

1. 1Obtain the current Form No.6 from the Courts Service website.
2. 2Complete the form in black ink or electronically.
3. 3Arrange for a Commissioner for Oaths to witness your signature.
4. 4Prepare supporting documents and make copies.
5. 5Submit the original affidavit and copies to the appropriate court registry.
6. 6Obtain a filing receipt or confirmation of electronic submission.
7. 7Keep the receipt and a copy of the filed affidavit.

Known limitations

• • Only applicable to dismissing a bankruptcy summons, not to appeal an order.
• • Does not substitute for a full defence if the case proceeds.
• • Requires sworn evidence – cannot be filed unsigned.
• • May be rejected if the court’s procedural rules have changed since the form’s last update.