Official form guide
Form No.35 Consent of Creditor to Discharge From Bankruptcy Section 85b, Bankruptcy Act 1988
Form No. 35 is a Consent of Creditor to Discharge From Bankruptcy under Section 85b of the Bankruptcy Act 1988. It is used when a creditor agrees that a bankrupt individual or company may be discharged from the bankruptcy order.
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Form Overview
Courts Service of Ireland - Form No.35 Consent of Creditor to Discharge From Bankruptcy Section 85b, Bankruptcy Act 1988
Form No. 35 is a Consent of Creditor to Discharge From Bankruptcy under Section 85b of the Bankruptcy Act 1988. It is used when a creditor agrees that a bankrupt individual or company may be discharged from the bankruptcy order.
Risk Radar
Scan points- 1The most common mistake is omitting the exact debt figure, which can stall the discharge.
- 2Leaving the creditor details incomplete
- 3Signing without confirming the exact debt amount
- 4Sending the form to the wrong court registry
- 5Failing to attach a witness signature where required
Plain English
If you are a creditor and you are happy for a bankrupt debtor to be released from their bankruptcy, you sign this paper. It tells the court you have no further claim against the debtor and that you support their discharge.
Submission Date
- Filing date: The consent should be filed before the court’s scheduled discharge hearing, typically within 28 days of the trustee’s discharge proposal.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use when a single creditor gives consent to discharge.
- Use when a group of creditors jointly agrees to consent.
- Do not use for objections – a different form (e.g., Form 36) is required.
- Use only for bankruptcies under the Bankruptcy Act 1988, not for personal insolvency arrangements.
- Use after the trustee’s discharge proposal has been prepared.
Form selector
Use this form or another form?
Creditor objects to discharge
Must state reasons for objection
✓ Verify you are actually objecting, not consenting
Multiple creditors need a single consent
All creditors sign the same form
✓ Ensure all signatures are present
Court requires a statutory declaration
Used for sworn statements
✓ Check if a declaration is specifically requested
Deadline or filing window
The consent should be filed before the court’s scheduled discharge hearing, typically within 28 days of the trustee’s discharge proposal.
Before you submit
- 1Creditor name and address match official records
- 2Correct bankruptcy case number entered
- 3Exact amount of debt stated
- 4Signature and date are legible
- 5Witness signature (if required) present
- 6Form is the latest version (check header)
- 7All required attachments included
- 8Copy retained for personal records
- 9Cover letter with case reference attached
- 10Postage or e‑filing confirmation saved
How to file this form
- 1Download or collect Form No. 35.
- 2Complete all fields in black ink or via the e‑Filing portal.
- 3Obtain any required witness signature.
- 4Make a photocopy for your records.
- 5Send the original to the court registry handling the bankruptcy.
- 6Confirm receipt (email or postal tracking).
- 7Notify the trustee that consent has been filed.
Known limitations
- 1Form only accepts consent; it cannot be used to raise objections.
- 2Not valid for personal insolvency arrangements (PIRs).
- 3Electronic submission may not be accepted by every court.
- 4Witness requirement varies by jurisdiction; check local rules.
- 5Does not capture multiple separate debts on one form.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form No. 35 is currently the up‑to‑date version for Section 85b consents. No major revisions have been announced in the last 12 months.
What changed or needs a fresh check
- Confirm the form header shows ‘Section 85b, Bankruptcy Act 1988’.
- Check that the creditor reference field matches the latest creditor number format.
- Verify the witness signature line is still required (some courts have removed it).
- Ensure the date format follows DD/MM/YYYY as used by Irish courts.
- Look for any updated instructions on the Courts Service website.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
Sources
- SRCForm title and number from Courts Service cataloguenot confirmed in official source
- SRCSection 85b reference from Bankruptcy Act 1988not confirmed in official source
- SRCTypical filing location (court registry)not confirmed in official source
- SRCE‑Filing availability for bankruptcy mattersnot confirmed in official source
- SRCWitness signature requirementnot confirmed in official source
- SRC28‑day discharge windownot confirmed in official source
Common confusion points
Mixing up Form 35 (consent) with Form 36 (objection).
Leaving the debt amount blank or approximated.
Sending the form to the wrong district court.
Uncertainty about whether a witness signature is needed.
Using an outdated version of the form.
Assuming electronic submission is always accepted.
Failing to reference the correct bankruptcy case number.
Source transparency
Copyright & Licensing — Irish Government Forms
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