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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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
- The most common mistake is omitting the exact debt figure, which can stall the discharge.
- Leaving the creditor details incomplete
- Signing without confirming the exact debt amount
- Sending the form to the wrong court registry
- Failing 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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Creditor objects to discharge | Form 36 Objection to Discharge | Must state reasons for objection | Verify you are actually objecting, not consenting |
| Multiple creditors need a single consent | Form 35 (joint) | All creditors sign the same form | Ensure all signatures are present |
| Court requires a statutory declaration | Form 37 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
- • Creditor name and address match official records
- • Correct bankruptcy case number entered
- • Exact amount of debt stated
- • Signature and date are legible
- • Witness signature (if required) present
- • Form is the latest version (check header)
- • All required attachments included
- • Copy retained for personal records
- • Cover letter with case reference attached
- • Postage 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
- • Form only accepts consent; it cannot be used to raise objections.
- • Not valid for personal insolvency arrangements (PIRs).
- • Electronic submission may not be accepted by every court.
- • Witness requirement varies by jurisdiction; check local rules.
- • Does not capture multiple separate debts on one form.
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✦ Open in AI EditorCurrent Form Status
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.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 28/01/26
Downloads
No.35 Consent of Creditor to Discharge From Bankruptcy Section 85b, Bankruptcy Act 1988
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After you file
- • Obtain a receipt or acknowledgment from the court.
- • Inform the bankruptcy trustee that consent has been filed.
- • Monitor the court’s docket for the discharge order date.
- • Keep the original form safe in case the court requests it again.
- • Update your internal creditor records to reflect the consent.
Source and verification log
- • Form title and number from Courts Service catalogue – not confirmed in official source
- • Section 85b reference from Bankruptcy Act 1988 – not confirmed in official source
- • Typical filing location (court registry) – not confirmed in official source
- • E‑Filing availability for bankruptcy matters – not confirmed in official source
- • Witness signature requirement – not confirmed in official source
- • 28‑day discharge window – not confirmed in official source
Common confusion points
7 things to watch for
- 1
Mixing up Form 35 (consent) with Form 36 (objection).
- 2
Leaving the debt amount blank or approximated.
- 3
Sending the form to the wrong district court.
- 4
Uncertainty about whether a witness signature is needed.
- 5
Using an outdated version of the form.
- 6
Assuming electronic submission is always accepted.
- 7
Failing to reference the correct bankruptcy case number.
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