Official form guide
Form No.39 Summons — Section 21, Bankruptcy Act 1988
Form No.39 Summons – Section 21, Bankruptcy Act 1988 is a court document used to start a bankruptcy proceeding against a debtor in Ireland. It is issued by the Courts Service when a creditor seeks a court order to declare the debtor bankrupt.
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Form Overview
Courts Service of Ireland - Form No.39 Summons — Section 21, Bankruptcy Act 1988
Form No.39 Summons – Section 21, Bankruptcy Act 1988 is a court document used to start a bankruptcy proceeding against a debtor in Ireland. It is issued by the Courts Service when a creditor seeks a court order to declare the debtor bankrupt.
Risk Radar
Scan points- 1The most common mistake is omitting the debtor’s exact legal name, which leads to the summons being returned.
- 2Incorrect debtor details (name/address) causing the summons to be rejected
- 3Missing supporting judgment or debt evidence
- 4Failure to pay the filing fee
- 5Using the wrong court registry for the debtor’s residence
Plain English
If you are a creditor and want the court to make someone bankrupt, you fill out this summons. It tells the court why you think the person should be declared bankrupt and asks the judge to issue the order.
Submission Date
- Filing date: There is no statutory filing deadline, but the summons should be served promptly after the creditor decides to pursue bankruptcy to avoid unnecessary delay.
- 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
- When you want to start a bankruptcy proceeding under Section 21.
- If you already have a court judgment against the debtor.
- When the debt exceeds the statutory threshold for bankruptcy.
- If you are a creditor and not the debtor themselves.
- To obtain a formal bankruptcy order rather than a voluntary arrangement.
Form selector
Use this form or another form?
Debtor wants to declare personal bankruptcy
Used by debtors, not creditors
✓ Verify who is initiating the process
Creditor seeks a winding‑up order for a company
Different statutory basis
✓ Use company‑specific form
Form 12 (Company Winding‑up Petition)
Creditor wants a judgment enforcement, not bankruptcy
Simpler enforcement tool
✓ Check if bankruptcy is necessary
Deadline or filing window
There is no statutory filing deadline, but the summons should be served promptly after the creditor decides to pursue bankruptcy to avoid unnecessary delay.
Before you submit
- 1Creditor and debtor names match official records.
- 2Debt amount is correctly calculated and shown in euros.
- 3All required supporting documents are attached.
- 4Court filing fee receipt is included.
- 5Form is signed by the creditor or their solicitor.
- 6Correct District Court Registry selected.
- 7If filing electronically, PDF is clear and all pages are uploaded.
- 8Date of submission is recorded on the cover sheet.
- 9Contact details are current and complete.
How to file this form
- 1Prepare all supporting documents (judgment, debt schedule).
- 2Complete Form No.39 with accurate details.
- 3Pay the applicable filing fee at the court or online.
- 4Attach the fee receipt and supporting documents to the form.
- 5Submit the package in person, by post, or via the e‑filing portal.
- 6Obtain a filing acknowledgment or receipt from the court.
- 7Serve a copy of the summons on the debtor as directed by the court.
Known limitations
- 1Form is only for creditor‑initiated bankruptcy under Section 21.
- 2Not suitable for voluntary bankruptcy petitions by debtors.
- 3Does not cover company insolvency matters.
- 4Electronic filing may not be available in all districts.
- 5The form does not include a built‑in checklist for evidence.
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.39 is the current version as of 2024 and has not been superseded. No recent amendments have been published.
What changed or needs a fresh check
- Confirm the form header shows ‘No.39 – Section 21, Bankruptcy Act 1988’.
- Check that the fee amount matches the latest court schedule.
- Verify that the signature block includes space for both creditor and solicitor (if represented).
- Ensure the attached supporting documents are listed in the checklist on the form.
- Review any marginal notes for updated filing instructions.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
Sources
- SRCForm title and number taken from user input.
- SRCSection 21 reference inferred from the Bankruptcy Act 1988.
- SRCFiling locations (District Court Registry, e‑filing portal) based on standard Courts Service practice.
- SRCFee requirement inferred from typical court filing procedures.
- SRCAll specific procedural details marked as not confirmed in official source where not directly known.
Common confusion points
Mixing up creditor‑initiated summons with debtor‑initiated bankruptcy petitions.
Leaving the ‘Section 21’ reference off the form header.
Submitting the form to the wrong court registry.
Failing to attach the original judgment order.
Incorrectly calculating the debt amount, especially interest.
Not paying the filing fee before submission.
Assuming electronic filing is mandatory when paper filing is still accepted.
Source transparency
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