Official form guide
Form No.43 Warrant of Committal for Unsatisfactory Answering or for Refusing to Sign Examination—section 24 Bankruptcy Act 1988
Form No.43 is a Warrant of Committal used by the Courts Service of{{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {
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Form Overview
Courts Service of Ireland - Form No.43 Warrant of Committal for Unsatisfactory Answering or for Refusing to Sign Examination—section 24 Bankruptcy Act 1988
Form No.43 is a Warrant of Committal used by the Courts Service of{{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {{ {
Risk Radar
Scan points- 1The most common mistake is forgetting to attach the written notice of the debtor’s refusal.
- 2Incorrect case number entered
- 3Missing signature of the trustee
- 4Failure to attach proof of refusal
- 5Submitting to the wrong court registry
Plain English
If a person being examined in a bankruptcy case refuses to answer questions or won’t sign the examination record, the trustee can ask the court for a warrant to have them taken into custody. This form asks the court to issue that warrant under section 24 of the Bankruptcy Act 1988.
Submission Date
- Filing date: There is no fixed statutory deadline, but filing promptly after the refusal avoids unnecessary delays and extra costs.
- 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 a debtor refuses to answer any question in a bankruptcy examination.
- When a debtor refuses to sign the examination record.
- When the refusal is documented in writing.
- When the trustee needs a court order to compel attendance.
- When the bankruptcy case is already active in the Circuit or High Court.
Form selector
Use this form or another form?
Debtor fails to appear for examination
Different statutory ground
✓ Verify the reason for non‑attendance first
Form No.44 (Warrant of Committal for Non‑Attendance)
Bankruptcy petition needs to be filed
Initiates bankruptcy, not committal
✓ Use only at the start of the process
Debtor disputes the examination
Legal challenge, not committal
✓ File objection before seeking a warrant
Form N2 (Objection to Examination)
Deadline or filing window
There is no fixed statutory deadline, but filing promptly after the refusal avoids unnecessary delays and extra costs.
Before you submit
- 1Case number matches the bankruptcy file.
- 2Debtor’s full name and address are correct.
- 3Description of refusal is clear and concise.
- 4Written notice of refusal is attached.
- 5Form is signed and dated by the trustee.
- 6Correct court registry selected.
- 7Enough copies for the court and the debtor’s file.
- 8Postage or e‑filing receipt retained.
- 9Any required filing fee is paid.
How to file this form
- 1Download or collect Form No.43.
- 2Complete all required fields.
- 3Attach the written refusal notice.
- 4Sign and date the form.
- 5Prepare the filing fee (if applicable).
- 6Deliver the form to the appropriate court registry.
- 7Obtain and file the receipt in the bankruptcy file.
Known limitations
- 1Only applicable to refusals under section 24 of the Bankruptcy Act 1988.
- 2Not valid for civil contempt or other court orders.
- 3Requires prior written notice of refusal.
- 4Must be filed in the court handling the bankruptcy case.
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.43 is currently the latest version used by the Courts Service; no recent amendments have been published as of 2024.
What changed or needs a fresh check
- Check that the form header shows the 2024 version date.
- Confirm the court registry address matches the latest Courts Service list.
- Verify that the statutory reference (section 24, Bankruptcy Act 1988) is still correct.
- Ensure the signature line includes space for the Official Assignee’s signature.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogueconfirmed.
- SRCSection 24 Bankruptcy Act 1988 referenceconfirmed.
- SRCFiling location (Circuit/High Court registry)not confirmed in official source.
- SRCElectronic filing availability via Courts Service portalnot confirmed in official source.
- SRCFee requirementnot confirmed in official source.
Common confusion points
Mixing up Form No.43 with Form No.44 (different grounds).
Assuming a verbal refusal is enough – written notice is required.
Submitting to the wrong court registry.
Leaving the signature line blank.
Failing to include the case number on every page.
Source transparency
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