Official form guide
Form No.45 is a Warrant to Bring Person Before Court under section 25 of the Bankruptcy Act 1988. It is used when a creditor or the Official Assignee wants the court to order a bankrupt or debtor to appear.
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Form Overview
Form No.45 is a Warrant to Bring Person Before Court under section 25 of the Bankruptcy Act 1988. It is used when a creditor or the Official Assignee wants the court to order a bankrupt or debtor to appear.
Plain English
If someone owes money and isn’t cooperating, you can ask the court to force them to show up. This form asks a judge to issue a warrant so the person must appear in court. It’s a tool for creditors and the Official Assignee.
Submission Date
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Form selector
Debtor fails to file required statements
Used for filing financial details, not attendance
✓ Verify the case type first
Form No.46 – Statement of Affairs
Creditor wants a charging order
Different remedy, deals with security over property
✓ Confirm you need a warrant first
Form No.31 – Charging Order Application
Bankruptcy petition to be withdrawn
Ends the bankruptcy process, not about attendance
✓ Ensure the petition is still active
Form No.44 – Withdrawal of Bankruptcy Petition
There is no fixed statutory deadline, but the warrant should be applied for immediately after a missed hearing to avoid further delay in the bankruptcy process.
Field map
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.
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Fillable formOpen in Editor->Form No.45 is the current version as of 2024. No recent amendments have been published, but check the Courts Service site for updates before filing.
Quick Facts
Form Details
Downloads & source
Mixing up Form No.45 with Form No.44 (withdrawal of petition).
Leaving the Commissioner for Oaths section blank.
Using an outdated form version.
Submitting to the wrong court registry.
Not attaching the prior court order that authorises the warrant.
Incorrectly spelling the debtor’s name.
Assuming electronic filing is mandatory.
Source transparency
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