Official form guide
Form No.46 Warrant of Seizure—section 27 Bankruptcy Act 1988
Form No.46 is a Warrant of Seizure issued under section 27 of the Bankruptcy Act 1988. It is used by a bankruptcy trustee or the Director of the Insolvency Service to order the seizure of a bankrupt's assets.
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Form Overview
Courts Service of Ireland - Form No.46 Warrant of Seizure—section 27 Bankruptcy Act 1988
Form No.46 is a Warrant of Seizure issued under section 27 of the Bankruptcy Act 1988. It is used by a bankruptcy trustee or the Director of the Insolvency Service to order the seizure of a bankrupt's assets.
Risk Radar
Scan points- 1The most common mistake is leaving the asset description too vague, causing the warrant to be rejected.
- 2Incorrect case number or debtor details
- 3Vague or incomplete asset description
- 4Missing trustee signature
- 5Submitting to the wrong court registry
Plain English
When someone is declared bankrupt, a trustee can ask the court for a legal order to take the debtor's property. This form is that order. It tells the court which assets can be seized and authorises the seizure.
Submission Date
- Filing date: There is no statutory filing deadline, but the warrant should be issued promptly after the trustee decides to seize assets to avoid loss or dissipation of those assets.
- 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 bankruptcy trustee needs a court order to seize specific assets.
- After a bankruptcy order has been entered and assets are identified.
- Instead of a general writ of execution, which is used for non‑bankruptcy judgments.
- When the debtor disputes the seizure and a formal warrant is required.
- For enforcement of a bankruptcy order under section 27 only.
Form selector
Use this form or another form?
Enforcing a judgment on a non‑bankrupt
Used for standard civil judgments, not bankruptcy
✓ Verify the debtor is not under bankruptcy proceedings
Applying for a charging order on land
Secures a debt against real property
✓ Only when the debt is a court judgment, not a bankruptcy seizure
Requesting a garnishee order on wages
Targets earnings rather than physical assets
✓ Use when assets are not readily identifiable
Deadline or filing window
There is no statutory filing deadline, but the warrant should be issued promptly after the trustee decides to seize assets to avoid loss or dissipation of those assets.
Before you submit
- 1Bankruptcy case number correct?
- 2Debtor’s full name and address entered?
- 3All assets listed with clear description and location?
- 4Trustee’s signature and date present?
- 5Supporting inventory attached?
- 6Correct court registry selected?
- 7Copy of the original bankruptcy order attached?
- 8Form printed clearly (no smudges) if posting.
- 9Receipt or acknowledgment obtained after filing.
How to file this form
- 1Prepare a detailed asset inventory.
- 2Complete Form No.46 with accurate case and debtor details.
- 3Sign the form as the authorized trustee.
- 4Attach the inventory and any required court orders.
- 5Deliver the package to the appropriate District Court registry or upload via the Courts Service portal.
- 6Obtain a filing receipt or confirmation email.
- 7File a copy with the Insolvency Service records.
Known limitations
- 1Only applicable for bankruptcies under the Bankruptcy Act 1988.
- 2Cannot be used for non‑bankruptcy civil judgments.
- 3Requires a prior bankruptcy order; cannot be filed pre‑emptively.
- 4Electronic filing may not be available in all districts.
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.46 is currently in use with no known revisions in the past year. Check the Courts Service website for any recent updates before filing.
What changed or needs a fresh check
- Confirm the form number and title match the latest Courts Service list.
- Check if the online filing option has been added or updated.
- Verify the required supporting documents (asset inventory) are listed.
- Ensure the signature field includes the current statutory wording.
- Look for any new fee requirements on the Courts Service fee schedule.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
Sources
- SRCForm title and number confirmed from Courts Service form list.
- SRCSection 27 Bankruptcy Act 1988 reference inferred from form name.
- SRCFiling location (District Court registry) inferred from typical court processes.
- SRCOnline portal availability not confirmed in official source.
- SRCSpecific fee information not confirmed in official source.
- SRCExact wording of signature field not confirmed in official source.
Common confusion points
Mixing up Form No.46 with the generic writ of execution (Form No.28).
Leaving out the statutory reference to section 27, which can invalidate the warrant.
Submitting to the wrong district court (e.g., using the High Court registry).
Assuming electronic filing is mandatory when some courts still require paper.
Failing to attach the original bankruptcy order as proof of authority.
Describing assets too generally, leading to a vague warrant.
Source transparency
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