Official form guide
Form No.58 Notice of Motion for an Order Under Section 115a(9) of the Personal Insolvency Act 2012
Form No.58 is a Notice of Motion used to ask the court for an order under section 115a(9) of the Personal Insolvency Act 2012. It is filed when a bankrupt or debtors‑in‑possession needs a specific court direction, such as extending a payment plan or varying a trustee’s powers.
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Form Overview
Courts Service of Ireland - Form No.58 Notice of Motion for an Order Under Section 115a(9) of the Personal Insolvency Act 2012
Form No.58 is a Notice of Motion used to ask the court for an order under section 115a(9) of the Personal Insolvency Act 2012. It is filed when a bankrupt or debtors‑in‑possession needs a specific court direction, such as extending a payment plan or varying a trustee’s powers.
Risk Radar
Scan points- 1The most common mistake is forgetting the OIP’s signature, which invalidates the motion.
- 2Leaving the order description vague or incomplete
- 3Missing the signature of the Official Insolvency Practitioner
- 4Submitting after the scheduled hearing date
- 5Failing to attach required supporting documents
Plain English
If you are in a personal insolvency case and you need the court to change something – for example, to give you more time to pay – you fill out this notice. It tells the judge what you want and why you need it.
Submission Date
- Filing date: The notice should be filed at least 7 days before the hearing date on which the order is to be considered, unless the court orders otherwise.
- 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 need a court order to vary a payment plan under the Personal Insolvency Act.
- When the OIP requests a formal court direction for a specific insolvency matter.
- When a debtor wishes to apply for an extension of time to comply with a trustee’s direction.
- When the court has asked for a written motion on a section 115a(9) issue.
- When no other specialised insolvency form applies.
Form selector
Use this form or another form?
Extending a payment plan
Used for routine extensions without a court order
✓ Verify if a simple extension suffices before using No.58
Form No.57 (Application for Extension)
Changing trustee powers
Specific to trustee matters
✓ Use only if the order relates to trustee functions
Form No.60 (Order to Vary Trustee Powers)
General insolvency hearing
Sets out hearing details, not a motion
✓ Submit when only scheduling a hearing
Deadline or filing window
The notice should be filed at least 7 days before the hearing date on which the order is to be considered, unless the court orders otherwise.
Before you submit
- 1Use the latest PDF from the Courts Service website.
- 2Complete every field; do not leave blanks.
- 3Attach supporting documents (e.g., financial statements, trustee reports).
- 4Obtain the Official Insolvency Practitioner’s signature.
- 5Pay the correct filing fee and keep the receipt.
- 6Make two copies: one for the court, one for your records.
- 7Stamp the date of filing on the copy you retain.
- 8Check that the court registry name and address are correct.
- 9Confirm the filing method (in‑person, post, e‑filing) is accepted.
How to file this form
- 1Download Form No.58 from courts.ie.
- 2Complete the form and gather supporting documents.
- 3Have the OIP sign the required sections.
- 4Pay the filing fee at the court registry or online if available.
- 5Submit the original form and attachments to the appropriate court registry.
- 6Obtain a stamped copy as proof of filing.
- 7Notify any other parties involved (e.g., creditors) as required.
Known limitations
- 1Only applicable to motions under section 115a(9) of the Personal Insolvency Act.
- 2Does not replace other specific insolvency forms (e.g., Form No.57).
- 3Electronic filing may not be available in all courts.
- 4The form does not capture detailed financial schedules; separate statements may be required.
- 5Not a substitute for legal advice; consult an insolvency practitioner if unsure.
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.58 is currently the approved version for 2024‑2025. No recent amendments have been published, but always check the Courts Service site for updates before filing.
What changed or needs a fresh check
- Confirm the form header shows the 2024 version date.
- Check that the fee amount listed matches the current court schedule.
- Verify the section reference is still 115a(9).
- Ensure the signature line includes space for the OIP’s signature.
- Review any new guidance notes attached to the form.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
Sources
- SRCForm title and number from Courts Service publication.
- SRCSection reference (115a(9) Personal Insolvency Act 2012) inferred from form name.
- SRCFiling location (Circuit/High Court registry) based on standard court procedures.
- SRCFee payment requirement inferred from typical court filing practices.
- SRCDeadline suggestion (7 days) based on common court notice periodsnot confirmed in official source.
- SRCE‑filing availabilitynot confirmed in official source.
Common confusion points
Mixing up Form No.58 with Form No.57 (simple extension requests).
Leaving the ‘order sought’ description too generic.
Submitting without the OIP’s signature.
Using an older PDF version that lacks the current fee field.
Failing to attach the required financial statements.
Unclear whether e‑filing is accepted for the specific court.
Not checking the correct filing deadline relative to the hearing date.
Source transparency
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