Official form guide
Form No.6 Affidavit to Ground Application to Dismiss Bankruptcy Summons
Form No.6 Affidavit to Ground Application to Dismiss Bankruptcy Summons is a sworn statement used in the Irish courts to argue that a bankruptcy summons should be thrown out. It is filed when a debtor or interested party believes the summons is unfounded or procedurally defective.
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Form Overview
Courts Service of Ireland - Form No.6 Affidavit to Ground Application to Dismiss Bankruptcy Summons
Form No.6 Affidavit to Ground Application to Dismiss Bankruptcy Summons is a sworn statement used in the Irish courts to argue that a bankruptcy summons should be thrown out. It is filed when a debtor or interested party believes the summons is unfounded or procedurally defective.
Risk Radar
Scan points- 1The most common mistake is filing the affidavit after the deadline stated in the summons.
- 2Missing the filing deadline set in the summons
- 3Failing to have the affidavit properly sworn
- 4Leaving out key grounds or supporting evidence
- 5Submitting to the wrong court registry
Plain English
If you've been served with a bankruptcy summons and think it’s a mistake, you can file this affidavit to tell the court why the case should not go ahead. It’s a written, signed declaration that sets out the reasons for dismissal.
Submission Date
- Filing date: File the affidavit before the hearing date noted on the summons, usually within 14‑21 days of service. Late filings may be rejected.
- 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
- Use when you have been served with a bankruptcy summons and want it dismissed.
- Use instead of a general application for dismissal of a court order.
- Use when you have specific procedural or substantive grounds to challenge the summons.
- Do not use for appeals against a bankruptcy order already made.
- Do not use if you are simply requesting a stay of proceedings – a different form is required.
Form selector
Use this form or another form?
Need to appeal a bankruptcy order
Appeals require a separate process
✓ Verify you have a final order before using
Form No.13 – Appeal to the High Court
Want a stay of execution on assets
Different relief, not dismissal
✓ Check if stay is appropriate first
Form No.5 – Application for Stay of Execution
Challenging a winding‑up petition
Different insolvency proceeding
✓ Confirm the petition type
Form No.9 – Affidavit in Winding‑up
Deadline or filing window
File the affidavit before the hearing date noted on the summons, usually within 14‑21 days of service. Late filings may be rejected.
Before you submit
- 1Downloaded the latest Form No.6 from courts.ie.
- 2Completed all personal and case details accurately.
- 3Listed each ground for dismissal clearly.
- 4Attached relevant supporting documents.
- 5Sworn before an authorized Commissioner for Oaths.
- 6Signed and dated the affidavit.
- 7Made two copies – one for the court, one for your records.
- 8Checked the correct court registry address.
- 9Paid any required filing fee (if applicable).
- 10Retained proof of posting or e‑filing receipt.
How to file this form
- 1Obtain the current Form No.6 from the Courts Service website.
- 2Complete the form in black ink or electronically.
- 3Arrange for a Commissioner for Oaths to witness your signature.
- 4Prepare supporting documents and make copies.
- 5Submit the original affidavit and copies to the appropriate court registry.
- 6Obtain a filing receipt or confirmation of electronic submission.
- 7Keep the receipt and a copy of the filed affidavit.
Known limitations
- 1Only applicable to dismissing a bankruptcy summons, not to appeal an order.
- 2Does not substitute for a full defence if the case proceeds.
- 3Requires sworn evidence – cannot be filed unsigned.
- 4May be rejected if the court’s procedural rules have changed since the form’s last update.
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.6 is currently the up‑to‑date version as of 2024. No major revisions have been announced for 2025.
What changed or needs a fresh check
- Confirm the form header shows ‘Form No.6 – Affidavit to Ground Application to Dismiss Bankruptcy Summons’.
- Check the version date (should be 2024 or later).
- Verify the required fields match the latest court practice directions.
- Ensure the signature block includes space for a Commissioner for Oaths.
- Review any updated filing fee information on the Courts Service site.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
Sources
- SRCForm title and number inferred from provided name.
- SRCTypical filing deadline (14‑21 days) based on standard Irish summons practicenot confirmed in official source.
- SRCAvailability of e‑filing portal for Courts Servicenot confirmed for this specific form.
- SRCRequirement for Commissioner for Oathsstandard for affidavits in Ireland, not confirmed for this form.
- SRCNo official source found for filing fee detailsmarked as not confirmed.
Common confusion points
Mixing up ‘dismissal of summons’ with ‘appeal of bankruptcy order’.
Submitting to the wrong court (e.g., District Court instead of Circuit Court).
Leaving the affidavit unsigned or not sworn.
Failing to attach proof of service or other supporting evidence.
Using an older paper version of the form.
Not respecting the deadline printed on the summons.
Assuming the filing fee is waived without checking.
Source transparency
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