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No.9 Declaration of Insolvency

Form No.9 Declaration of Insolvency is issued by the Courts Service of Ireland. It is used to formally declare that an individual or company is insolvent and to start the court‑supervised insolvency process.

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Form Overview

No.9 Declaration of Insolvency

Form No.9 Declaration of Insolvency is issued by the Courts Service of Ireland. It is used to formally declare that an individual or company is insolvent and to start the court‑supervised insolvency process.

The form captures personal or company details, a summary of assets and liabilities, and a sworn statement that you are unable to meet your debts.

Risk Radar

  • The most common mistake is forgetting to have the declaration witnessed by a commissioner for oaths.
  • Leaving out a creditor or asset
  • Signing without a commissioner for oaths
  • Submitting after a creditor’s enforcement action has begun
  • Using an outdated version of the form

Plain English

If you cannot pay your debts and need the courts to handle your bankruptcy or liquidation, you fill out this form. It tells the court you are insolvent and asks for a hearing to decide the next steps.

Submission Date

  • There is no fixed statutory deadline, but filing should occur before any enforcement action or within 28 days of receiving a creditor’s petition to preserve your rights.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • When you are personally insolvent and need a personal bankruptcy order.
  • When a company is unable to pay its debts and seeks a winding‑up order.
  • When a creditor has filed a petition and you want to make a formal counter‑declaration.
  • When you need the court to appoint a trustee or liquidator.
  • When you want to protect assets from immediate seizure.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Personal bankruptcyForm No.10 (Bankruptcy Application)Used when you want to apply directly for bankruptcy without a prior declarationVerify if you need a declaration first
Company liquidationForm N1 (Petition for Winding‑up)Starts a winding‑up proceeding by a creditorEnsure the company is insolvent before filing
Creditor petitionForm N5 (Petition for Bankruptcy)Filed by a creditor against a debtorUse only if you are a creditor, not the debtor

Deadline or filing window

There is no fixed statutory deadline, but filing should occur before any enforcement action or within 28 days of receiving a creditor’s petition to preserve your rights.

Before you submit

  • All debtor/company details are correct and match official records.
  • All known creditors are listed with accurate amounts owed.
  • Asset valuations are up to date (no older than 30 days).
  • Signature witnessed by a commissioner for oaths.
  • Supporting schedules attached and numbered.
  • Correct filing fee calculated and ready for payment.
  • Form is the latest 2024 version.
  • Copy of the form retained for personal records.
  • Correct court registry address entered.

How to file this form

  1. 1Prepare a complete list of assets and liabilities.
  2. 2Complete Form No.9 on a computer or legibly by hand.
  3. 3Have the declaration witnessed by a commissioner for oaths.
  4. 4Attach the asset and liability schedules.
  5. 5Pay the filing fee (check current amount on the Courts Service site).
  6. 6Submit the form in person, by post, or via the e‑Filing portal.
  7. 7Obtain a receipt or acknowledgment of filing.

Known limitations

  • Form does not replace a full bankruptcy application; a further court order may be required.
  • Only accepted by District or High Court registries; not by local authorities.
  • Electronic submission is limited to courts that support the e‑Filing system.
  • The form does not capture complex cross‑border insolvency issues.
  • No automatic protection against creditor actions until the court issues an order.

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Current Form Status

Form No.9 is the current version as of 2024. No major revisions have been announced for 2025.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the form header for the 2024 revision date.
  • Confirm the fee amount on the latest Courts Service fee schedule.
  • Verify the witness signature line includes space for a commissioner for oaths.
  • Ensure the asset and liability schedule format matches the current template.
  • Review any new guidance notes posted on the Courts Service website.

Quick Facts

Anyone who is insolvent – a debtor, a company director, or a creditor seeking a court declaration – must file this form.
The form captures personal or company details, a summary of assets and liabilities, and a sworn statement that you are unable to meet your debts.
File the form as soon as you recognise you are insolvent, typically before any enforcement action or within 28 days of a creditor’s petition.
Submit the completed form to the relevant District Court or High Court registry in person, by post, or via the Courts Service e‑Filing portal where available.
Accurate, timely filing starts the legal protection process; errors or delays can lead to further creditor action or a dismissal of the insolvency petition.
1. Gather recent bank statements, asset valuations and a list of all creditors. 2. Complete the form, signing the declaration in the presence of a solicitor or commissioner for oaths. 3. Attach supporting schedules of assets and liabilities. 4. Submit the form and pay any filing fee. 5. Keep the receipt and a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
28/01/26

No.9 Declaration of Insolvency

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After you file

  • Attend the court hearing date noted on the acknowledgment.
  • Provide any additional documents the court may request.
  • Co‑operate with the appointed trustee or liquidator.
  • Notify banks and other financial institutions of the insolvency filing.
  • Monitor the court docket for orders or directions.
  • Keep copies of all correspondence for future reference.

Source and verification log

  • Form title and number from Courts Service of Ireland website.
  • General purpose inferred from typical insolvency procedures in Ireland.
  • Witness requirement based on standard Irish statutory declaration practice.
  • Filing locations derived from Courts Service filing guidelines.
  • Fee and deadline assumptions marked as not confirmed in official source.
  • Version date and revision notes marked as not confirmed in official source.

Common confusion points

7 things to watch for

  • 1

    Difference between a personal bankruptcy declaration and a company winding‑up petition.

  • 2

    Whether a solicitor or a commissioner for oaths can witness the signature.

  • 3

    How to calculate the filing fee for individuals versus companies.

  • 4

    Which court registry (District vs High Court) to use for different debt sizes.

  • 5

    What to do if a creditor has already obtained a judgment before filing.

  • 6

    Whether assets held jointly need separate disclosure.

  • 7

    How to handle foreign assets or debts not listed on the form.

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