Key Benefits:
Law on debt negotiation and bankruptcy (bankruptcy law). |
| Date | LOV-1984--06--08-58 |
| Ministry of | The Justis and the Department of Emergency |
| Last modified | LO-2016-04-22-3 |
| Published | ISBN 82-504-1418-7 |
| Istrontrecation | 01.01.1986 |
| Changing | |
| Announcement | |
| Card title | The Concourse Law-kkl. |
Jf. former laws 6 June 1863 and 6 May 1899 # 1. The law went on ikr. 1 jan 1986 ifg. res. 12 July 1985 # 1435. See the Commencement law on 8 June 1984 # 60.
A guilt that cannot fulfill its obligations following each as they are due, the petition may open debt negotiation by the rules of the law to negotiate with their foresters on voluntary debt arrangement or compulsions.
The desire for opening of debt negotiation is placed in writing for the courthouse. It shall advance the motion of the guilt-seeking opening of the negotiation of voluntary debt arrangement or foreclosure. As an attachment to the motion, the accusation must give the courthouse :
| 1) | a brief account of the reasons for the payment issues, and for why the debt is thought fixed ; |
| 2) | a task over its assets and its debt, with the indication of the foraging habitable names, addresses and tigodeshais and those security names that are hefty for the debt ; have a foraging litre or other equivalent safety right in the guilt of guilt, must the timing of as well the debt as the security foundation is specified ; |
| 3) | a statement of how registration and documentation of accounting information is targeted. |
The courthouse gives the motion to draw on the day and time when it came in to court. The petition can be recalled or changes as long as the court has not denied the verdict on whether or not debt negotiation is to be opened.
The court may require the accusation to provide further details of any relationship that it believes is of significance to the question of opening debt negotiation.
The court can in that extent and in the way it finds appropriate, obtain information from the guilt of guilt and discuss the guilt of guilt with them.
| 0 | Modified by laws 17 July 1998 No. 56 (ikr. 1 jan 1999), 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The court may demand that the accusation pay appropriate advance to coverage of charges by the debt settlement that is not covered by fees after law 17 December 1982 86 about the court fees, or ask security for these expenses.
Court fees Act Section 3 third and sixth clause and Section 5 other clauses apply accordingly.
The dietary charges that the accusation cannot pay, the duties state to cover.
| 0 | Modified by laws 14 June 1985 # 69, 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3, 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
The courthouse shall decline the petition if :
| 1) | it does not satisfy the requirements by Section 2 and the faults are not fixed in time ; |
| 2) | The accusation fails to obtain the further information that the courthouse requires ; |
| 3) | The courthouse after the information that has been revealed, finding it unlikely that the guilt will be able to achieve voluntary debt arrangement or compulsekord. |
The court must see its decision as soon as possible, normally within three days after the petition came in to the court.
The court hits its decision by ruling. A verdict that takes the petition to follow cannot be attacked on appeal. A verdict that declines the petition can be estimated within three days.
If the motion is taken to follow, the debt negotiation is considered to be opened from the time when the petition came in to the court. In cases mentioned in Section 6a is considered negotiation of foreclosure to be opened from the time when the petition for the negotiation of compulsekord came into court.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
Will a motion for opening debt negotiation taken to follow, the court shall give the accusation written message of the guilt of guilt after Section 14 and 18, and about the succession of acting against them, jf Section 57 other laughed.
The court shall immediately inform Norway's Bank when it has said ruling on the opening of debt negotiation in the institution participating in system as mentioned in law on payment systems Section 1-1 first clause or Section 1-2.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 17 des 1999 # 95 (ikr. 14 apr 2000 ifg Research. 13 apr 2000 # 324), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
When negotiating voluntary debt arrangement has been opened, the debt Board shall, if not the court decide to do so himself, without a stay announce the opening in the Bay of the Bay of the Bay of the Bay of the Bay of Brussels. In honest cases, the court can still decide that the announcement should be neglected. Opening of the negotiation of obsessive-word knowledge is announced in accordance with the rules of Section 35.
Court meetings held under negotiation of voluntary debt arrangement or foreclosure are public. In honest cases, the court may yet decide that courts under negotiation of voluntary debt arrangement shall be held for closed doors.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 Feb 2006 ifg. res 27 jan 2006 # 74), 14 June 2013 # 41 (ikr. 1 July 2013 ifg. res. 14 June 2013 # 638). |
After debt negotiation has been opened, the accusation may file for the change of the negotiation if the debt-level consent. Samfat is still not required by motion for the negotiation of foreclosure when proposals for voluntary debt settlement have been granted to deduction from the foraging of at least 3/4 of the overall amount that provides voting rights. By the way, the rules apply in Section 2 and 4 equivalent of change requests.
| 0 | Added by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
When the verdict of the opening of debt negotiation has been said, the court should immediately mention a debt-end.
The Guest Board shall assist the guilty plea under the debt negotiation in accordance with the rules of this law and herding the detention of the detention of the state of the detention system. As far as it is unify with these interests, it shall in cooperation with public authorities co-workers the regard to the affected Workers and Honest Community interests under the debt negotiation.
The Guest Board shall consist of a leader-usually a lawyer-and of from one to three other members, who are preferably to be taken among the foraging of the foraging or dissenters. As far as possible, at least one of the members should have cynicism in the provision of the provision driver. In the event that mentioned in Section 8, it is appointed a representative of the employees as a member of the debt Board ; the debt board can then consist of up to five members.
When the estate is small or the court of other reasons finds that debt-subject's to-do items can be performed by the leader alone, the court is to refrain from mentioning several members of the Board.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Following claims from a majority of the employees of the state's nutritional business, the court is due to name a representative of the employees as a member of the debt board. The same applies when such a requirement is set by a local union that organizes a majority of the employees of the business or by several local unions that until together organises a majority of the employees.
When ruling on opening debt negotiation has been said, the court shall immediately inform the employees of the guilt of the guilty business of their rights by the rules in the first clause.
The court may yet after an assessment of the book's position, the prospects for further operation and circumstances of the otherwise neglected to name such representative. The court should then in advance obtain the statement from the members of the debt-level of the Board of the Board appointed at this time.
The king can at regulation or pass in the individual case make exceptions from the rule in this paragraph and provide filler regulations, herders about the reddit of the reddit in the concert and concert-like conditions.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The Guest Board hits the ordinance of the ballot. In the case of voice resemblance, the leader's voice makes the impact.
The leader of the debt-free committee leads all the overseas meetings under the debt negotiation, and leads protocol over the negotiations and the ordinance being made. The protocol is underwritten for each meeting of all the present members of the debt snigda.
The Guest Board can in the extent that it finds it appropriate, leave to the leader to make decision in cases that are not of significant importance. That the leader has acted without the authority of the government cannot be invoked to gullible third person.
The court can at any time demand that the debt Board and its members provide full details on the debt negotiation.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The court can after motion from the guilty plea, a foraging or a member of the debt-Board of the Board of the Board of the ruling or resettlement that has been made by the debt-Board or its leader, if the ordinance :
| 1) | is in violation of the guilt of guilt, a foraging havers or a third person's right ; |
| 2) | is illegal in other ensends ; |
| 3) | is clearly unreasonable. |
Such motion must be conveyed without due stay. The person who has done the ordinance can determine a due date to bring the ordinance to the court. The court can provide refresher under the same terms as if the decision had been taken during the course of trial.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The court is going, after setting off the debt Board, relisting an auditor to conduct audit of the guilt of guilt and business, when not the court finds it undoubtful to leave the revision to one of the debt-subject members.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
To member of the debt subject or to auditor must not be appointed as :
| 1) | are related or in-car cabinets with the accusation of the uprising or down-ascending line or in sidebar as close to as cousins ; |
| 2) | is or has been married to or is engaged to the accusation, or who is the father of guilt, foster mother, or foster child ; |
| 3) | is or after the debt mediation has been the guardian of the guilty plea ; |
| 4) | is or in the last two years prior to the opening of the debt negotiation has been in the guilt of guilt, or as in the mentioned date of time has worked as his fixed legal advisor or auditor ; this rule does not apply to the representative of the employees of the member of the debt board. Is the accusation a convergence or a foundation, no one must be appointed as in the two last years prior to the opening of the debt negotiation has been a member of the guilt of guilt, representative or corporate assembly ; |
| 5) | even seeking voluntary debt arrangement or compulsedation, or if living are taken during bankruptcy treatment ; |
| 6) | because of other very frank circumstances cannot be assumed to be sufficiently unhilable. |
To member of the debt subject or to auditor, rule should not be appointed anyone as the accusation of the past two years before the debt negotiating gap has taken advantage as legal or business adviser.
Member of the debt subject or auditor must not participate in the treatment or decision of any question that this has a prominent personal or economic particular interest in.
If a member of the debt board or auditor later comes in a position that would have ruled out the appointment, the court may be filed for the petition of the accusation or by a forage or of his own measures recalling the uptake of the settlement and rementioning another.
The same applies when the court finds that the appointed, has not shown fit or for other reasons should not do service.
Before decision is taken, the person should be allowed to comment on it.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Under the debt negotiation, the guilt retains the raw authority over its business and its formability conditions for the otherwise, but under the debt subject's supervision. The guilt duties to provide the debt-free admission of the debt as full access to its business and its economic conditions, and to correct after they raise the Board of the Board in this connection.
The guilt must not without the debt board's permission to raise or renew debt, conduct mortgage or rent away their persistent property, its business locations or any formalement of essential importance. Upon renewal of the switch or debt letter, it shall be admitted that the signature co-shared "to renewal without increased liability".
If the accusation is nutritional and business is to be driven on under the debt negotiation, the duties of the obligation to advance a operating budget and a funding plan for the debt-free topic.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
The validity of the guilt of guilt is in relation to the gullible third person not conditioned by the consent of the debt subject.
If third person was not in good faith, the person does not have access to any claim current against the accusation or to take cover from the accusation before after the debt settlement has ended, and a enacted voluntary debt arrangement or foreclosure words are discontinued or met.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
If a bankruptcy petition has been put forward, but not taken to follow at the time when the guilt of the debt negotiation is given to the court, the treatment of bankruptcy should be postponed to the motion for the opening of The debt negotiation is recalled or judicial declined or the debt negotiation is judicial set or terminated.
If a bankruptcy motion is put forward after the guilt of the state of debt negotiation was granted to the court, but before the motion for the opening of debt negotiation has been recalled or court-determined, the treatment of The bankruptcy motion is delayed until after the latter times. This still does not apply when the bankruptcy motion is set by a forage whose foraging writes from the time after the motion for the opening of debt negotiation was granted to the court.
If the negotiation of voluntary debt arrangement is decided to open, the guilt of guilt may not be taken during bankruptcy treatment following the petition of a claimant whose foraging writes from the time before the debt negotiation was opened. This still does not apply when more than three months after the debt settlement process was decided to open, a bankruptcy petition, or filed a bankruptcy petition if treatment has been suspended following the rules in the first clause. The court can in very frank cases extend the deadline when the accusation asks for it, and there is good view that the accusation will be able to achieve voluntary debt arrangement or to open negotiation on compulsekord. The court's decision of the issue of the extension of the deadline cannot be estimated.
If the negotiation of foreclosure words is decided to open, the guilt of guilt may not be taken during bankruptcy treatment following the petition of a claimant whose foraging writes from the time before the negotiation of foreclosure words was opened and that did not reason for deal that has been reached with the debt board's permission or approval. The rules in the first and other clause apply accordingly.
A bankruptcy motion produced by at least three dividend deforedes if receivables make up at least 2/5 of the known dividend of the known dividend charges, can be conveyed without the hurdles of the provisions of the preceding clause. The same applies to a bankruptcy motion that is conveyed after the debt negotiation is judicial set or terminated.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3, 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
Whether not otherwise determined, it cannot under the debt negotiation are taken into the guilt of the guilt of debt that writes from the time before debt negotiation was opened. The provisions of Section 16 first, second and fourth joints apply accordingly ; the processing of a motion for the outlay shall still be no longer delayed than to the motion for the opening of debt negotiation is judicial-determined.
In the first six months after debt negotiation has been opened, forced coverage in the guilt of guilt after the forced consummation Act of Chapter 8 to 12 is not performed without the debt-subject consent.
Eienpieces as the accusation of debt reenlist after debt negotiation has been opened, reiterates not without the debt-subject consent of the panterafter founded before the opening time.
The guilt can with the debt-subject consent of the mortgage goods of mortgage storage and operating measures as mentioned in the mortgage law Section 3-4, 3-8, 3-9 and 3-10, if this occurs within the frame of the guilt-related business and mortgage safety is not going to be significantly forecircled. The court can after motion from a mortgage ban on sale that did not meet the terms in the first period.
The Guest Board shall devise a plan for the consideration of the mortgage interest and can in the connection determine that the mortgage holder shall receive a share of the settlement by sale as mentioned in the fourth clause.
| 0 | Modified by laws 14 June 1985 # 69, 30 March 1990 # 8, 26 June 1992 # 86, 11 June 1993 # 83, 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The guilt has the obligation to assist the courthouse, the debt Board and Auditor of providing all the information of importance to the debt negotiation, hernily about its business, its economic conditions and its prospects.
The court can in which it finds it mandated, impose the accusation to give enlightenment as mentioned in the first clause, though the accusation of the guilty may need to be obvious a business or operating secret. The court may in that case determine that the Information is only to be given to it itself or to one or more of the debt-subject members.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The guilt's accountant and accountant duties to extradite the debt-level of the debt and accounting material regarding the guilt of the guilt. This applies even if the fees for conducted work are not paid. The debt-subject requirements on extradition are particularly compultive basis after the forced consummation Act 13. Accountant and auditor duties also freely pay the debt-free to assist the debt board with the details of the guilt of guilt and business. Bistantro duty after this paragrafen can be met unhindered by any disclosure of secrecy.
| 0 | Added by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
The Guest Board shall without residence inform each of the guilt-known foraging of the guilty plea that the accusation has opened the debt negotiation and about who is appointed as members of the debt board. At the same time, the claimers are encouraged to within three weeks to submit to the Board of the Board a specified task over their accounts receivable on the guilt-opener. With the paper, according to the documents that serve as evidence of the foregoing, and enlightenment shall be given about the basis of the settlement, whether their security is called in the guilt of guilt or in third-person assets that needed to be booklet for them, and whether it is solidarity with the
If it opens the negotiation of foreclosure without prefacing negotiation of voluntary debt arrangement, it shall in the subdirection also be disclosed about time and place of the foraging meeting, jf. Section 38a Has the court decided that it should not be held for the transfer of the meeting, it shall be disclosed about this.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The Guest Board shall in cooperation with auditor as soon as possible review the guilt of guilt and business and seek to devise an exhaustive overview of the guilt of guilt and obligations. Includes guilt's nutritional sales to consumer, it must especially be incurred that the guilt of guilt over commitments in the context of advertising and guarantees of consumer products is as wide as possible.
The guilt of guilt is to be appreciated. As far as possible, the value of the property is assumed to have if the guilt's business is still going to be, and what the belongings, overall or shared, can be believed to be bringing on sale. Requires the appreciation of the sake of state sake, or will the debt subject of other reasons not even carry out it, the Board may call for one or more plain-savvy helpers. Section 12 applies to the equivalent of such helpers.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
When the debt subject has obtained the necessary overview of the guilt of guilt and finds that it is a view that the accusation will be able to achieve voluntary debt arrangement or foreclosure, it shall devise a statement, which bl a shall contain :
| 1) | an overview of the guilt of guilt about how registration and documentation of accounting information has been and about the conditions that have led to the debt negotiation. In the overview, the accusation should be made two last year accounting and year-end statements (status, operating accounting) and also task over the restatement ; |
| 2) | an overview of the book's position, with enlightenment among other things about the guilt-and-on-state bond, the hefty charges that rest on the guilt of guilt and how the belongings are valued ; |
| 3) | enlightenment of the guilt of guilt-shaped formuesratio ; |
| 4) | The illumination of the accusation is believed to have made dispositions that can be recast in case of negotiation of compulsions or bankruptcy, and whether or not it has been held compulsions with the guilty plea that in which case will be idle ; |
| 5) | The illumination of the guilt has previously sought voluntary debt arrangement or been under negotiation of compulcusation or bankruptcy, in case of the indication of the dividend of the dividend of the dividend. |
| 6) | The illumination of the accusation has previously made guilty of criminal charges in connection with economic business, and whether it must be believed to be resettlement conditions that may give reason to criminal charges against the person in connection with such business. Is the accusation a convergence or foundation, provided enlightenment on the business leader or board member is believed to have been guilty of such conditions. |
If special auditor is appointed, it is admitted to this account.
Finds the debt Board that there may be reason for straflation for relationships as mentioned in the first clause 6. shall the account be sent to the prosecution. The guest Board should in the necessary extent give the prosecution the underdirection of possible criminal conditions also at a previous time.
| 0 | Modified by laws 17 July 1998 No. 56 (ikr. 1 jan 1999), 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
If the debt Board finds that it is a view that the accusation will be able to achieve voluntary debt arrangement or foreclosure, it shall on the basis of the information obtained to weigh, help the guilty plea bargain with such arrangement. If the proposal assumes that the guilt of guilt should be driven further, the opportunities for profitable operations in the future need to be extent redeployed. The Guest Board can set as a condition to recommend the proposal that specific measures should be carried out and that the provisions of this be worked in the proposal.
If the debt Board finds that there is no view that the accusation will be able to achieve voluntary debt arrangement or foreclosure, the debt subject shall give the introduction to the court about the relationship, jf Section 57 first clause 1. Similarly, if the accusation does not address within reasonable time, protested proposals for voluntary debt arrangement or compulsekord.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
A voluntary debt arrangement can be bl to go out on :
| 1) | payment delay (voluntary moratorium), |
| 2) | percentage reduction of the debt (voluntary chord), |
| 3) | deviation of the guilt of guilt or a closer bounded part of this, without the accusation being liberated for the part of the debt that is not covered by the liquidation (voluntary liquidation), |
| 4) | deviation of the guilt of guilt or a further bounded part of this, against the guilt of the guilt that is not covered by the liquidation (voluntary liquidation case), or |
| 5) | a combination of these arrangements. |
The proposed debt arrangement must include and equal to any known reaccounts of the guilty plea that writes from the time before debt negotiation was opened.
However, the following accounts can be kept outside of the arrangement or, if they co-be taken, to be better coverage than the other accounts receivable :
| 1) | Accounts receivable that have legislables settled, |
| 2) | Accounts receivable secured by panterett or other security right in the guilt of guilt, for as far as security can be assumed to cover the promotion, |
| 3) | Accounts receivable which can be determined by counter to as far as they are covered by the engine requirement, and |
| 4) | Accounts receivable that are due to the foraging of the overall tigodeOD are less than a specific amount specified in the proposal. |
The rules of other clause are not to obstacles that some foraging hazing after consent is faced worse than the rest of the rest of the past.
When the accusation has worked out a proposal for debt relief, and the debt Board finds to promote it, the Board shall submit the proposal to all forecasters whose accounts are redesigned by it. With the proposal to follow :
| 1) | the statement mentioned in Section 21, |
| 2) | The accusation's statement that everything the guilt owner and owes is provided, as well as |
| 3) | The debt committee's statement on whether it recommends the proposal enacted, about the view of and the safety of the bill that the proposal will be met from the guilt of the bill, whether the terms of the Board have set to recommend the proposal, as well as about how the Boets position is believed to be in case of bankruptcy. |
The claimers are encouraged at the same time until a due date that must not be placed shorter than two weeks, and no longer than three weeks, to inform the debt Board in writing if they pass the bill.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 27 jan 2006 # 4 (ikr. 1 Feb 2006 ifg. res 27 jan 2006 # 74). |
The proposal of debt arrangement is deemed to be adopted when it has been accepted by all the foraging of the bill if the resettlement of the bill is resettled by the proposal.
If the proposal at the expiration of the deadline after Section 24 other clauses has not been accepted by all these foresters, but rather has not been rejected by any of them, the debt subject can encourage the foraging hareans who have not responded, to within two weeks to report from whether they accept the proposal. The promotion shall be submitted in recommanded letters or by the use of electronic communications where it is taken advantage of a reassuring method to ensure that the message is received. In the behaviour, the foraging of the consumers should be made aware of the determination in the third clause. The exodus should in case be sent out immediately the deadline after Section 24 other clauses has been expired.
When submitted are issued as mentioned in the other clause, and the response deadline has expired without any of the foresters rejected the proposal, this is deemed to be enacted if accepted by the foraging of which together represents at least 3/4 of it overall accruing of the receivable changes that the proposal includes.
| 0 | Modified by law 27 jan 2006 # 4 (ikr. 1 March 2008 ifg res. 15 Feb 2008 # 137). |
If the proposal of voluntary debt arrangement is not passed, and the guilt-worker outworks a new proposal that the debt Board finds that it is good view to pass, the Board shall submit it to the foraging of the rules in Section 24, but without those attachments mentioned in Section 24 first clause 1 and 2. The rules in Section 25 apply accordingly. Further suggestions cannot be conveyed.
When a proposal for debt arrangement has been adopted, the debt subject shall send message of this to all foraging hareans that are not attributed to the claims that write from the time before the debt negotiation was opened.
The Guest Board shall simultaneously submit the court :
| 1) | the accepted proposal of debt arrangement, with the drawing on how the proposal has been enacted ; |
| 2) | the attachments mentioned in Section 24 first clauses. |
The court is to bring in the proposal with the stake in the shifter protocol, with the indication of when it came in to the court.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
If a voluntary moratorium, a voluntary chord or a voluntary liquidation case is istantable by that :
| 1) | The guilt-intentional or negligent has given incorrect or incomplete information about their belongings or obligations, or |
| 2) | The accusation or third person with the guilt's complicity in violation of the debt arrangement and the prerequisites for it has provided or attributed to one or more foraging-straight benefits, |
loses the guilty plea to all the foraging hagants who have not known to the relationship, the henstand that was admitted, and the guilty duties to pay for these foraging also the parts of the resettlement that were left-handed at the chord.
A foraging havers right after the preceding clause aged one year from the day when he learned of the relationship that gave him access to the debt arrangement, but cannot in any case be made current if the court is not known or done current at lawsuits last three years after the debt negotiation process is intercepted.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
If a blame has been given voluntary chord or voluntary liquidity words, but comes under bankruptcy before the chord has been met, a foray-to-govant after the chord is given bankruptcy dividends of the transfer of the The authors amount. The traveler still can't get paid off more than its residual govold after the chord order. The immigration holder may not demand any issue in the bankruptcy of the bankruptcy before it to the rest of the other foresters has been paid off as many percentages as the received chord installments make up.
The provisions of the first clause and the first and third period apply accordingly to the formists as per Section 28 are unbound by the chord.
A foreclosure word can go out on :
| 1) | the payment delay (tvungent moratorium), |
| 2) | The percentage reduction of the debt (ordinary foreclosure word), |
| 3) | deviation of guilt fortune or a closer bounded part of this courage that the guilt is released for the share of the debt that is not covered by the liquidend, nonetheless so that the coverage of the coverage at least will constitute a certain percentage of the debt (forced liquidation case words), or |
| 4) | a combination of these arrangements. |
An ordinary foreclosure term must go out on payment of at least 25 pst of the common foraging harehais added harehais.
By a forced liquidation case, the accusation must be made to the fact that the common foraging havers get a closer specified minsite coverage, which must not be set lower than 25 pst.
The rules of other and third joints do not receive the Applicability if the chord bill passed by all known voice entitlements, or if the guilt's insolent caused by accident that cannot be attributed to him.
A foreclosure word can go out that any foraging havers combined to be covered fully up to a certain amount. The rules of the preceding clause apply in that case for the excess of the excess of the tigodeshavends.
A foreclosure can only go out on coverage to post-priority accounts receivable when the normal foraging hareans are attributed to full coverage.
By foreclosure, mortgage charges are falling mortgage charges that lie outside the mortgage's perceived value.
The Guest Board is conducting the appreciation of the pancy. A panholder of security outside the mortgage's perceived value could bring the appreciation of the court with the motion that it is being deforested. The costs of the shift fare are worn by the mortgage holder if the debt subject's appreciation is maintained or modified by less than 10 percent. By the way, the shift law applies Section 125 other to the fifth clause equivalent. In honest cases, the court may be able to deviate the rates for allowance of the beauty members who otherwise apply at the shift-taking.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
When the negotiation of foreclosure is opened, the debt Board shall, if not the courthouse decides to do it himself, without a stay completed an announcement to contain :
| 1) | underdirection that the accusation has opened the negotiation of compulsekkord ; |
| 2) | solicitation of the foraging havers within three weeks to submit to the debt Board a specified task over their accounts receivable on the guilty plea. With the paper, according to the documents that serve as evidence of the foregoing, and enlightenment shall be given about the foregoing grounds, whether their security is called in the guilt of guilt or in third-person assets that needed to be booklet for them and whether it is solidarity. Has it prior to the negotiation of compulsekwords been negotiation of voluntary debt arrangement, co-shared it at the same time that accounts receivable already be reported to the debt board, do not need to be reported again ; |
| 3) | The enrichment of a foraging meeting, jf. Section 38 a, or enlightenment that the courthouse has decided that it should not be held such a meeting. |
The Announcement is twitching into the Bay of the Bay of the Bay of the Bay of the Bay of the Bay of the Bay.
Has it prior to the negotiation of compulsekwords been negotiation of voluntary debt arrangement, the copy of the announcement without a stay is sent to all known foraging.
Anyone who has a legal interest in the botreatment has the right to make himself familiar with that list of foresters who were attachments to the guilt of the guilt of the debt negotiation, jf. Section 2 first clause third period # 2. And with the foraging reviews.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 Feb 2006 ifg. res 27 jan 2006 # 74), 14 June 2013 # 41 (ikr. 1 July 2013 ifg. res. 14 June 2013 # 638), 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
Message that the accusation has opened the negotiation of compulcusation, shall on the petition of the debt-the Board of the Board of the Board of the Board of the Board of the
| 1) | The Lion Registry, |
| 2) | The basic book and similar realregistries, for as far as the guilt-owner owns fixed property or other registered belongings, |
| 3) | a value paper register, if there are registered rights there that the debt Board believes belongs to the guilt-pointer, and |
| 4) | The assessment registry, if the guilt of guilt is instituted there. |
The Guest Board shall further submit the subdirection of the opening of negotiation of foreclosure words to those banks and equivalent institutions where the accusation has deposits.
| 0 | Modified by laws 21 June 1985 # 78, 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 5 July 2002 # 64 (ikr. 1 jan 2003 ifg Research. 20 des 2002 # 1627), 5 sep 2003 # 91 (ikr. 1 March 2004 ifg. res. 5 sep 2003 # 1118), 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
If a reported foraging hero or partially is being disputed, the debt subject shall without the residency holder and at the same time make the person aware of the rules in Section 47 other clauses. The sub-direction shall be submitted with recommanded letters or by using electronic communications where it is taken advantage of a reassuring method to ensure that the sub-direction has been received.
| 0 | Modified by law 27 jan 2006 # 4 (ikr. 1 March 2008 ifg res. 15 Feb 2008 # 137). |
If the guilt's dispositions are refable after law on the foraging of the foraging right Chapter 5, the resettlement requirement can be made current by the debt subject.
The order can in the chord bill be made conditioned by the lawsuit of the accusation of the guilt of guilt should be placed or continued for the guilt of debt after the debt-and the probation officer's closer determination.
It shall under the negotiation of foreclosure words are held a foraging meeting under the leadership of the debt board. The meeting berammes of the debt Board, if not the courthouse decides to do it himself ; the meeting should be held at the earliest four weeks and is to be held at the earliest eight weeks after the announcement after Section 35 is outfining.
Additional consumer meetings can be held if the debt Board finds the need for it. Invitation are sent to all known foraging hazing. If the debt board finds it undoubtful, the enrichment of a foraging habitat can be met in the preceding meeting three instead of summons.
The court can decide that it should not be held by the transfer meeting. The decision can be resettled.
| 0 | Added by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The guilt duties to be present at the foraging meetings and an optional cancellation meeting, unless the accusation has valid absence or has been granted permission by the debt subject to be absent.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The Guest Board shall submit the guilt of foreclosure to all known foresters with the indication of a deadline of at least two weeks for written responses to the debt subject. With the proposal to follow :
| 1) | the statement mentioned in Section 21, |
| 2) | the list mentioned in Section 41, |
| 3) | The accusation's statement that everything the guilt owner and owes is provided, as well as |
| 4) | The debt committee's statement on whether it recommends the proposal enacted, about the view of and the safety of the bill that the proposal will be met from the guilt of the bill, whether the terms of the Board have set to recommend the proposal, as well as about how the Boets position is believed to be in case of bankruptcy. |
The court can after motion from the debt-Board of the Board of the Board of the Company, that it is to be stemered by the guilt of guilt in a vote-off meeting. If it has been hit decision on the cancellation meeting, the proposal and attachments are mentioned in the first clause 1 to 4 is sent to the forage of the foraging at least two weeks before the meeting with the indication of time and place of the meeting.
If a claimant before negotiation of foreclosure was opened, has voted for the chord proposal, and this later has not been changed, the foraging holder is deemed to be determined, when it has not subsequently been recalled.
The recall of an ordinance must happen by a written statement sent to the debt-Board of the Board of the Board of the Board of the Board of the Board of the Board of the Board of the Board of Directions or optionally delivered in a depredation meeting.
If the ordinance or recall has been done by a representative who has not presented reassuring credentials for his authority to commit the fortification, the acceptance or recall shall be accepted if reassuring credentials is placed within the appointment of the appointment of the appointment or at any time of the cancellation meeting.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 Feb 2006 ifg. res 27 jan 2006 # 74), 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
Prior to the vote, the debt subject will be drafting a list of the reported receivable changes, inflicted on the information needed to determine whether the resettlement should be co-regarded by the vote. Is a foraging hero or partially disputed, should be estimated if this is done on the list.
For accounts receivable that after the bill will get full coverage, jf. Section 30 fifth joints, it is sufficient to indicate the combined amounts of the settlement. Corresponding applies to other groups of accounts of accounts that obviously don't want to be of significance for the vote.
When someone in connection with the vote dispute a listed foraging or believes that a foraging has been brought up by one for little amounts or with dismay has been omitted, the debt topic makes note about it in the list.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
By the vote of the chord bill, all known accounts are to be counted on, even if they are not reported to the debt subject. Nevertheless, the following accounts shall be set out of consideration :
| 1) | The foraging as the chord after Section 55 will not be binding for. If a foraging is secured by the litterett or other safety right in the guilt of guilt, the foraging may exercise suffrage for the share of the promotion that security is assumed not to provide coverage for, or-if the foraging expressly -dropping its security right for a larger share of the resettlement-then for this part. A foraging that is equipped with the legislation of the law gives the suffrage in the extent of the extent that the pretrial court expressly waived ; |
| 2) | foraging that relies on a condition that has yet to be incomes ; |
| 3) | foraging that has been overhauled to the foraging after the debt negotiation was opened. This still does not apply when the forage of the acquisition was unaware that the motion for the opening of debt negotiation had been reached to the court or if the forage has overtaken the promotion in accordance with a previous commitment ; |
| 4) | The foraging belonging to the presence of guilt, jf law of the foraging of the foraging of the foraging right Section 1-5 ; |
| 5) | foraging or share of foraging to be covered fully according to the chord proposal, jf Section 30 fifth clause ; |
| 6) | post-priority foraging that falls away at the chord. |
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
If the chord bill goes out to pay at least 50 percent of the foraging of the foray, it is deemed to be adopted when accepted by at least 3/5 of the foresters who have participated in the vote, and they represent at least 3/5 of the overall amount that gives the suffrage.
Does the bill go on to pay less than 50 percent of the foraging of the foray, it is required 3/4 majority in both ensoriors.
Regarding the proposal a liquidation case, it is required 3/4 majority in both envision ends. If the accusation has the pent-up for the foraging habiters to get a minimum dividend of 50 percent or more, however, the 3/5 majority is sufficient.
Has the accusation's chord proposals not achieved the necessary majority by a written vote, the accusation could only promote a new chord proposal if the debt-level finds to be able to recommend the proposal. The new proposal should immediately be sent by the foraging havers, with the debt subject's recommendation attached and with the indication of a new vote deadline. The new deadline must not expire later than three weeks after the original cancellation deadline.
The guilt cannot make further changes to the chord bill after it has been submitted to the foraging habiters.
If the accusation of a ballot meeting will make changes to the chord proposal, and the debt-and the debt subject after hearing the presence of the presence, finds to be able to recommend the changing proposal, the berme is scheduled to meet for treatment of and vote over the proposal. The meeting is to be held within three weeks. Invitation to the meeting shall immediately be sent by the foreshavers, with the proposal and debt subject matter of this attached.
In the new cancellation of the meeting, the accusation may not make any change in the chord proposal.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
The Guest Board shall within a week after the vote, the courthouse will submit a statement for the result of the vote on whether or not it is believed to be of any relationship that will be to the hurdle of the chord. With the statement to follow :
| 1) | Credentials for the negotiation of foreclosure have been announced and confirmation that the claimers have been notified of the vote in accordance with the rules of law ; |
| 2) | debt-subject's mediation ; |
| 3) | the list of the foraging havers mentioned in Section 41, attached the foraging reviews and the documents that are about retweeted or fuzzy accounts receivable ; |
| 4) | The guilt-final chord proposal and the foraging of the forage ; |
| 5) | other documents that had to be presented in connection with the vote, and the protests that had to be made against the stagnant of the chord. |
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
Procendum to the treatment of the question of the confirmation of the chord shall be held within three weeks after the court received the debt-subject's statement of the result of the vote.
To the meeting, the accusation is called the guilt and debt subject. Unless, of course, the necessary majority for the ordinance of the chord proposal has not been passed, also referred to as the foraging havers. The court can impose the debt-free topic to provide the summons of the foraging havers. The guilt is called in that way and with the notice that has been decided in Section 70. The guilt duties to be present in the meeting if he or she has no valid absence, or has been granted the court permission to be absent.
Indicates that it is necessary to overtake further information, the court may delay the treatment of a later court hearing, which should be held within two weeks.
The court's decision by this paragraph is not the subject of appeal.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
If there is dispute or blur of whether or for what amounts to give suffrage, the court decides the question as far as it is necessary to determine the outcome of the vote. Before the court takes its stance, it can be stopped to overtake further information. The decision is made in connection with the decision of the question of stauncan and can only be anchored along with this one. The decision only has effect for the question of the foraging of the state's suffrage.
When the person's claimant demands it, the court can decide that the dividend that falls on a disputed settlement or on the disputed part of a foraging shall be inserted into bank on a separate account being disposed of by the court. The court is due to then at the same time put the foregoing holder a deadline to travel lawsuits. Will lawsuits not be erected within the expiry of the court, the court shall release the amount of the guilty plea unless otherwise stated by the chord.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The court shall refuse to confirm the chord :
| 1) | when the rules of the procedure on the debt settlement have not been overseen, the court finds it likely that the failure has had crucial importance for the ordinance of the chord ; |
| 2) | when the chord bill goes out on payment of less than the prescribed minimum dividend, or has not been adopted with the required majority, jf Section 30 and 43 ; |
| 3) | when the chord will not provide equal right for all of the ordinary foraging as it will be binding for, and that did not consent to stand back ; |
| 4) | when it turns out that there are circumstances as mentioned in Section 50 # 1 and 2, and which are not to the foraging of the claimers before the vote, if the relationship can be believed to have had crucial influence on the outcome of this one. |
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The court can refuse to confirm the chord :
| 1) | when the accusation weavers to give the information the court needs at the decision, or without any valid grounds from the forageing meeting, the voting meeting or the staunge meeting ; |
| 2) | when the court finds it well-made that the guilty plea for the past three years before the opening of the debt negotiation or later has been guilty of criminal charges in connection with economic business. Is the accusation a convergence or a foundation, can starebate be denied if business leads or board member of the mentioned date of time has been guilty of such criminal charges or on the guilt of guilt or on the guilt of guilt. |
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 19 June 2015 # 65 (ikr. 1 oct 2015). |
Following the petition of the debt board or by a foraging that in the event will be bound by the chord, the court can refuse staresettlement :
| 1) | when it is shown that the chord is brought in the stand by that a forage has been beneficiary or has been lifting the promise of beneficiary, either by the accusation or by third person ; |
| 2) | when it is shown that the chord does not match the common interests of the foraging, because f ex : |
| (a) | the dividend that has been offered, stands in prominent misrelation to the guilt-of-person payment opportunities, or |
| (b) | the resettlement amounts to be covered fully in accordance with the chord proposal, jf Section 30 fifth clause, is so significant that it involves an unreasonable distribution of the foraging havers, or |
| (c) | the payment mines that are lined up, entails an deferral of the payment that goes further than there is reasonable, or |
| (d) | there is no reasonable view that the chord will be met. |
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
If the court finds reason for it, it can set as conditions for starebate that the accusation undercasts supervision with the fulfillment of the chord.
The vision of the athlete is being made by one or more of the debt subject members or of one or more other people appointed by the court. The vision shall impose on the guilt of the guilty plea so that the guilt of the guilty time gets to the disposal of the funds which need to fulfill the chord and that the guilt-taking action as the debt Board has set as conditions for recommending chord. The vision shall further seek to prevent any claimant from being given coverage to damage for others. The guilt duties to provide full access to supervision with his business and to correct after the injunction of this connection gives.
The provisions of Section 10, 12 and 13 apply accordingly to the Board of Health.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The court decides the question of the confirmation of the ruling, which should be debit within a week after the stagnat meeting. If the chord order involves mortgage charges entirely or partially abduction, jf. Section 31, the starestov court ruling shall contain an exact indication of in what extent the mortgage charges are dropping.
A verdict that confirms the chord can be anchored by the accusation and of any foraging holder that will be bound by the chord. The guilt of the guilt will be to stand under the debt subject's supervision until the verdict has been rebined.
If the courthouse or appellate court denies the confirmation of the court, it shall simultaneously hit the decisions mentioned in Section 57.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
If the court confirms the chord, the debt subject shall immediately send message of this to all known foresters that are not attributed to full coverage.
When the starestoca court ruling has been judicial, the debt subject shall announce the chord in the way that has been determined in Section 35 other clauses and ensure that message after Section 36 first clause 1, 2 and 3 are deleted, and that message of termination of the foreclosure case is recorded in the FortaksRegistry if the accusation's enterprise name has been introduced there.
If the chord implies that mortgage charges registered in a court-register completely or partially abduction, the debt subject shall immediately be judicial, ensuring that the ruling is recorded. By hand-deposit or by deposit in simple claims, message of the abduction shall be given to the person who possesses the pancy or to the guilt of the claim.
| 0 | Modified by laws 21 June 1985 # 78, 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 5 sep 2003 # 91 (ikr. 1 March 2004 ifg. res. 5 sep 2003 # 1118), 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
If it is desired by a foraging, and the court finds very much reason for it, it can also after the chord is staunattached, deciding that the accusation shall be undergiven supervision until the chord is met.
The court hits its decision by ruling after the accusation has been given the opportunity to comment. A verdict that takes the petition to follow can within three days of the accusation of the guilty plea. A verdict that declines the petition cannot be aniled.
The provisions of Section 51 different and third joints apply accordingly.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The stareate chord is binding on all foraging if receivable changes write from the time before the opening of the debt negotiation. The Akorder is still not binding on :
| 1) | accounts receivable that have legislables preset ; |
| 2) | Accounts receivable secured by panterett or other security right in the guilt of guilt, in the extent that the exodus falls within the mortgage's perceived value ; |
| 3) | Accounts receivable that may be required at counter bill for as far as they are covered by the engine requirement. |
Section 28 and 29 are applicable to the equivalent of compulsekord.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
The court shall enact the debt negotiation by ruling when it after the expiration of the deadline after Section 19 desired by the accusation, and there has been written consent from all known foraging, excluding the foraging of the forage if receivable changes are or offered secured by reassuring self-guilt bail, panterett or other equivalent safety right.
Section 53 gets the equivalent of the Applicability, other clause still only where it has been announced that the accusation has opened negotiation on foreclosure words.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
The court shall enact the debt settlement and open bankruptcy in the guilt of the guilty plea :
| 1) | when the court after incomes from the debt Board finds that it is not a view that the accusation will be able to achieve voluntary debt arrangement or foreclosure, or that the accusation does not within reasonable time have protested proposals for voluntary debt arrangement or compulsive word, jf Section 22 other clauses ; |
| 2) | when there is open negotiation on voluntary debt arrangement and the court declines the guilt-changing motion of the opening of negotiation of foreclosure, jof Section 6 a ; |
| 3) | when the court refuses to confirm a foreclosure word, jf Section 52 ; |
| 4) | when the debt negotiation has not ended within six months from the opening or within a longer term that the court has set for the request from the debt subject. |
The court can after the petition of the debt-and-run debt settlement and open bankruptcy in the guilt of the guilty plea when the court finds that the accusation of guilt or repeatedly has acted against his duties after Section 14 and 18.
The court hits its decision by ruling. Before the court's ruling, the accusation shall be called to court proceedings in that manner and with the notice that determined in Section 70. By appeal of the ruling, Section 72 other clause applies accordingly.
| 0 | Modified by laws 14 June 1985 # 69, 30 March 1990 # 8, 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3, 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
The debt negotiation is deemed to be concluded :
| 1) | when the court receives message that the accusation has received voluntary debt arrangement, jf Section 27 ; |
| 2) | when the accusation has been given foreclosure, which is starefied by judicial ruling, jf Section 52 ; |
| 3) | when there is a cancellation of the attitude of the debt negotiation after Section 56, and the ruling has been rescraminated ; |
| 4) | when it is said verdict of the setting of the debt negotiation after Section 57 without bankruptcy has been opened, and the ruling has been refunalized. |
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
If the accusation dies before the verdict on bankruptcy opening is said in accordance with Section 57 or before the debt act is deemed to be concluded, jf Section 58, the debt negotiation shall be resolved and the guilt of the state of bankruptcy law.
Is the accusation insolvent, the person's living will be taken during bankruptcy treatment when it is desired by the guilt of the guilt or a foraging holder.
The guilt is insolvent when this one cannot fulfill its obligations as they are due, the co-less payment of the payment must be assumed to be transiting. Insolvens still do not reach the guilt of guilt and revenue together are believed to be able to provide full coverage for the guilt's obligations, though the fulfillment of the obligations will be delayed by the coverage of the assets.
Part Article SECTION 62. Precussion for the insolvens of the guilt of the guilt-era.Erknow the accusation to be insolvent, or has the accusation halted its payments, or has it at the outlay or arrest in the last three months before the bankruptcy motion was submitted, not been able to be achieved coverage of the guilty plea, assumed insolvens in The general ability to forage.
| 0 | Modified by law 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
If the accusation has legislator accounting equally, or has had such fiscal care in the past year before bankruptcy filed, insolvens in general, the insolent of general is believed to be relegant when bankruptcy is filed by a forage as the evidence of evidence The guilt of clear and overdue debt and as at least 4 weeks thereafter has allowed the preaching for the accusation an appeal to pay within two weeks. The course petition must in case be brought in to the court in the first two weeks after the payment deadline.
In the payment solicitation to be proclaimed for the accusation, the accusation shall be made aware of the foraging of the state's access to file for bankruptcy opened if payment does not occur within the release of the state, and on that insolvens at the treatment of The bankruptcy of the bankruptcy of general is believed to be precovaging when the forage of the forage has gone forward by the rules of this paragraph.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Concourse shall not be opened after the petition of a foraging holder if :
| 1) | The foraging of the foraging has been secured by reassuring lien in the guilt of guilt ; |
| 2) | The foraging habitat has been secured by reassuring lien in third-person assets, and the bankruptcy petition is in violation of the terms of the security stilance ; |
| 3) | The foraging habitat is unfallen and is secured or secured by reassuring panterett in third-person belongings. |
If the court only under doubt finds that there has been sufficient evidence for the existence or extent of the foraging, bankruptcy denied could be opened if the redemption is secured or secured by reassuring lien in third-person assets.
Similar to the literet is different equivalent of safety right. Equestret with panterone in third-person assets is self-guilt bail.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
If a guilt has been granted compulsions, and which has been underhanded supervision of the chord, rough or repeatedly has acted against his duties after Section 51 or 54, the court shall open bankruptcy in the guilt of the guilty plea The authority when it is not clear that the accusation nonetheless can fulfill the chord.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Motion for opening of bankruptcy must be placed in writing for the courthouse and indicate the circumstances of the motion of the court.
The desire of the petition for bankruptcy opened, must this as an attachment to the motion to give the court :
| 1) | a task over its assets and its debt, with the indication of the foraging of the foraging, addresses and tigodeshais and those security names that are hefty for the debt ; if a foraging has panterone or other equivalent safety right in the guilt of guilt. assets, must the timing of as well the debt as the security foundation is specified ; |
| 2) | a statement of how registration and documentation of accounting information is targeted. |
| 0 | Modified by laws 17 July 1998 No. 56 (ikr. 1 jan 1999), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The desire for bankruptcy opened after Section 60 to 63 is due to enter the bankruptcy petition to the courthouse an amount corresponding to the maximum liability of the costs of the housing treatment after Section 73. The amount of money serves as security for this responsibility, and can also be used for coverage of costs that are incurred before realization of the book's assets, if it among the guilt of the guilty funds for this purpose.
Court fees Act Section 3 third and sixth clause and Section 5 other clauses apply accordingly.
The court can make exceptions from the rule of security stillation after the first clause when bankruptcy filed by public authority or otherwise must be assumed to forage a significantly public interest in bankruptcy being opened.
It shall not face safety after the first clause when bankruptcy is opened by the accusation or a working holder with the settlement Act Section 9-3 or a coverage requirement following the salary warranty Act Section 1 fourth clause 1 and # 2 first period.
| 0 | Modified by laws 14 June 1985 # 69, 10 apr 1992 number 42, 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. 14 des 2012 # 80 (ikr. 1 jan 2013), see its VIII, 19 des 2014 # 74, 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
A bankruptcy petition can be recalled as long as the court has not said the verdict of whether bankruptcy should be opened.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
A motion for the opening of bankruptcy in a guilt-person living can be decided even if a previously profiled motion for the same yet has not yet been settled.
When the court receives a petition for bankruptcy opening, it shall give the petition on drawing on the day when it came to court.
Proception of the treatment of the question of opening of bankruptcy is kept immediately possible after the motion of the petition has come into court and barely made within a week.
If the bankruptcy petition is profiled by the accusation, the court can convene him to the court hearing. In other cases, summons to the judicial meeting shall be announced with at least two-day notice for the accusation and for the one that has profiled the motion. The petition is also preaching at the same time for the accusation. The cynicism of the accusation can be neglected if it had to happen after the rules of the judiciary Act Section 180 and 181.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The court can at the verdict delay the treatment of a bankruptcy petition to a later court meeting when it finds it necessary for it to be obtained further information, because it is reason to believe that the accusation has valid absence, or by others similar reasons. The new court meeting must normally be held within a week. Invitation to the meeting proclaimed for the accusation and the requisition with at least two-day notice. New deferral can only be determined where conditions make it particularly mandated.
If the court finds that a motion for the opening of bankruptcy raises actual or judicial questions that should be redeployed, it can by ruling that the parties should be given admission to the process of entry ; the deadline to input must normally not be over four days, and all process input should be entered to the court within two weeks.
Court's decisions by this paragraph cannot be attacked at appeal.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The court shall immediately be able to cancel the verdict on whether bankruptcy should be opened. The timing of the cancellation of the ruling is novited in the court book.
The chain of bankruptcy can be estimated by any person as the decision frames. By appeal of the verdict of the opening of bankruptcy, the estate shall also be party. The duck has not resettling effect, but before a verdict on opening bankruptcy has been judicial, it should usually not be conducted other dispositions over the skyline of the skyline than those needed to prevent losses for the estate.
| 0 | Modified by laws 30 March 1990 # 8, 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3, 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
If bankruptcy has been opened in accordance with Section 60, and it turns out that the estate does not have sufficient funds to cover the cost of the boos, the one that seeks the bankruptcy is opened, responsible for the excess. The responsibility can still be limited by regulations as the King determines.
The guilt, work holder or other private fortresses that are exempt from silent safety after Section 67, does not have any liability for the cost of the booing treatment.
The dietary charges like the one that have filed for bankruptcy opened, not bookings for or cannot pay, the duties state to cover. The same goes for the expense of charges by a bankruptcy opened in accordance with Section 57 and 65 when these cannot be covered by the Boets funds.
| 0 | Modified by law 10 apr 1992 number 42, 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
The course is deemed opened at the time when the verdict of the opening of bankruptcy has been said, and lasts until bankruptcy treatment is finally concluded, jf Section 137.
Is the petition filed for bankruptcy, the courthouse may or the court that after appeal processes the motion, at the request of a foraging or after separate measures determine that the guilt of guilt over assets that be retaken by the settlement court in bankruptcy, completely or partly to be repeared until the bankruptcy motion is settled, if it is probable that the guilt would otherwise comply with the belongings of damage for the foraging habiters. The court can make the decision of the raw ban depending on security measures. These rules apply accordingly when the debt board has given the input as mentioned in Section 57 first clause 1.
The ruling ban falls away if the court rejects the bankruptcy motion, unless the court decides that it should apply, but no longer than to the verdict on bankruptcy opening has been rescraminated. The court may be filed for motion from the accusation or a foraging or after separate measures repeaing a raw ban in the extent that there is no longer sufficient reason to maintain it.
The Court of Justice shall ensure that the raw ban is being tingly or registered. If the ban includes specific indicated items, the court of the court is applicable to the arrest of the goods of goods. Moreover, the raw ban is supposed to be in the lifting of the ransom register, but it can for this one-part not invoke the agreement with the accusation and who did not know or should know the ban.
When it is likely that the accusation would otherwise comply with their belongings to damage for the foraging or for the otherwise troubled bankruptcy treatment, the court can commit measures as mentioned in Section 102 and 105. The rules in the first and other clause apply accordingly.
Before it is made the ordinance of this paragraph, the accusation should as far as possible get the opportunity to comment. The bet is to be made by ruling. Anke does not have the uptake effect unless the court decides it.
| 0 | Modified by laws 30 March 1990 # 8, 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The one that advances or maintains a bankruptcy petition according to Section 57 different joints, 60 or 65 without having probable cause to assume that the terms of bankruptcy are present, duties if the motion is discarded, replacing the guilt-loss this one can be assumed to be added as a result of the petition. If the one that advances the motion, acts against better judgement or aggravated negligent, the person is also to be placed to the guilty plea of a reasonable amount of money that uptake for the tort or other damage of not economically species that the petition has caused.
The one that has conveyed motion for the raw ban after Section 75, duties to replace the guilt-loss that this may be believed to be added as a result of the ban, if the ban was clearly unnecessary, and it was induced by information that the person knew or had to understand was unricky. The first clause second period gets the equivalent of the Applicability.
If the demands of the first and other clause are brought in for the court, it hits its decision by judgment.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by laws 26 jan 2007 # 3 and 21 des 2007 # 127. |
When the verdict of the opening of bankruptcy is said, the court should immediately name a boManager-usually a lawyer.
The court shall simultaneously take the position of whether there are yet obvious reasons that suggest that the court should immediately name a creditor selection, jf. Section 83, or if the decision of whether the creditor Committee shall be appointed, can be outspoken to the question can be resolved on first shift collection.
The court can also upmention auditor, jf Section 90.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The court shall without a stay completed an announcement to contain :
| 1) | The underdirection that bankruptcy is opened in the guilt of the guilt of the guilt of the guilt or business, business address and residence and about the guilt of guilt where this differs from the person's name ; |
| 2) | enlightenment of who is appointed as the boboards and optionally boremitor ; |
| 3) | The enrichment of first shift collection in the estate, which should be held at the latest 3 weeks after the announcement is outset ; |
| 4) | solicitation of the claimers to report their claims to the book manager within a further specified deadline, jf. SECTION 109, |
| 5) | enlightenment of which court is treating the estate. |
If it must be assumed that the estate will not provide coverage to unprioritized forestages, this can be disclosed in the announcement together with the court's possible decision after Section 156 first clause.
The court or the driver of the bankruptcy register if the ministry decides it should send the announcement to the Bay of the Bay of the Bay of the Bay of Brekneusundres electronic announcement. Moreover, the Board is supposed to send the announcement to all known foraging.
The Ministry can provide regulations with closer regulations on the completion of the announcement.
The court shall immediately inform Norway's Bank when it has said recognition of the opening of bankruptcy in the institution participating in system as mentioned in law on payment systems Section 1-1 first clause or Section 1-2.
| 0 | Modified by laws 19 March 1993 # 34, 15 May 1998 # 27 (ikr. 1 jan 1999 ifg. res. 15 May 1998 # 478), 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 17 des 1999 # 95 (ikr. 14 apr 2000 ifg Research. 13 apr 2000 # 324), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 5 sep 2003 # 91 (ikr. 1 March 2004 ifg. res. 5 sep 2003 # 1118), 27 jan 2006 # 4 (ikr. 1 Feb 2006 ifg. res 27 jan 2006 # 74), 14 June 2013 # 41 (ikr. 1 July 2013 ifg. res. 14 June 2013 # 638). |
The court shall ensure that the message of bankruptcy has been opened in the guilt of the Office of the Office of the Office of the Office of the Office of the Office.
The driver of the Concursregister ensures that the message of bankruptcy is opened in the guilt of the guilt, the tinglights or registered in :
| 1) | The Lion Registry, |
| 2) | The unit registry, if the guilt business is introduced there, |
| 3) | The basic book, if the guilt owner owns fixed property, |
| 4) | The assessment registry, if the guilt's business is instituted there, |
| 5) | The accounting registry, if the accusation's business is sensending likable, |
| 6) | The Elcertificate registry, if the accusation holds the electric certificate account. |
The driver of the ConcursRegistry is to send message of the bankruptcy opening in accordance with the mervalue tax law Section 14-2 first clause second period.
Unless the court decides to do it himself, the manager shall ensure that the message of bankruptcy is opened in the guilt of the guilt
| 1) | other recalstries than the basic book, for as far as the accusation owns assets registered there, |
| 2) | a value paper register, if there are registered rights in which the housing manager believes is reauthored by the book's proposal right. |
Unless the court decides to do it himself, the manager should further submit the subdirection of the bankruptcy opening of the post-Norway AS and those banks and equivalent institutions where the accusation has deposits.
The king can in regulation give closer regulations on the steps of the procedure of setting messages after the first to the fifth clause.
Will be an asset abandonated after Section 117 b, the manager shall ensure that message mentioned in second clause 1 and 3 and fourth joints are deleted for barely applicable to the abandonated belongings. Further, it shall be given message to the tax office if the abandonation applies to the formutesbenefits that will be able to cause claims of merit tax on sale from the guilt-side.
| 0 | Modified by laws 21 June 1985 # 78, 19 March 1993 No. 1 34, 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 21 June 2002 # 43 (ikr. 1 July 2002 ifg res. 21 June 2002 # 569), 5 July 2002 # 64 (ikr. 1 jan 2003 ifg Research. 20 des 2002 # 1627), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 jan 2007 for other clause ifg. res. 15 des 2006 # 1426 with the exception of other clause 3) who changed by law 30 June 2006 # 52, 29 June 2007 # 54 (ikr. 1 jan 2008 ifg res. 7 des 2007 # 1370), 27 jan 2006 # 4 (ikr. 1 March 2008 for the rest of the paragrafen ifg. res. 15 Feb 2008 # 137), 19 June 2009 # 58 (ikr. 1 jan 2010 ifg. res. 6 Nov 2009 # 1347), 24 June 2011 # 39 (ikr. 1 jan 2012 ifg. res. 16 des 2011 # 1244). |
Unless the court decides to do it himself, the manager should immediately ensure that the guilt's rainfall and accounting material are being ensured and that it is being made registration and valued by the guilt of guilt. Eienparts that have been appreciated during a debt negotiation immediately before the bankruptcy, it is not necessary to value new ones.
In the extent that the court finds it necessary or appropriate, it can let the guilt of guilt seal. Money, securities and other valuables should the manager normally take into custody.
The guilt duties to be present at the registration business about the requested by the court or the book manager.
The registration and sealing business can be handed over to the sheriff's, namsfogen or police station with civilian court rental tasks or another fit person appointed by the court.
At the registration business, it can be referred to as a witness if it for honest reasons exists desirable or the court determines it. The court rules of judicial witness apply to the equivalent of as far as they fit. When the appreciation of the appreciation requires special plaintness, the manager or the court can summon one or more plainable helpers. Section 12 applies to the equivalent of such helpers.
The Board or the court can if necessary require assistance by the police to conduct safeguards, registration and sealing after this paragrafen.
| 0 | Changed by law 22 June 1990 # 40 (ikr. 1 jan 1991), 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 25 June 2004 # 53 (ikr. 1 jan 2006 ifg. res. 19 aug 2005 # 901) that changed by law 17 June 2005 # 84. |
Court's decisions by Section 77 different joints and Section 78 to 80 cannot be attacked at appeal.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
If the book's size or grade of difficulty or conditions for the other, the court shall appoint a creditor selection of from one to three members, which preferably to be selected among the foraging or their delegates. In cases mentioned in Section 84, a representative shall be appointed representative of the staff member of the creditor Committee ; the creditor of the credit committee can then consist of up to four members.
The Kreditoral Committee constitutes together with the BoManager board of directors.
If the court has not already appointed creditor selection, jf. Section 77, the foraging habitable will be given the opportunity to comment on the first shift collection in the estate if it should be appointed a creditor selection and optionally if the joint statement of the selection. The court should also overtake the manager's view of the question. The court can make its decision on the appointment of a creditor of a credit committee conditioned by the person appointed, willing to undertake the enlisted without allowance.
Court decisions by first clause cannot be attacked at appeal.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The Board is scheduled to as early as possible inform the employees of the guilt business of their rights and keep them oriented about the botreatment so far their interests bernerist. This can happen through a meeting with the employees or their delegates, in letters or in any other appropriate manner.
When it in co-member of Section 77 or 83 is decided that it should be appointed a creditor Committee, the court is due to claim from a majority of its employees in the state's nutritional business name a representative of the staff members as a member of the creditor Committee. The same applies when such a requirement is set by a local union that organizes a majority of its employees in the business or by several local unions that until together organises a majority of its employees.
The court may yet after an assessment of the book's position, the prospects for further operation and circumstances of the otherwise neglected to name such representative. The court is due to fall in advance of the statement from the book manager.
The king can at regulation or pass in the individual case make exceptions from these rules, and provide filler rules, herders about the reddit of the reddit in concert and concert-like conditions.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 20 June 2003 # 45 (ikr. 1 July 2003 ifg res. 20 June 2003 # 712). |
The Board shall be in detention of the public interest of the individual foraging and facing third-person. As far as it is unify with these interests, the manager in cooperation with public authorities shall co-operate that regard to the affected Workers and Honest Community interests of detention during the book. It also rests the BoManager to make the necessary for the estate to be updone, bl a :
| 1) | obtaining the nest of what is hearing to the book's mass, derunder examining and if necessary imet to claim the issue of values contained in the estate ; |
| 2) | to resettlement the book's outstanding accounts receivable ; |
| 3) | ensuring the preservation, supervision, necessary assurance and possible the increase of the book's assets and for them to be sold as favorable as possible ; |
| 4) | to bring on the clean which accounts should be approved as the dividend of the dividend and optionally preferably resettlement in the estate ; |
| 5) | determining-with the exception of its own, the drilling deputy and creditor electoral allowance-which accounts to be accepted as mass changes and thus equal accounts receivable ; |
| 6) | to hit decision on the reportion of the bankruptcy battle (abandonation) or transfer to the mortgage of the mortgage for further specified assets ; |
| 7) | to provide information as mentioned in Section 122a to the prosecution and the SEC ; |
| 8) | to give message to the county of the county as early as possible if the business is believed to be able to cause pollution that is not legal without the permission of the pollution law ; |
| 9) | to give message as early as possible to the joint local office in the working-and welfare administration where the accusation holds to about the bankruptcy and about which workers have claims in the estate, if it is Workers in the Accuses of Accuses. |
Is it appointed a creditor Committee, shall the manager of all questions of essential importance as far as possible hit its decision in co-counsel with the creditor selection.
The manager represents the estate of the estate. That the housing manager has acted in violation of the Board, the shift collection or the courthouse has done, or otherwise gone beyond their competence, cannot be invoked to gullible third person.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631), 19 June 2009 # 48 (ikr. 21 des 2009 ifg res. 18 des 2009 # 1603), 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
The BoManager shall be in accounting for the estate. The Ministry of Justice can give closer rules about the accounting.
Money amounts belonging to the estate shall usually be placed on bank account. The court can consent in other reassuring location.
| 0 | Modified by laws 14 June 1985 # 69, 9 jan 1998 # 5, 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The BoManager shall for its possible liability as the boards of residence be secured through an insurance arrangement approved by the ministry. The insurance premiout is considered as a booster.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
The Kreditoral Committee is to be joined by the residence of the Boreddit's joint interests of the individual foraging and facing third-person. As far as it is unify with these interests, it shall in cooperation with public authorities co-workers that regard to the affected Workers and Honest civic interests of detention during the book.
The selection shall further conduct supervision of the BoManager, and can at any time require visibility into the book's registered accounting information, accounting material, books and papers and demand to obtain all necessary information. The selection of the election members may require closer to indicated questions about the bankruptcy treatment for overall living boards for decision.
If the selection of essential points has objections to the book's relationship, it shall immediately take the account of the courthouse.
| 0 | Modified by laws 17 July 1998 No. 56 (ikr. 1 jan 1999), 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The Board is leading the boards of the board and leads protocol over the negotiations and decisions that are being made. The protocol is underwritten for each meeting of the All-present members of the Board of Directors.
The Board is hitting its ordinance by vocal multitness. In the case of vocal resemblance, the boy's voice makes the vote out.
Unless, of course, is appointed auditor after Section 77 third clause, the court should name an auditor for the estate after the foraging of the first shift collection has had the opportunity to comment on it.
The stake is on the auditor :
| 1) | reviewing and commenting on the guilt of guilt and business and to devise an audit entry into the extent the housing manager assumes it has meaning for the issue of insistence by Section 120 ; |
| 2) | to revise the book's accounting in accordance with good audit custom and to control payouts from the estate. |
The court can at the appointment of the appointment or later limit auditors tasks by other clause 1. The court can also free auditor for the tasks by other clause 2.
If the estate is simple and overseen or its funds so limited that it can be difficult to bear the expenses of an accounting appointment, the court can completely unmention auditor. If it is not appointed auditor to perform the tasks by other clause 2. These shall be conducted by the court, of the creditor selection or by special appointed auditor after instruction given by the court.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The rules of Section 12 and 13 are applicable to the board of directors and auditor.
The appointment of new boards, new auditor, or new members of the creditor Committee, is happening in accordance with the rules of Section 77, 83, 84 and 90.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
Skiftcollection shall be held when
| 1) | it after the law is mandatory, |
| 2) | the court finds it mandated, |
| 3) | the manager or any other member of the board of directors crave it, or |
| 4) | It is desired by the foraging of the consumers representing at least 1/5 of the overall amount of the receivable refunds that provide voting rights. |
Where working conditions make it necessary, the judge in invasive case can be necessary to manage a single shift collection in bankruptcy.
A feature of the government has been ordered by other clauses cannot process and determine disputes, or make the soldering. The empower editor does not allow admission to rule the court under evidence of evidence.
| 0 | Changed by law 22 June 1990 # 40 (ikr. 1 jan 1991), 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
If nothing else is determined in this law, the court decides how it should be called to the shift collection. As long as the deadline for the review of the receivable has not expired, summons will still always be announced in the Brasneusundreggies electronic announcement.
When the deadline for the review of the receivable changes has expired, the court can where it finds it undoubtful, let the enrichment of the shift collection in the preceding shift collection three instead of summons.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 Feb 2006 ifg. res 27 jan 2006 # 74). |
Whether not otherwise determined in this law, the suffrage of the shift collection can only be practiced by the forage of meetings of personal or by a representative who has common authority to perform on the claimant on the shift collection.
No one can personally, as representative or by representative participating in the vote that applies :
| 1) | deal between him himself and the accusation or the estate ; |
| 2) | his own responsibility to the accusation or the estate ; |
| 3) | a case in which he himself has a prominent personal or economic particular interest. |
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
Accounts receivable secured by the lien or other security rights in the guilt of guilt, provide only voting for the amount that cannot be assumed to be covered by security.
Accounts receivable that have legislables do not give the suffrage if it is obvious that the estate will provide full coverage of them. If it is obvious that the estate will only provide coverage of these accounts receivable, it is only those who give the suffrage.
The provisions of other clause are given the corresponding use of the ratio of the relationship between common bankruptcy changes and post-priority receivables.
Conditional receivable changes do not give suffrage until the condition is in effect.
Attaches on shift collections meet at the average majority rain after resettlement amounts. The majority of the majority of the govem must nonetheless make at least 1/5 of the overall amount of the receivables that provide voting rights. Are the voting numbers calculated after the foraging amount equal, the number of foraging is crucial.
Upon the cancellation prior to the deadline for the review of the receivable, it shall be taken into account of all the accounts of the court or the board members have knowledge of on the voting time. Upon subsequent resettlement, it shall be taken into account of all accounts receivable prior to the deadline, as well as to the receivable charges after the deadline's expiry, but at least one week before the shift collection.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Is it dispute or blur of whether or for what amounts to give suffrage, the court decides the question as far as necessary to determine the outcome of the vote. Before the court takes its stance, it can be stopped to overtake further information. The decision only has effect for the question of the foraging of the state's suffrage and cannot be aniled.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The ordinance that the shift collection makes is binding on the book manager and the boards of the boards, unless they are underknown according to Section 99.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
The courthouse can impose the book manager or the Board of Directing to lecture specific questions about the shift collection for the statement or decision.
The court can of its own measures or after motion of the accusation, a foraging or a member of the Board of the Board of Directorate of the Board of the Boger, the Boboard, or the shift collection, if the ordinance :
| 1) | is in violation of the guilt of guilt, a foraging havers or a third person's right ; |
| 2) | is illegal in other ensends ; |
| 3) | is clearly unreasonable. |
Section 10 other clauses apply accordingly.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
| 0 | The headline changed by law 3 sep 1999 number 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
The guilt is under the bankruptcy unjustified to comply with the boards of the book, to accept the fulfillment of the book's receiverments or termination o l on the boat's behalf, and to impose its estate obligations.
The Boet cannot invoke the rule in the first clause of the person who has fulfilled his commitment to the accusation, or targeted a termination or similar edict to the accusation in case where such an edict had to be made within a certain deadline and who did not know or should know that bankruptcy was opened.
The person who invoke the rule in other joints has the burden of proof that it had been good faith.
| 0 | Modified by laws 30 March 1990 # 8, 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
After the cancellation of the opening of bankruptcy, the duties guilty of giving the courthouse, the book manager, the board and accountant all information about his financial conditions and about his business transfer before and during bankruptcy. The guilt is also supposed to help provide correspondence, fiscal car layers and other documents of significance for the booster, and, by the way, provide necessary assistance to secure the property's assets and determining the extent of its obligations. In the necessary extent, the accusation shall also assist the manager in connection with the fulfillment of the flour duty after Section 85 first clause 8.
By the way, the rules apply in Section 18 different clauses accordingly.
The IRS is due to be on the bidding of the court or the manager providing information on the guilt of guilt-and income conditions.
About the fiscal and auditors of the accounting alike applies to Section 18a corresponding.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). Endres by law 27 May 2016 # 14 (ikr. 1 jan 2017 ifg. res. 27 May 2016 # 531). |
Under the bankruptcy, the accusation must not without the consent of the court stand out of the realm or in violation of the ban from the court leave the court circuit or a further specified area about this one.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The guilt duties to be present at all shift collections when this one has no valid absence or has been granted permission by the manager to be absent.
| 0 | Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The BoManager has the right to require extradited letters and other mail submissions and telegrams addressed to the guilty plea. The BoManager can open all submissions that are not clearly the estate of the estate. The guilt is supposed to have the opportunity to be present at the opening.
The court can by ruling impose the guilt-free of the following :
| 1) | when there is reason to believe that the guilt is seeking to evade the estate any of its assets or rights ; |
| 2) | when there is reason to believe that the accusation will act in violation of its duties after Section 102 ; |
| 3) | when it is otherwise reason to believe that the guilt of the guilt will violate its duties after this law. |
Freedom of freedom can consist in arrest and representation for the court or the manager, in incarceration or in other stoves in the personal freedom after further determination of the court.
Freedom of freedom can be determined for the maximum three weeks at a time, but can be extended by the new decision by the court.
When without oral negotiation has been met with decision on freedom of freedom, the court of the accusation or the board of directors shall crave it, as soon as possible call for oral negotiation to the treatment of the question. If the freedom of freedom is going out in incarceration, the court is conducting the summons of its own action. A decision on freedom of freedom of choice has been taken without oral negotiation cannot be estimated to be made.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
On the petition of the accusation, the court can at the bankruptcy opening or later confess to the plea of the guilty plea or the guilt of the child's family an entertainment contribution of the Boets. If there is a shift collection in the estate after the court has hit the ordinance to confess to such underteeing, the question of whether still undercautions the statute of law enforcement has to be made to the statement. The decision can be redone if it turns out that it builds on incorrect predictions, or if conditions later change.
At the decision, it should particularly be taken into account the position of the book and his family's needs, to in what extent the guilt's personal work will be mandated during the boos, and to the guilt-run opportunities to acquire revenue by other personal business.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
That the accusation dies after it is opened bankruptcy in the guilt of the guilt of the state, has no influence on the treatment and termination of the estate.
The court can on the petition of the accusation of guilt or the book manager decide that the funeral expenses completely or partly shall be paid by the estate.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
If the accusation is a convergence or a foundation, Section 101-107, jf Section 75 fourth clause, shall apply accordingly to the person or has been personally responsible participant in, business leader, or board member of the Association. The meeting duty after Section 103 is still only when the manager has given cuts about it.
For people who have not been in such a position later than one year before the deadline day, the rules only get the Applicability of the extent to the extent that the court decides.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
In the announcement that bankruptcy has been opened, the court should encourage the accusation of the court to report its receivables to the manager within a further specified deadline. With the review, follow the documents that serve as evidence of the foregoing, and enlightenment shall be given on the basis of the foregoing, and those security is in the guilt of guilt or third-person assets that needed to be booklet for them, and about whether or not it is solidarity co-committed.
If the bankruptcy is opened in direct continuation of a debt negotiation, jf law on the foraging of the foraging right Section 1-4 sixth clause, and the exodus under this negotiation is reported to the debt subject, it is not necessary to report it again. Illumination about this is given in the announcement.
The deadline for review must be at least three and at least six weeks the rain from the day bankruptcy opening was announced in the Bay of the Bay of the Bay of the Bay of the Bay of the Bay of the Bay of the Bay of Brunnneudres electronic announcement.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 Feb 2006 ifg. res 27 jan 2006 # 74). |
The Board shall bring list of the receivable changes that are reported in the estate with the indication of the priority of the priority of the priority by the priority of the priority of the priority.
The Board shall immediately indicate in the list of the amount and the priority it is raised on that individual foregoing to be approved with. The Board shall also provide an estimate of the mass changes and thus equal changes believed to be would be made current against the estate.
The BoManager shall not be instill changes that clearly do not want to achieve coverage or any minimum coverage determined after Section 128 third clause even if the review is added. Formergers that after this are not given their accounts receivable, shall be implied that their receivable changes will not be set and tried.
Anyone who has a legal interest in the bankruptcy treatment has the right to make himself familiar with the list and the foraging reviews.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 20 June 2003 # 45 (ikr. 1 July 2003 ifg res. 20 June 2003 # 712). |
The inlined receivable are tried as soon as the necessary basis for the trial has been issued. The trial is being done by the book manager or of the boards of the boards if it is appointed creditor Committee. The test can happen on shift collection.
The concurate of the Concurate, foresters who have been granted their accounts receivable and drilling visor have the right to comment and to be present during the foraging trial. These will be notified of time and place of the trial and be submitted the book manager setting at least eight days before the trial takes place. Notification of foraging can be sent electronically with reference to where the setting exists electronically available, if the recipient has accepted the use of electronic communications. The person who has the right to be present at the transfer trial still has the right to on request to be sent the setting. When there is undoubtful, a foraging can be tried even if the boozer's attitude has not been foregone for the past eight days before the foraging trial.
Accounts receivable that have been filed with claims of prestep dish should be tried first. If necessary, the trial can be continued at a later occasion. The result of the trial should be recorded.
If the approval or rejection of a fortification depends on circumstances that are not known when the promotion is tried, it can meet the decision that the manager later finds a further specified relationship allowance.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 27 jan 2006 # 4 (ikr. 1 March 2008 ifg res. 15 Feb 2008 # 137). |
If the book manager as a result of the information or objections that is occurring during the foraging, changing its setting regarding a foraging, the trial should be delayed, when there is no unreasonably thought to undergo the migration immediately.
| 0 | Modified by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
If the book manager is recalling for a foraging to be approved in accordance with the review, and it is not yet to be made by the trial, the promotion of the setting is deemed to be approved as well with respect to amounts as priority. It can later not be disputed during the bankruptcy treatment, unless there is any information that undoubtedly would have led to that approval would be denied, if they had been resettlement by trial. Questions on new trial of approved foraging shall be the court of law that hits its decision by decision.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
If the book manager is relining that a foraging should not be approved in accordance with the review, or if the accusation, a member of the board of directors or a foraging holder, makes indecision against the review, the manager shall inform the reviewer and give this admission to the founding of the review within a set deadline.
If the reviewer does not come with any ground release within the deadline or if the setting or ensification firmware, the manager is going to enberating the relationship with the courthouse. The court shall give the reviewer a deadline of at least three weeks to travel dispute that the setting or insigment will be added due to the trial if the dispute did not appear within the deadline.
Only the reviewer and the one that has disputed the exodus is to consider parties in any dispute as mentioned in the other clause. The win, which conveyed the introduction of the foraging review such a dispute without being attributed to sacraments, the court can decide that the person should have whole or partial damages of the estate limited to the benefit of the estate achiever.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Section 110-114 applies to the equivalent of the receivable changes as a reported after the expiration of the review deadline. The court can impose the reviewer to replace the estate's clean-up charges that impose upon the trial as a result of the promotion of the expiration date after the expiration of the deadline.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
As long as a report foraging has not been tried, the reviewer can make changes and fixes in the review with respect to the reported forecasting basis, amounts and priority.
After the exodus has been tried, such change or correction can only happen when it is due to circumstances that the reviewer did not know previously.
The modified or court review is considered a new review, if it can cause the reported foregoing to be approved by better priority or with an significantly higher amount.
Within the limits that near-risk legislation sets, the housing assets should be realized in the way that after conditions are believed to want to provide greatest dividends. Waste sales at public auction should not happen unless there is reason to believe that at this sales rate is achieved better prices than by underhand sales.
Sales of the book assets of the guilt or to the guilt of the guilty plea as mentioned in the coverage Act Section 1-5 should not happen until announcement has taken place in newspaper or in a suitable electronic media. The deadline to give bids should normally not be set shorter than a week. Announcement can be neglected if shavvy conditions allow it to be deemed unappropriate to announce the sale.
The rules of Section 17 other clauses apply accordingly, nonetheless so that the deadline is counted from the deadline day.
| 0 | Modified by law 23 apr 2004 # 18 (ikr. 1 jan 2005 ifg. res. 17 des 2004 # 1665). |
The manager can sell the Boets's convictions of unexploded effects for unexploded hefty charges if
| 1) | The sale happens along with others of the book's assets and a combined sale is expected to provide greater dividends for the estate than a sale of belongings individually, or |
| 2) | The sale occurs as joints in an overall transfer of the whole or part of the business with aim of continued operation after the bankruptcy. |
By the sale, all monetary charges are located within the purchase of the purchase of the extent that the hefty rebate has court in relation to the bankruptcy of bankruptcy. Other hefty charges than monetary charges in the person of the subject are overtaken by the buyer outside the purchase of the purchase in the extent that the amount of judicial authority has court in relation to the bankruptcy of bankruptcy. Such hefty charges shall still be set aside in the extent necessary to provide coverage to monetary charges with better or equal to priority.
By the sale of realregistered formalate benefits, the court will confirm the sale by ruling if not all affected rights hareans have given written consent to the sale. The provisions of the forced consummation Act Section Section 11-29 to 11-35 will apply accordingly as far as they fit.
By realisation of independers that are not realregistered, the manager should submit written notice to the rights of the rights of the rights to be touched by the sale, with enlightenment that the decision to make a sale can be resettled by the court after Section 99. The sale can be performed at the earliest 14 days after the notice was issued. The court's decision cannot be estimated.
The value of each mortgage object shall be specified in the agreement with the buyer. The BoManager receives the purchase of the purchase from the buyer, and benefits the amount between the rights havers in the subject of the subject in accordance with their priorities. The Tvangsconsummation Act Section 11-38 applies to the equivalent of as far as it fits. The excess amount is due to the estate.
| 0 | Added by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The Bosone may be able to stop the bankruptcy battle in an asset that is without any financial interest in the estate. The decision is carried out by the BoManager to emit a written statement to the accusation that the asset part is abandonated. The experience is supposed to indicate the time of the abandonation. The property is going from this point to the guilt of the guilt. The guilt takes over the risk of the asset from the abandonation time.
The manager should notify rights hazing in the asset section before the abandonation is performed.
The manager can turn an abandonation decision if the accusation has provided incorrect information or withheld information of importance to the decision. This still does not apply if third-person has acquired a right to the asset part. The manager can revoke an optionally surplus as the accusation achiever on sale or abduction of the asset part or otherwise.
| 0 | Added by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
The BoManager can transfer a mortgage asset that is without any financial interest in the estate of a panholder that consent to this.
The transfer should happen to the mortgage's perceived market value of transfer time. The Board is conducting the appreciation and can choose to add because it is a sale of the panted incomes. The versities are added due to the estimation of the mortgage of mortgage claims on dividends following the decree Act Section 8-14 and for the reckoning of the mortgage of the mortgage.
Wanting more mortgage-owned asset transfer to them, the transfer of the mortgage is happening to the one of the mortgage servers that have the worst priority within the asset's perceived market value of transfer time.
The transfer is carried out by the BoManager to emit a written statement to the mortgage holder that the asset has been transferred. The experience is to indicate the time of the transfer. The property is going from this point to the mortgage at the mortgage. The Panther takes over the risk of the asset from transfer time. The charges that are incurred in connection with the transfer, herunder claims of public fees and fees, are covered by the mortgage holder.
| 0 | Added by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
If the book manager, or the Board of Directorate, finds it questionable whether the estate should seek to make the current a right that is believed to be attributed to that, the question of the parent shall be the shift collection to the decision.
Beending the shift collection that the estate should not pursue its possible right, any foraging holder has voted against the ordinance, take up the case on the boat's behalf within a deadline that the court determines, if not settled between the estate and the person counterpart. The reform holder must in case of assume responsibility and quiet such security as the court determines for the loss of the estate had to be added that the case is being promoted.
The foraging must bear the cost of the persecution, but whether it leads to the toll of the toll, the foreclosures may require affordable expenses covered the engagements of the inexpensive amount.
The rules of other and third joints apply accordingly to where there are questions about using court funds against a decision about the Boets right.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Questions about and in the event of what scope of the scope of guilt should continue for the book's bill, and within the limits that close-up legislation sets, immediately possible by the manager or of the boards of the board, if appointed creditor Committee.
If the business should continue, the question should be presented to the statement of the shift collection. Continued should only be determined if it is likely that it will be able to be avoided damage effects for the estate or achieved favourable realisation of the Boets of the Boets. The Drift can also be continued if the envision of affected Workers or sHonest community interests speaks for this, and the estate gets adequate security for continued operation not to call coverage opportunities.
Questions about such narrowing or transformation of the guilt business that have essential importance to the working conditions and their working conditions shall be dreamed with representative of the working staffs, and they should barely be able to advance their views before it is set in works measures.
The court can hit temporary ordinance for the sake of the guilt business as soon as possible to be relegation to final decision in accordance with the first clause.
Beattes it in co-counsel with the mortgage or others that the business should continue, the manager shall ensure that conditions of significance for the parties, herunder the income and expense distribution between the parties, clarified in writing.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Unless the courthouse of the appointment of the boards of boards or later determines otherwise, the Borev shall, or the board of directors if it is appointed creditor Committee, only three months after the appointment of the court, which blunn. shall contain :
| 1) | an overview of the guilt of guilt about how registration and documentation of accounting information has been and about the conditions that have led to the bankruptcy. In the overview, the accusation should be made two last year accounting and year-end statements (status, operating accounting) and also task over the restatement ; |
| 2) | an overview of the book's position, with enlightenment among other things about the guilt-and-on-state bond, the hefty charges that rest on the guilt of guilt and how the belongings are valued ; |
| 3) | enlightenment of the guilt of guilt-shaped formuesratio ; |
| 4) | enlightenment of whether the accusation is believed to have made dispositions that can be recast ; |
| 5) | The illumination of whether or not that in connection with the guilt of guilt is believed to be foraging conditions that may cause straflation against the guilty plea or against someone who has acted on the guilt of guilt. Is the accusation a convergence or foundation, is provided enlightenment on whether or not business leads or a board member is believed to have been guilty of such conditions ; |
| 6) | The illumination of whether it is believed to be resettlement conditions that may provide the basis for sanctions from the SEC's auditor of the accusation of the Auditor Act Section Section 9-1 and 9-2 ; |
| 7) | an assessment of whether or not the present conditions are retaken by the rules of the bankruptcy scarcity of Section 142. |
Any input from the auditor shall be admitted. Moreover, a statement issued from the accusation that the information in the account of dennes economic conditions after the guilt of guilt is correct and exhaustive.
If the bankruptcy is opened in direct continuation of a debt negotiation, jf coverage law Section 1-4 sixth clause, and it under this has been devised a statement in accordance with Section 21, this statement of the required additions and changes is used as a bankruptcy account.
The Board shall make the account known for the foraging havers by sending it to them, or making it electronically available if the foraging holder has accepted the use of electronic communications. The Board shall submit the account of the Office of the Concourse Register and the accusation.
| 0 | Modified by laws 17 July 1998 No. 56 (ikr. 1 jan 1999), 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 March 2008 ifg res. 15 Feb 2008 # 137), 19 June 2009 # 48 (ikr. 21 des 2009 ifg res. 18 des 2009 # 1603). |
If the estate has not been stopped one year after the uplift of the boards, the manager shall submit the courthouse account for the housing treatment as well as accounting for the estate. If the appointed creditor Committee is appointed, the accounting and accounted for in advance of the creditor of the creditor Board members, which upon drawing shall give expressions of the remarks they find to have to do. The rainfall is also supposed to be lecturing any auditor.
The redecision and accounting as mentioned in the preceding clause should always be given at the booster shift and, by the way, after the court's provision, nonetheless at least every year. The court may otherwise at any time demand that the manager and creditor's members provide full information about the book of the book.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
When the estate is to be end or the botreatment of other grounds cease, the manager shall pay end accounting and account. Section 121 first clause second and third period applies accordingly. The accounting of the Auditor's statement and the statement is passed the courthouse and the guilty plea.
Before the court approves the accounting, the manager shall submit the copy of the accounting and the account of all the foraging havers. The claimers shall be given a due date of at least two weeks to travel in terms of the accounting approval, that the estate ends or that the botreatment of other grounds should cease. If the foraging holder has accepted the use of electronic communications, the foraging holder in the notice can be made known with the deadline and whether the accounting and account of the settlement exists electronically available.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 March 2008 ifg res. 15 Feb 2008 # 137). |
The manager is going as early as possible to give information to the prosecution if it is believed to be resettlement conditions as mentioned in Section 120 first clause 5. And to the SEC if it is believed to be resettlement conditions as mentioned in Section 120 first clause 6. InberStatements in co-hold of Section 120 to 122 that discusses such conditions are also sent to the prosecution or the SEC.
So far, the rules of non-disclosure of third-person are not to be an obstacle to it, the duties manager on the petition to assist the prosecution and the SEC with providing information and documents belonging to the estate for use in the investigation of relationship as mentioned in Section 120 first clause 5 and 6. In the extent that this entails work that falls outside the residence of the residence of the residence, the manager has demands for special allowance of the requisitioned organ.
Other clause applies to the equivalent of any drilling visor.
| 0 | Added by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), modified by law 19 June 2009 # 48 (ikr. 21 des 2009 ifg res. 18 des 2009 # 1603). |
The guilt's accounting material can be shredded if the manager finds that it no longer has meaning for the booster. Prior to maculating, the manager shall notify the accusation, the prosecution and tax and tax authorities that the accounting material will be shredded if no one is claiming to take over the material within a reasonable deadline determined by the boards of boards. Notice should also be given to other foresters who may be thought to have an interest in taking over the accounting material.
| 0 | Added by law 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
The guilt can be protested suggestions for compulnishing words after the account mentioned in Section 120 are given and until the estate gets busy to the conclusion.
The proposal, which must be in accordance with the rules of Section 30, is presented in writing to the book manager or the Board of Directorate, which sends it to the courthouse with its statement on whether the proposal is recommended, if the view and the security that has for the proposal will be met from the guilt of the guilt, and whether the terms that the book manager or the board of directors have set to recommend the proposal. Section 22 first clauses and third period apply accordingly. If the book manager or the board of directors come to the vote of the bill should happen in the ballot meeting, jf. Section 40 other joints, shall petition this at the same time passed the courthouse.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The court decides by ruling whether the bill is to be taken during treatment and takes at the same time the position of any petition for the vote to happen in the ballot. Treatment should be denied if the court finds that it is a view that the bill can be enacted and staunpinned. A ruling that denies treatment can be estimated within three days. Going the ruling out on the bill to be treated, it is not the subject of appeal.
Once the proposal has been decided taken during treatment, the manager should submit it together with his or the board's statement and the list mentioned in Section 41 to all known foraging. The rules of Section 40 to 44 are given the equivalent of the Applicability, as the Bosmanager or the board of directors will take place instead of the debt subject. If the foraging holder has accepted the use of electronic communications, the forecasters in the notice can be made familiar with the deadline after Section 40 and about where the proposal, the manager and the board's statement and the transfer haverlist exists electronically available.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88), which changed by law 26 jan 2007 # 3. 27 jan 2006 # 4 (ikr. 1 March 2008 ifg res. 15 Feb 2008 # 137). |
When the vote has been made, the court decides by the verdict of the chord shall be starepinned. Is not the book's cash inventory sufficient to cover mass forecasters and forestage entitlements can be corroborated only if it faces reassuring security for the missing amount of charges being paid in the case of staresettlement. By the way, Section 38, 47-51, 54 and 55 Equivalent Applicability. The court's ruling can be anchored by the accusation and any foraging holder that will be bound by the chord.
If the chord is being stalatfied, the booster should simultaneously be faced. Once the ruling has been judicial, the announcement that the chord has been staunpinned and the botreatment set will be released in the way that has been decided in Section 78 third clause. Section 53 third joints apply accordingly, as the booster takes place instead of the debt subject.
When the ruling of starestovment has been rebated, the manager should pay the mass foreges and the forested resettlement, or-for as far as the forested changes are disputed-inserting into bank the necessary amounts to coverage of them, as Section 47 clause is given the corresponding Applicability.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
If the accusation dies before the estate is concerned with the conclusion, the heirs of the guilt can be put forward suggestions of foreclosure or continuing the negotiation of an already protested proposal if they :
| 1) | facing the court declares that they take full and unshared responsibility for the fulfillment of the chord that had to be brought to the ground ; |
| 2) | after the shift legislation for the incidentally, it would have had access to the guilt-changing of the guilt of the state. |
The rules of Section 18 and 39 will apply accordingly to the heirs, but the book manager can make exceptions from the meeting duty.
The rules in the first and other clause are applicable to the guilt of guilt, if he or she post-shift legislation has the right to sit in unshift and send message to the court that he or she will benefit her right, under the premise of chord is brought to the ground. Consumption as mentioned in the inheritance law Section 16 out-of-law, in which case the court reaches the judicial staunrivalence of the court.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
| 0 | The headline changed by law 3 sep 1999 number 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983). |
When all the accounts of which are believed to be preductible, and which are reported within the review of the review, have been tried, the solvent of these foredros shall be as soon as the estate has funds for full payment of them. Step-based forecasters of first class, jf. The coverage law Section 9-3, can still be paid without out of charge when it is clearly coverage for the foreges.
When the review deadline has expired and all accounts to be tried are tried, the court on the body of the book can decide that one or more preliminary soldering to the rest of the other fortresses should happen after each as the estate gets the necessary funds.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
As soon as the boards of goods are realized, its accounts receivable-driven, all disputes about how its funds should be distributed and revised accounting are approved, the court shall take the estate up to the conclusion. The claimants who have raised objections to the decision to take the estate up to the conclusion, jf. Section 122 other clauses shall be implied about the decision. After the estate has been taken up to the conclusion, the manager should immediately be able to make the end soldering.
How honest conditions make the current, the estate can be taken to the conclusion and end-sols are taken despite the fact that some questions about the book's belongings and obligations have yet to be resolved.
If the amount that would come to a foraging is unsustainable little in relation to the cost of expenses and work with the excitation and envoy, the court can decide that the redemption should be set out of consideration by the soldering, or that payout exemptions. The Ministry can provide regulations with further regulations on the practice of the provision of this provision.
The soldering ship is sent to all the foraging of approved reaccounts. These shall simultaneously be disclosed on the claret after Section 130.
If the book manager during the clutch deadline becomes aware of errors in the outsolder, necessary corrections can be taken, for as far as the necessity does not require any refund. Those who are asked unstanders as a result of the fix shall be underfixed ; the clable deadline runs for their person from the time of the time the subdirection was submitted.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 March 2008 ifg res. 15 Feb 2008 # 137). |
If so, after end-soling has been done, the funds that are due to the estate shall be distributed between the foraging of the foraging of post-solvers.
Part Article SECTION 130. Kmaking to the courthouse.The Board of Manager's exterior can be incurred to the courthouse of the foraging havers who have received approval of their accounts. The complaint deadline is a month of rain from the time the message of the outsolder was provided by the manager. The complaint must be in writing and foundation. Before the court hits the decision, the manager should be given the opportunity to comment on it. The court hits its decision by ruling.
Gives the court the complainant hero or partial co-hold, it is conducting as soon as possible new exterior. In the context of the connection, the manager can be requested to draft proposals for new exterior. The forpests who receive a smaller amount than indicated in the book of the book are to be subrecorrected about the new outsolder.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 March 2008 ifg res. 15 Feb 2008 # 137). |
The manager is outpaying dividends as soon as the clashing deadline has expired and any complaints are judicial-made.
If a soldering is being incurred or filed, the court can decide that payout should happen in the extent of the outsolder is not believed to be touched by the complaint or the appeal.
When payout has been implemented, the manager shall submit the payout list to the court together with documentation for and confirmation from drilling visor (or the one that instead will revise the estate, jf. Section 90 fourth clause) on the payment has been made in accordance with the list.
The court may allow it to be paid advance on dividend of the forestage entitlements even if the review deadline has not expired or the soldering has been made, so true this is undoubtful after the book's position.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
If there is protested incomes against a criminal complaint, the dividend to which at an outloop falls on the exodus is inserted into bank on separate account until the question of approval of the redemption is finally settled. The migration will be approved, the settlement earned interest in the account of the transfer holder.
The rules in the first clause apply to the equivalent of the receivable changes that are on a condition that has yet to be occurred.
At a preliminary, they are not taken to the accounts of the accounts of which have yet to be tried. At the first outset after the forecations have been tried-in the extent that sufficient funds-engagement engagement is awarded such a vast dividend as it to together is soldering earlier.
Accounts receivable as a reported after the estate is busy to the conclusion, does not participate in the outsolder.
When a foraging haver's whereabouts are unknown, the amount of which the foregoing holder shall be placed in bank on separate account being disposed of the court. Achiearned interest in the account falls to the transfer holder. Charges that are not paid within 10 years after the book treatment is finally concluded, the treasury of the treasury.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
If the manager finds that the boos funds, co-calculated funds will be given in co-legate of the medical mortgage after the mortgage law Section 6-4, are insufficient to cover the cost of its continued treatment, the manager should consider contacting foreclosures or affected public authorities with aim to get them to silence security for the expense of a continued housing treatment. If the book manager is unable to find reason to take such contact, or no security is asked, the manager shall bear the attitude of the court on whether the booster should be prosecuted. The setting can be taken into the book manager's end-line decision, jf. SECTION 122.
Is the guilt's accounting material not been secured or the guilt business did not undergo, it should in the setting of particular accounted for why this has not been happened. It should also be accounted for if it is believed to be foregoing criminal conditions in connection with the guilt of guilt, and in what extent there has been conducted investigations in so doing so.
On the basis of the booster setting, the court may decide that the booster should be inset or that it is to be called to shift collection to the dream of the question of the setting of the booster. Unless, according to the additive given in this shift collection, the safety of the charges shall be placed, unless the court gives a brief delay. Prior to the court, the revised accounting process must be approved.
The adjustment of the botreatment is happening at the verdict. The ruling is co-shared the foraging hareans who have raised inaction against the book of boosts, jf. Section 122 other joints.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 23 apr 2004 # 18 (ikr. 1 July 2005 ifg. res. 17 des 2004 # 1665). |
The Botreatment shall be raised by the verdict when it after the review of the review :
| 1) | has been written consent to the estate of the estate of the estate of all forecasters who have filed charges of resettlement in the estate, excluding the foraging if receivable are secured or secured with reassuring self-guilt bail, literet or other equivalent safety right, or |
| 2) | is presented evidence that all accounts mentioned in the No. 1 is covered. |
If the book's cash inventory is insufficient to cover the mass forecations, ruling shall be denied only if it is asked reassuring security for the missing amount to be paid in the case of backdelivery. When the ruling for backdelivery has been retweeted, the manager should pay the mass foreges or-for as far as the forested changes are disputed-inserting into bank the necessary amounts to cover them, as Section 46 other joints get corresponding Applicability.
Announcement that the housing treatment is set to be released in the Bay of the Bay of the Bay of Bridsunsundres electronic announcement.
| 0 | Modified by laws 27 jan 2006 # 4 (ikr. 1 Feb 2006 ifg. res 27 jan 2006 # 74), 14 June 2013 # 41 (ikr. 1 July 2013 ifg. res. 14 June 2013 # 638). |
The treatment is deemed to finally end when ruling on setting in accordance with Section 125, 135 or 136, or end-out according to Section 128 has been rescraper.
When the bankruptcy is finally concluded, the court shall ensure that this is noted in the Office of the Office of the Office of the ConcursRegistry. Is the bankruptcy final ended at end-end lol after Section 128, it is nonetheless the manager to provide such a demerance. Unless the court decides to do it himself, the driver of the ConcursRegistry shall ensure that messages given in accordance with Section 79 others clause 3 and fourth joints are deleted. Further, the driver of the ConcursRegistry shall provide message in accordance with the mervalue tax law Section 14-2 first clause second period.
The driver of the bankruptcy register ensures that terminated botreatment is reported to those registries mentioned in Section 79 other clause 1, 2, 4 and 5. It shall be disclosed on what basis the botreatment is set. Is the accusation a foundation or a breakdown of limited liability, and the booster is finally concluded in accordance with Section 128 and 135, the driver of the ConcursRegistry shall simultaneously address the deletion of the Association of the Unit Registry and The assessment registry.
| 0 | Modified by laws 21 June 1985 # 78, 19 March 1993 No. 1 34, 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 23 apr 2004 # 18 (ikr. 1 jan 2005 for first clause ifg. res. 17 des 2004 # 1665, ikr. 31 des 2006 for other clause ifg. res. 15 des 2006 # 1426), 18 Feb 2005 # 10 (ikr. 1 jan 2007 ifg res. 18 Feb 2005 # 148) that changed by law 30 June 2006 # 52, 27 jan 2006 # 4 (ikr. 1 March 2008 ifg res. 15 Feb 2008 # 137) that changed by law 30 June 2006 # 52, 19 June 2009 # 58 (ikr. 1 jan 2010 ifg. res. 6 Nov 2009 # 1347). |
The court can by ruling decide that an ending book should continue when it turns out that claims or belongings that should have gone into the estate are kept outside of the botreatment without it being able to be rebounding the Boets. Whether not otherwise determined by the court, the continuation of the book has no other effects for the accusation than those necessary for the estate to be able to make current their rights. The court decides whether and in the event of which extent the continuation of the botreatment should be announced.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Concourse can be opened by the rules of this law in the death of death where the deceased debt is not taken over by the surviving spouse or of the heirs.
Concourse shall still not be opened when the spouse or heirs recite that they intend to convey the chord proposals, and the court finds that there is good view that the bill can be enacted and staunpinned.
If the prokama is completed before bankruptcy is opened, an enlightenment of this is taken into the announcement of the bankruptcy opening and three instead of the solicitation mentioned in Section 78 first clause 4. It is not necessary to pass the announcement to the foraging havers.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
| 0 | The headline added by law 7 June 1985 # 52. |
A kin whose living is taken during bankruptcy treatment can be set in the bankruptcy scarcity of the courthouse if
| 1) | the person with probable cause suspected of a criminal act in connection with the bankruptcy or the business that has led to the insolvent, or |
| 2) | it must be assumed that the person due to reckless business is unfit to raise a new company or to be a board member or general manager (CEO) of such a company. |
By the decision, it shall be placed emphasis on whether it under consideration of the guilt of the guilt and conditions of the otherwise seems fair to put him under quarantine.
The course of the course implies that the guilty plea for a period of two-year rains from the bankruptcy gap cannot be made company as mentioned in the fifth clause or undertake or real exercise new positions as a member or commodity member of the board or as a general manager (CEO) of such company. The court can decide that two-year deadline should be counted from the time when the court hits its decision.
In the event that mentioned in the first paragraph 1, the court can decide that the bankruptcy quarantine should also involve the accusation of the mentioned period of time to be removed from the positions mentioned in the third clause of companies as mentioned in the fifth clause.
With company in third and fourth joints, the company's stock company, Public Stock Company, the business department of foreign company, nutritional foundation, housing construction teams, joint insurance companies, and state enterprises, mutual insurance companies and state enterprises.
The rules of the bankruptcy arrants apply to the equivalent of it as during the last year before bankruptcy is opened in the company's bo
| 1) | has been fully responsible participating in a responsible company or comment company, or |
| 2) | formally has been holding or real has outpracticed the board of directors as a member or commodity member of the Board or as the general manager (CEO) of a company as mentioned in the fifth clause. |
| 0 | Modified by laws 21 June 1985 # 83, 30 March 1990 # 8, 30 aug 1991 # 71, 5 June 1992 # 51, 4 Nov 1994 No. 1 59, 22 Nov 1996 # 67 (ikr. 1 des 1996), 13 June 1997 No. 1 44 (ikr. 1 jan 1999), 18 June 1999 # 42 (ikr. 22 June 1999), 21 June 2002 # 43 (ikr. 1 July 2002 ifg res. 21 June 2002 # 569), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 29 June 2007 # 81 (ikr. 1 jan 2008 ifg res. 23 Nov 2007 # 1287). |
Decision about the bankruptcy scarcity is meeting by the ruling of the courthouse that treats the bankruptcy or who has treated it.
The Boet and the prosecution have the right to act as a party. Following the petition from the prosecution, the court can decide that the effects of the ruling should be extended to court-imposed verdict in criminal charges where the prosecution has shut down or is considering to downturn the claim of rights losses after The penal code Section 56.
The ruling has effect from it has been said. Anke can be given the uptake effect of the right that has received its verdict on the appeal, or by the appellate court.
The ruling can completely or partially be transformed after the petition of a party if there is new information.
The effect of the ruling falls away if the estate after bankruptcy is opened becomes reserving to the guilty plea in the co-host of Section 136, or if the guilt achiever achiever foreclosure.
| 0 | Modified by laws 30 March 1990 # 8, 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. 19 June 2015 # 65 (ikr. 1 oct 2015). |
The act of which intentional or negligent acts in violation of the Section 143, punishable by fines or with prison until 3 months.
| 0 | Modified by laws 30 March 1990 # 8, 19 March 1993 # 34 (ikr. 1 June 1993, formerly Section 144), 19 June 2015 # 65 (ikr. 1 oct 2015). |
| 0 | Added by law 19 March 1993 # 34. |
Any bankruptcy and living as by other legislation should be forced to be forced by bankruptcy laws, shall be registered in a central register (the ConcursRegistry) on its own organization number. Also stifters, general manager and people who have or have had the positions of an enterprise, a convergence or foundation that is bankrupt or under compulsitation can be registered. The same applies to owners of such an enterprise or such a convergence that has an ownership share of 20 percent or more, or that has had such an ownership share later than five years prior to the opening of the booster. It can also be recorded information from the book manager's insights, with the exception of enlightenment on suspicion of criminal conditions. The Ministry provides further determination on the registry's content.
People who are illassied the bankruptcy arrants are also to be registered in the bankruptcy register.
Information recorded in the Solutions Registry, the Consumer Registry, the Unit Registry and Accounting Registry, can be co-shared to the Office of the Office of the Office of the Office of the Office of the Office of the Office of the Office of the Office.
The Ministry decides which information is to be co-taken in print from the registry, as well as determining fees for this.
| 0 | Modified by laws 19 March 1993 # 34, 11 June 1993 # 83, 13 June 1997 No. 44 (ikr. 1 jan 1999), 27 jan 2006 # 4 (ikr. 1 March 2008 ifg res. 15 Feb 2008 # 137). |
It hears under the courthouse to decide :
| 1) | matter of opening and setting of debt negotiation and other questions about debt mediation as the law has added it ; |
| 2) | all questions concerning opening and review of the chord negotiation and bankruptcy. |
It hears under the courthouse that has treated motion for the No. 1 1 or 2 to decide :
| 3) | dispute about whether or not reported mass or bankruptcy transfer shall be approved, and about its size and priority ; |
| 4) | dispute over whether or not an oversight concerns a debt negotiation, provided that the debt council has consented to the court's decision to settle the dispute. |
Moreover, the courthouse can determine the matter of reddit that did not post an unforced vernetic rule of law hearing under a different court.
The Board or Board of Directorate, if appointed creditor Committee, can with the Court's consent agreement that a dispute mentioned in the first clause of the No. 3 shall be decided at lawsuits for a second court that is competent after the conventional verneding rules, or by arbitration. In that case, the provisions of Section 154 apply accordingly. By the way, other verneying cannot be agreements in those cases as mentioned in the first clause.
Other claims against a bankruptcy can be brought in for the courthouse following the rules of this law when they do not reach unforced vernetic rule of law hearing under any other court or must be resolved after other process rules.
The guilt could bring its claim after Section 76 in for the courthouse after this law, or by ordinary lawsuits following the dispute of the dispute.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 14 des 2001 # 98 (ikr. 1 jan 2002 ifg. res. 14 des 2001 # 1416), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3, 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). Endres by law 17 June 2016 # 55 (ikr. from the time the King decides). |
Is the accusation's business registered in the Foresight Registry, hearing the treatment under the courthouse in the court of the court in the court of the court where the accusation has its main business location. In other cases, the treatment is hearing under the courthouse in the court of the court where the accusation has its common sense of verneying. Concourse over the death of the estate is still always under the courthouse that treats the estate of the estate.
Following the request of the requisition, the debt Board, the board of directors or of its own measures it can be competent by the rules in the first clause to allow the treatment to be transferred to a different courthouse consent in the transfer. If consent is not granted, the Supreme Court's boyfriend can target selection, when the very honest reasons do it desirable, decide that transmission is going to take place.
| 0 | Modified by laws 21 June 1985 # 78, 30 March 1990 # 8, 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. Endres on Law 17 June 2016 # 55 (ikr. from the time the King decides). |
If a motion for debt remediation or bankruptcy is denied due to unset errors, but profiled on new within three weeks after the ruling is being recited to the person, the tangible courts of the court are counted from the first petition.
| 0 | Modified by law 22 apr 2016 # 3 (ikr. 22 apr 2016 ifg res. 22 apr 2016 # 407). |
The guilt or the one that stands in such conditions to him as mentioned in law on the courts Section 106 number 2-6, may not be a judge in case of this law ; the Law of the Court of Justice Section 109 applies to the equivalent.
Judge also may not be when there are other distinctive circumstances that are suitable for weakening the trust of the judge's unhilance. In particular, this applies when the accusation or a foraging holder requires the judge to yield the seat.
By the treatment of litigation, the judge is inskilled in the same extent as in civil affairs.
For court testimony, protocol driver and subpoena witness applies to the rules of law on the courts Section 110, nonetheless so that they do not become inhabile in greater extent than by the rules that apply to judges after the first to third clause of this paragraph. The rules in the first period apply to the equivalent of the performing seal and registration business for the courthouse.
Law of the courts Section 111-121 applies accordingly.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The provisions of the tweet law first, fourth, fifth and sixth part, Chapter 8 and Section 9-6, 9-11 and 9-16 get corresponding ancability as far as they fit and nothing else is decided. With regard to the vivner and the plaintiff's meeting duty, the same rules apply as under the main negotiation of civil disputes.
For the adhall to perform as the process deputy under debt negotiation and bankruptcy concerns the dispute Act Section 3-3 first to fourth clause. Moreover, an inkassobeferingholder can at an inkasser that operates inkassbusiness in co-cautions after the Inkassologrant, be the process deputy after the same rules as advocators for a foraging in inkassomission as the inkasser has for the foraging. By filed for bankruptcy, by the treatment of disputes by the public process after the dispute law and on appeal, the tweet applies Section 3-3 first to third clause.
The court can at bankruptcy treatment in the case of the case of the case of the case of evidence after the tweet Act 27 to the clarification of the book's rights or obligations. The court decides who should be notified of such evidence footage.
Before a dispute is decided, the court should barely allow the parties to comment, oral or in writing.
The cynicism of a foraging can under bankruptcy can happen to the person who has reported the exodus or act as the foraging of the foraging of the resettlement.
The shift collections are court meetings.
| 0 | Modified by laws 4 July 1991 No. 1 44, 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
Besides in the cases that the court law and the dispute laws determine, the court's decisions are verdicts when this law calls them so or they decide a court's decision not to be settled upon judgment.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
When nothing else is determined by law, the court decides whether a decision that it has taken shall be added due to the further debt negotiation or bankruptcy treatment before it has been rescraminated.
| 0 | Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
The deadline for appeal is a month, if nothing else follows by Section 4 third clause, 54 different joints and 124 first joints.
The Temptation of appeal over a decision not to be proclaimed or co-shared the person is counted from the day the decision was made. Should the decision be co-shared the person, the deadline from the day the announcement has been submitted. For the soldering, the deadline always counts from the soldering day. For appeal over verdicts as mentioned in Section 52 different joints and 125 first clauses are counted the deadline from the cancellation.
After the confirmation of compulsions or end-soling has been judicial, refresher against littering during the booing treatment is not given and reopening is not required.
| 0 | Modified by laws 30 March 1990 # 8, 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 28 apr 2000 # 34 (ikr. 1 July 2000 ifg. res. 28 apr 2000 # 366), 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
A dispute hearing under the courthouse after this law can be resolved by the general public process, if this treatment form is deemed most appropriate due to the court's species or the information required, and the court gives consent.
Under the same terms, the court can refer the dispute to such treatment.
Before the court gives consent or resolve the referral, it shall give the parties the opportunity to comment on it.
Should a dispute be processed at the general public process, the court determines who is going to travel the lawsuit, and within which deadline it needs to be placed.
The Megling in the settlement council did not occur. Otherwise, the rules of the public process will apply if nothing else follows the provisions of this law.
The court can of its own measures cease to promote the treatment of the estate without regard to the dispute, if lawsuits do not be filed by the deadline set, or if the decision of the lawsuit becomes unstated delayed by the party that has raised it.
The court's decisions by this paragraph cannot be attacked at appeal.
| 0 | Modified by laws 14 des 2001 # 98 (ikr. 1 jan 2002 ifg. res. 14 des 2001 # 1416), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The TvistelAct Section 16-16 first clause letter c applies to the equivalent of the guilty party in an arbitration case in Norway that has begun prior to the bankruptcy opening. Regarding the case of claims against the accusation, the estate can be drawn in as party if the claim is made current against the estate. By the way, the guilt deals of arbitration are not binding in cases as mentioned in Section 145's first clause with less other following of the agreement with foreign state.
| 0 | Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The court can decide that the bidding subdirection should happen differently than decided, that the subdirection should only happen to the foraging if the tigodevs are prioritized or exceed a certain amount or that the subdirection should be left unsettled, if The expenses by taking advantage of the budding approach will stand in prominent miscircumstances of the foreding size or the coverage they can be expected to get. Decision after this paragraph shall barely be co-shared all as the touch of the decision, unless it seems clear undoubtful to exempting such message.
Communication that by the law shall be made in writing, can be conveyed electronically if the transmitter and receiver have added appropriate for it and the recipient has accepted it. The same applies when the law here determines that information should be submitted, reported, or co-shared, or that it should be given notice or subdirection. For communication with the court, the judiciary Act applies 197 a.
Documents and information concerning a bankruptcy can also be made electronically available on separate bsider being driven by the Brondneusundres. The driver of the ConcursRegistry shall ensure that all information contained about the estate in the Office of the Office of the Office of the Office of the Office of the Office of the Office of the Office of the Office of the Only the book manager and the driver of the ConcursRegistry can post information on the bsiden. The information on the bosiden shall not be made available to others than those who according to law or with home law in law have the right to receive it.
The king can in regulation give closer rules on electronic communications by the law here and about the electronic settlements, herders about underdrawing, authentication, integrity and confidentiality and rules that are demanding products, services and standards that are necessary for such communication.
The king can in regulation give rules about limited access to information electronically available, about the deletion of information from the settlements and about duties of the Bosking and the driver of the ConcursRegistry. The king can in regulation also give rules on the exemption of the context of the context of the session, jf. law 14. April 2000 # 31 about the treatment of personal information Section 33.
The king can provide regulation with closer regulations on the completion of the announcement, herunder what information to be announced when the announcement should have an abbreviated form and about the deletion of electronic stored announcement information.
| 0 | Modified by laws 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938), 27 jan 2006 # 4 (ikr. 1 feb 2006 for sixth clause ifg. res 27 jan 2006 # 74, ikr. 1 March 2008 for the first to fifth clause ifg. res. 15 Feb 2008 # 137). |
The driver of the Office of the Concurate Register shall offer subscription arrangements for information that by the law here shall be announced in the Bay of the Bay of the Bay of the Bay of Brussels. The king can in regulation give closer rules about the arrangement, therunder about what types of subscription to be offered, technical requirements for being subscriber and about funding. The king can also in regulation also give rules that the foraging and public authorities should be able to subscribe for information from electronic bsider at the Brandneusundregists.
| 0 | Added by law 27 jan 2006 # 4 (ikr. 1 Feb 2006 for the first and second period ifg. res 27 jan 2006 # 74, ikr. 1 March 2008 for the third period ifg. res. 15 Feb 2008 # 137). |
When a debt negotiation is to be inset or terminate, the debt Board shall be presented proposals for the Court of Allowance for the debt-subject members. When a bankruptcy treatment is to be terminated, the BosManager or the Board of Directorate shall be appointed, if appointed creditor Committee, presented proposals for the Court of Allowance for the housing manager and the creditor of the Board of Directorate. In connection with the proposal, enlightenment should be given about those commissioners, inkassomalaries and possible other revenue that they mentioned the persons have had in connection with the bode treatment.
The proposal shall be lecges for the accusation of the statement. In bankruptcy, the proposal is to be filed by the forage of the statement in connection with that the end accounting for the estate is sent out, jf. SECTION 122. The proposal should also be lecturing by the forage of debt negotiation after Section 57.
The court then determines the allowance by ruling. The Guest Board's leader or the manager shall immediately inform the accusation of the allowance that is being determined.
If a member of the debt-Board, the manager or member of the creditor Committee has made guilty of neglect in the execution of his duties, it shall at determining the consideration of their allowance for consideration of this by it only reduced allowance or by allowance completely denied. Before it is taken such decision, the person shall be allowed to comment on it.
The settlement of allowance can in bankruptcy will only be provided with the consent of the court.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
When the auditor has ended his work, the auditor is going to put forward suggestions for the courthouse of the allowance that is due to the person. The proposal shall be subject to the debt subject, the BosManager, or the Board of the Board of Directorate, if it has been established the creditor Committee, to the statement. Section 157 other to the fifth clause applies to the equivalent.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Allowance to the plainful helpers and supervision shall be determined by appointment. Reachable not unity, the court determines the settlement of the ruling.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938). |
Members of the debt Board, the manager, members of the creditor Committee, Auditor, aides and supervision as well as their officials or helpers shall in the extent that it is unily with the botreatment preserve silence about what they during the execution of their positions has been given knowledge of the guilt of guilt. They also maintain silence about what they have gained knowledge of about other people's personal relationships, in the extent that the accusation would have been sworn to secrecy about this in the co-laws of law.
The violation of the privilege is punishable as determined in the Criminal Code Section 209.
| 0 | Modified by laws 3 sep 1999 # 72 (ikr. 1 jan 2000 ifg. res. 3 sep 1999 # 983), 19 June 2015 # 65 (ikr. 1 oct 2015). |
| 0 | Fourth part is added by law 17 June 2016 # 55 with new Section 161 to 175 (ikr. from the time the King decides). |
By agreement with foreign state, it can be passed that :
| 1) | The debt negotiation or chord negotiation that has been opened in one of the states shall be able to prevent opening of debt negotiation, chord negotiation or bankruptcy and resettlement the adhall of forced consummation in the other state, and that enacted debt arrangement and judicial starefied chord, hernicity of the chord under bankruptcy, shall have binding effect also in the other state ; |
| 2) | The bankruptcy that has been opened in one of the states shall be able to prevent the opening of debt negotiation, chord negotiation or bankruptcy in the other state, that the bankruptcy shall have direct effect for the guilt of guilt in the other state, and that judicial end locality or Afterlaw shall have binding effect also in the other state. |
It can in the agreement be determined closer to the provisions of which of the state courts shall apply to those questions that arise during the settlement, and in this connection, the adaptations of this law are necessary.
| 0 | Endres by law 17 June 2016 # 55 to Section 176 (ikr. from the time the King decides). |
The king can provide regulations for the completion and padding of the provisions of this law and in agreement after Section 161.
| 0 | Endres by law 17 June 2016 # 55 to Section 177 (ikr. from the time the King decides). |
