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Bankruptcy Ordinance (1987:916)

Original Language Title: Konkursförordning (1987:916)

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General provisions



section 1 of this Regulation applies to the processing of bankruptcy under the

Bankruptcy Act (1987:672).



section 2 of the Act in respect of the formation of diary and in cases when

the district courts under the Bankruptcy Act (1987:672) and the law

(1996:764) on the corporate restructuring provision in

Regulation (1979:802) about the diary and acts in bankruptcy matters

and cases of corporate restructuring. Regulation (1998:1360).



section 3 of the Regulation (1979:972) if the supervisory fee in bankruptcy

There are provisions for compensation to the State for the supervision of

Administration. Regulation (1998:1360).



4 repealed by Regulation (2006:766).



Bankruptcy etc.



paragraph 5 of such an order as described in Chapter 2. Article 1, third paragraph

or section 5 of the Bankruptcy Act (1987:672), the right to recall that the application

can be rejected, if the deficiency is not remedied.



6 § When a District Court under Chapter 2. section 2 of the Bankruptcy Act (1987:672) broadcasting

the documents in the case to another district court, shall specify the

Today the application came in to the former District Court.



paragraph 7 of such a notice as described in Chapter 2. section 16, third subparagraph

Bankruptcy Act (1987:672) the District Court shall ask the debtor to

the right report



1. the mailing address for the summonses and notifications can be sent

to him, unless the address is correctly specified in the bankruptcy petition,



2. any creditor who has a claim on salary or pension and such

creditor's address.



Security measures



section 8 of the decision whereby someone has been ordered to surrender his passport,

the Court pointed out that the who does not comply with the order may be arrested.



Bankruptcy, etc.



§ 9 About right based its jurisdiction on any other circumstance than

that the debtor has, or at the time of his death was domiciled in this country, shall

the bankruptcy decision.



If several bankruptcy petitions against the same debtor has pending

at the same time, and if another application is approved, than the one that came in first, shall

the bankrupt decision noted the day as the first application came

submitted to the District Court.



Notice of the bankruptcy decision



section 10 of the Royal Decree referred to in Chapter 2. 24 section BA

(1987:672) shall include information on



1. the date of the bankruptcy order and,



2. time and location of the edgångssammanträdet,



3. to creditors by the proclamation called for

edgångssammanträdet,



4. the debtor's name and mailing address and, if applicable

and if the task is apparent from the documents, the debtor's person-

or registration number and company name or other

nutritional characteristics that he runs or in the last year

have driven the trade in,



5. the District Court where the bankruptcy are dealt with,



6. the trustee's name and mailing address, if that person has been appointed, and



7. that, where appropriate, the advertisement of the announcements in

the bankruptcy will continue to be carried out in a limited number of

newspapers.



Prior bankruptcy decision issued notice to the debtor's

unknown creditors and have the time to lodge a claim even

not expired, the Court shall in the notice to remind you that the effect

of the summons has not expired by the bankruptcy.



The proclamation shall be made available at the registry of the Court on

all Office locations. Regulation (2001:76).



section 11 of the terms of the obligation of the District Court in certain cases to announce

the bankruptcy decision abroad are there as far as Denmark, Finland and

Norway rules in section 2 of the Act (1981:6) if bankruptcy involving property

in another Nordic country and as regards Iceland regulations in section 2 of the Act

(1934:67) with the rules bankruptcy, which includes property in Denmark,

Finland, Iceland or Norway.



Notification of bankruptcy, etc.



12 §/expires U: 2016-03-01/

The right shall immediately send a copy of the notice of

the bankruptcy decision to



1. the Manager and supervisor,



2. Enforcement Authority, the Revenue Commissioners and the public prosecutor's Office,



3. Land Registry Department for corporate mortgage,



4. ships, if the debtor is a registered

legal entity or an individual entrepreneur who is entered in the

trade register,



5. the licensing authority, if it is informed that the debtor has

permitted to exercise or lead a particular trade or business

and the State according to law and may be

to cease because of the bankruptcy,



6. Auditor's Board, if the debtor is authorized or

approved auditor,



7. the chief guardian, if there are enlightened to the debtor's

guardian, trustee or liquidator appointed

According to Chapter 11. 7 § parental code,



8. land registry authority, if it is lit it in the nest

see real property or leasehold,



9. ships, if it is lit it in the nest is

registered ship or ship building, interest in such property

or conditional title to the property or to share

in that,



10. the enrolment and registermyndigheterna, if it is illuminated

that the estate is registered aircraft or share in

or encumbered such aircraft spare parts,



11. The Swedish Bar Association, if the debtor's attorney or

Associate at law firm,



12. Sveriges riksbank and finansinspektionen, if the debtor is

a credit institution,



13. Real estate inspection, if the debtor is

real estate agent,



14. the central securities depository, according to the law (1998:1479) on

accounting of financial instruments, if it is illuminated to

it in the nest are financial instruments that are registered

of securities depository,



15. The financial supervisory authority, if it is lit that the debtor is

the co-owner of a reported settlement system under the Act

(1999:1309) about the system for settlement of obligations on

financial markets,



16. Swedish Swedish power grid if it is lit it in

the nest are certificates registered in

elcertifikatsregistret under the law (2011:1200) if

certificates,



17. The Swedish Energy Agency, if it is lit it in the nest

There are allowances that are registered in the

emission allowance registry under the Act (2004:1199) on trade in

allowances, and



18. the CSN, if the debtor is a natural person

person.



First subparagraph 9 shall also apply when the property is registered

abroad.



The right shall also immediately inform the enforcement authority whether

the Agency has implemented the attachment order under Chapter 2.

section 11 of the Bankruptcy Act (1987:672) unless notice of the bankruptcy

pursuant to the first subparagraph 2. Regulation (2012:20).



12 §/entry into force: 03/01/2016

The right shall immediately send a copy of the notice of bankruptcy decision to



1. the Manager and supervisor, 2. Enforcement authority, the Revenue Commissioners and the public prosecutor's Office, 3. Land Registry Department of the enterprise mortgage, 4. ships, if the debtor is a registered legal entity or an individual entrepreneur who is entered in the commercial register, 5. the licensing authority, if it is informed that the debtor is permitted to exercise or give a specific trade or business and the State under the law can come to an end because of the bankruptcy, 6. Audit Committee, if the debtor is authorized or approved auditor, 7. the chief guardian, if it is lit to the debtor's legal guardian, trustee or trustee designated under Chapter 11. 7 § parental code, 8. Land Registry Department, if it is lit it in the estate are immovable property or leasehold, 9. ships, if it is lit it in the nest is registered ship or ship building, interest in such property or conditional title to the property or to share in that, 10. the register-and registermyndigheterna, if it is lit it in the nest are registered aircraft or share in or encumbered parts for such aircraft, 11. Swedish Bar Association, if the debtor's attorney or Assistant Attorney at the law firm, 12. Sveriges riksbank and finansinspektionen, if the debtor is a credit institution, 13. Real estate inspection, if the debtor's real estate agent, 14. the Swedish central securities depository, if it is lit it in the nest are financial instruments that are registered with the central securities depository, 15. The Swedish financial supervisory authority, if it is lit that the debtor is a participant in a reported settlement system under the Act (1999:1309) about the system for settlement of obligations in the financial market, 16. Swedish Swedish power grid if it is lit it in the nest are certificates registered in elcertifikatsregistret according to the law (2011:1200) If certificates, 17. The Swedish Energy Agency, if it is lit it in the nest are emission rights registered in the emission allowance registry under the Act (2004:1199) on emissions trading, and 18. CSN, if the debtor is a natural person.



First subparagraph 9 shall also apply when the property is registered abroad.



The right shall also immediately inform the enforcement authority whether the authority has implemented the attachment order under Chapter 2.

section 11 of the Bankruptcy Act (1987:672) unless notice of the bankruptcy pursuant to the first subparagraph 2.

Regulation (2016:71).



13 § in connection with notification under section 12 of the first subparagraph shall

be provided if the Administrator's name and address, unless this appears from the

notice of the bankruptcy decision. To a notification under paragraph 12 of the first

paragraph 8, 9 or 10 shall be accompanied by such information as is relevant

in order for the receiver to identify the property. Intelligence


under 12 section 3 shall also indicate:

the debtor's personal or corporate, unless the task is apparent from

of the notice of the bankruptcy decision.



The Court shall according to section 2 of the Act (1981:6) if bankruptcy involving property in the

other Nordic country to announce a decision on bankruptcy in another Nordic

country and is entering bankruptcy proceedings prescribed in the other country,

the Court shall request that bankruptcy is entered in the land book or

Court records (district search) or in other public register in the

other country.



section 14 that the proceeding must be entered in the list

of bankruptcies kept by the land registry Department of

business mortgage is evidenced by Regulation (2003:552) if

chattel.



When the registration authority has been notified in accordance with paragraph 12 of the first

paragraph 8, it shall make a note about the bankruptcy of

Real Estate Register register part. Have an authority

notified in accordance with paragraph 10, 12 should note if

the bankruptcy made in the enrolment register. The note should be made

on the first day after the registration notification

come in to the Agency.



To note about bankruptcy in some cases should be done also in

ship register part of the register tonnage and vessel

the shipbuilding part evidenced by the maritime law (1994:1009).

Regulation (2008:999).



section 15 of the Law shall immediately send a copy of a decision under

Bankruptcy Act (1987:672) on the obligation of the debtor or

someone else to give up his passport, or if the bans

issue passports to police authorities, enforcement authority, and

the supervisory authority. The authorities shall also be informed so

soon such an order are cancelled or passport be returned according to 6

Cape. section 8 of the Bankruptcy Act. Regulation (2014:1137).



Appeal



16 § Appealed the District Court's bankruptcy, the Court shall as soon as

notify the administrator and supervisor of the appeal.



If a higher court reverses a decision on bankruptcy, the District Court

immediately be informed. The District Court shall announce the decision of the higher

and inform all who have received notification of the bankruptcy pursuant to paragraph 12 of

the first paragraph.



Transfer of a bankruptcy



17 § Decides right under Chapter 2. section 26 of the Bankruptcy Act (1987:672) to a

bankruptcy shall be dealt with by another district court, shall notify

the transfer shall be sent to the



1. those who, in accordance with paragraph 12 of the bankruptcy,



2. the debtor,



3. each known creditor and



4. those who according to paragraph 21 of edgångssammanträdet.



Peru – used



section 18 of the debtor Is a legal person with several deputies, shall

the Manager, when he gives the probate or such a list

or notification referred to in Chapter 7. paragraph 13 of the Bankruptcy Act (1987:672), while

specify which deputies who, in his opinion, does not need to take

Ed.



The administrator has specified that a Deputy do not need to take

Peru – used, the Court shall inform the representative about this.



section 19 Of bouppteckningseden shall be taken by the debtor after

edgångssammanträdet, the Court shall inform the supervisory authority and the

the Manager of the time and place of swearing the oath.



section 20 shall, in accordance with Chapter 6. paragraph 5 of the second paragraph, the Bankruptcy Act (1987:672)

Peru – used be taken or specific task in the table beedigas

by someone other than the debtor and met not edgångsskyldigheten

immediately, the Court shall inform the supervisory authority, the liquidator and, if

edgångsyrkandet has been made by a creditor, if time and

location of swearing the oath.



Calls to edgångssammanträdet



section 21 of law must inform the debtor's spouse, if the debtor is

married, and every known severally responsible debtor if

edgångssammanträdet.



section 22 of the notice to the debtor under Chapter 2. 24 paragraph 3

Bankruptcy Act (1987:672) shall include



1. a reminder that he is obliged to take at edgångssammanträdet

Peru – used,



2. Recalling that he referred to in Chapter 6. section 6 of the Bankruptcy Act is not without

the consent of the Court may go abroad before he took the oath,



3. the trustee's name and mailing address, if the task has not been taken into

notice of the bankruptcy order and



4. the other information has been included in the notice of

the bankruptcy decision.



In the case of service of notice to what is prescribed if

service of summons in civil proceedings. If edgångsskyldigheten is not met

at edgångssammanträdet, the debtor's summons to swearing the oath must be served

in the same way.



section 23 of the Notice referred to in Chapter 2. 24 paragraph 3 BA

(1987:672) to the administrator, supervisor and the creditor

has filed for bankruptcy shall be sent as soon as possible.



The notice referred to in the first subparagraph and the notification to the debtor's spouse

According to paragraph 21 of this Regulation shall contain the information set out in 22

paragraph 3 and 4.



section 24 Has the nominee accepted a previously filed probate, a

specimens of the table annexed to the summons to the supervisory authority.



Conciliator



section 25 of an arbitrator appointed pursuant to Chapter 7. section 7 of the bankruptcy law

(1987:672) shall immediately notify the Court of a dispute covered by

his mission has förlikts.



Monitoring and exceptional procedure



section 26 On monitoring to take place, the Court shall immediately notify the

the debtor, the trustee, supervisor and every known

creditor, as well as those referred to in section 21 shall be informed of

edgångssammanträdet. The notification shall include data

If



1. content of the Proclamation issued pursuant to Chapter 9. paragraph 3 of the

Bankruptcy Act (1987:672),



2. the District Court's mailing address at the Office of the place where the matter

are processed and



3. what right under Chapter 9. section 8, first paragraph, the bankruptcy law has

particularly in the case of



a. exceptional time,



b. place where surveillance documents shall be kept available

for review and



c. the timing of the conciliation meeting to be held

before the Court, if the notes are produced.



If the Court makes a decision on the issues referred to in the first subparagraph

3 at a later date than when the decision

monitoring procedure, special notice if it

first the decision is sent as soon as possible thereafter.



In the notification referred to in the first subparagraph shall be borne in mind that

creditors in cases other than those referred to in chapter 14. paragraph 6 of the third

subparagraph, the bankruptcy law only upon request, be given the opportunity to perform according to

paragraph 8 of the same comment on the Administrator's

fee petition and, if the Court holds a hearing in

the fee issue, called to the hearing. Regulation (2001:76).



section 27 If a note under Chapter 9. section 9 of the Bankruptcy Act (1987:672)

the validity of the claim, the Court shall inform the creditor about

the remark.



Invoked a new evidence to support a complaint at any other

opportunity than at the conciliation meeting or a hearing, shall

the creditor also shall be notified.



The notification shall be accompanied by a copy of the default or

the change script. The notification shall also contain an appeal to

the creditor to submit written observations to the Court and attach the

documents confirming his claim, unless the documents in question has

been submitted earlier.



section 28 simultaneously with the notification under section 27, the right also if

the complaint and inform the conciliation meeting



1. the debtor,



2. the supervisory authority and the



3. any known severally responsible debtor.



If someone other than the trustee has made a complaint or

in writing relies on a new fact to support a complaint,

the Court shall send a copy thereof to the trustee.



section 29 Determines the right to such a hearing referred to in Chapter 9. section 15

Bankruptcy Act (1987:672) should not take place in the immediate vicinity of the

the conciliation meeting, the Court shall in particular inform the debtor and

the supervisory authority of the hearing. The present at the

conciliation meeting need not be informed specifically.



After monitoring



section 30 Has a creditor efterbevakat under Chapter 9. section 20 of the Act

(1987:672) and he does not pay for the security fee, the Court shall

inform him that after the Guard does not give rise to any action

from the side of the Court until the fee has been paid.



Delivery procedure



section 31 of the Law shall immediately after the edgångssammanträdet in particular inform

each known creditor if he can count on dividends for the claim

or, as the case may be, to bankruptcy have depreciated.



Before the right to supply information pursuant to the first subparagraph, consultations shall take place

with the Manager, if necessary.



Unless the bankruptcy have depreciated, shall, in the notification recalled that

creditors in cases other than those referred to in chapter 14. paragraph 6, third paragraph

Bankruptcy Act (1987:672) only on request, be given the opportunity to under section 8

the same comment on the Manager's fee petition and, if

the right keeps the fee negotiation issue, will be called to the hearing. A

creditor who cannot be presumed to be eligible for the dividends should also

It is recalled that he will be informed of the proposed dividend and

final account only if it turns out that he is, after all, come in

the case for dividend or whether he especially asks to be notified.



If the Court has decided that monitoring should take place, the intelligence

under the first subparagraph.



32 § Law shall send a copy of the public notice under Chapter 11. 6 §

first subparagraph, the Bankruptcy Act (1987:672) to



1. any creditor who, in the dividend proposal has added payoff,




2. other creditor who has requested to be informed,



3. other creditor, if for special reasons can be assumed to be of importance

for him to be informed,



4. the Manager and



5. the supervisory authority.



A creditor who has added payoff shall also be informed of the

dividends in the dividend proposal was calculated for him.



A creditor referred to in the first subparagraph 3 shall be informed of the

circumstances which justify the notification.



33 § on the negotiation under Chapter 11. the second subparagraph of paragraph 8 of the Bankruptcy Act

(1987:672) is to be held, the Court shall inform the supervisory authority of

the hearing.



The administrator shall submit to the Court the documents necessary for

trial.



34 § When the bankruptcy is completed right in the correct



1. the authority,



2. Enforcement Authority,



3. Land Registry Department for corporate mortgage,



4. the registermyndighet as referred to in paragraph 4 or 12

17 has been informed of the bankruptcy, if necessary with

stating that the bankruptcy has ended with a surplus, and



5. The tax office. Regulation (2007:793).



Notification to the authority in respect of the particular property that has not been sold



section 35 Of the bankruptcy in any other case than described in Chapter 2.

section 25 of the Bankruptcy Act (1987:672) has expired without the sales

took place by the following property, this must be noted in the

specified registry.



------------------------------------------------------------------

Property Registry

------------------------------------------------------------------

1. Immovable Property Register

the register part



2. Here in Sweden registered ship

or interest in any such ship Ship Register

shipping del



3. Here in Sweden registered

aircraft or share in or

encumbered parts for

such aircraft. The enrolment register

for aircraft



The trustee shall report the fact to the authorities

has been informed of the bankruptcy. Regulation (2005:146).



Chords in bankruptcy



36 § A composition proposal shall be submitted in triplicate to the right.



37 § Law determines, after consultation with the trustee in the place and time of

meeting as referred to in Chapter 12. paragraph Bankruptcy Act (1987:672).



Of the notice with the notice of meeting shall state that

the composition proposal is available with the trustee.



When the proclamation was issued, the Court shall immediately send a copy of

the notice to the debtor and all known creditors. The right shall

at the same time send a copy of the proposal to the creditors. Becomes a

creditor known only later, the Court shall as soon as possible, send a

copy of the notice and the proposal to him.



38 § Permitted modification of the composition proposal and decided for that reason

with the support of 12. paragraph Bankruptcy Act (1987:672) to a

continued meeting to be held immediately, the Court shall announce the time

and location of the continued meeting. Each creditor entitled to vote

with a known address that was not present at the meeting when the

the announcement was made shall be notified of the time and place of the

continuation of the meeting. The notification shall indicate what change

that have been made in the composition proposal and if the trustee agrees

the change or not.



Decided to continue meeting for any reason other than as referred to

in the first paragraph, needs some notification is not sent to the

creditors who were not present at the meeting when the time and place

the meeting was announced.



39 section meeting held pursuant to Chapter 12. § 19, third subparagraph

Bankruptcy Act (1987:672) for the re-examination of the composition proposal, shall

the notice of the meeting will be issued as soon as possible. The right shall, at the same time

send a separate notification if the article content to

the trustee, the debtor and the creditor each person entitled to vote with known

address.



The trustee's final account



40 § When release stated in chapter 13. the second subparagraph of paragraph 6 of the Bankruptcy Act

(1987:672) is issued, the Court shall send a copy of the notice to the

the trustee, the debtor, and every known creditor. Has the report been given

under Chapter 13. section 2 of the Bankruptcy Act 8, need to copy are not sent to

creditors with claims without preferential rights.



Disqualification



section 41 unless the nominee has made no notice of disqualification referred to in

Chapter 7. 16 of the Bankruptcy Act (1987:672), shall

the supervisory authority promptly make such a notification if there is

reason. the authority shall append to its notification to the

investigation held by the authority.



Bankruptcy costs



42 § costs according to chapter 14. section 2 of the Bankruptcy Act (1987:672)

shall be paid by the State shall be paid by the Swedish national courts administration.

Regulation (2005:191).



43 § Compensation to the State for such bankruptcy costs referred to in 14

Cape. Article 1, first paragraph 6 the Bankruptcy Act (1987:672) under

regulations issued by the Swedish national courts administration.



44 § The rates of remuneration referred to in chapter 14. the third subparagraph of paragraph 4 of

Bankruptcy Act (1987:672) is determined by the courts on the basis of a

hour cost standard is decided by the Government. Regulation (1991:1407).



section 45 notice of hearing pursuant to chapter 14. the second subparagraph of paragraph 8

Bankruptcy Act (1987:672), the debtor and the creditors concerned

It should be recalled that the instead of to appear for the hearing,

comment in writing over the fee petition.



section 46 When the bankruptcy ends other than those specified in chapter 14.

section 10 of the Bankruptcy Act (1987:672) the Court shall inform the judicial authority if

decision on the fees to the trustee.



Some credit institutions ' bankruptcy



47 § puts it to a banking company, a savings bank or a central

member bank in bankruptcy, the Court, after consultation with the managers

decide to deposit the creditors be notified in any other way than

listed in 26, 31, 32 and 37--40 sections, insofar as it is appropriate.

Information about what is thus determined shall be promulgated by the law.

Regulation (1995:1610)



48 § in a banking companies, a savings bank or a member bank

bankruptcy, such list referred to in Chapter 7. paragraph 13 of the fourth

subparagraph Bankruptcy Act (1987:672) through the Agency of the Trustees sent

to each of the credit institution's Office to where in

Watch the time be made available to anyone who wants to take advantage of

it. The list shall at the same time be made available also in

law and managers. Regulation (1995:1610).



49 § notification under section 26 to a creditor shall deposit

contain a statement that the list was drawn up and the list

available as well as a reminder that the creditor does not need to monitor their

the claim to the extent that the amount has been included in the list.



Final provisions



section 50 of Summonses and notifications from right under this regulation

sent by mail in plain letter to the recipient during his last known

postal address.



section 51 Has a document to be submitted to the Court in two or more

specimens do not come into the prescribed number, right on ingivarens

expense let make the copies required.



section 52 is an act that will enter into law written in Danish or

Norwegian or is a document from a foreign creditor domiciled

abroad in English, French or German, the document

be accepted without translation into Swedish.



53 § Notices or other documents sent to the Court or

does residing abroad and who have no known agents here in

the country must be written in a language that the recipient can be adopted

understanding. State Department submits counsel for the translation of

documents.



Transitional provisions



1987:916



This Regulation shall enter into force on 1 January 1988, when

Bankruptcy Ordinance (1979:801) expires. Older provisions

still applies in the case of bankruptcies, where the bankruptcy decision has

granted prior to the entry into force. What these provisions about

the referee, however, should instead refer to the District Court. Taken an action

under the new bankruptcy law, the provisions of the corresponding

operation of the new regulation.



1990:1076



The Government states that section 44 Bankruptcy Ordinance (1987:916) shall

expire at the end of 1990. Tariffs have been established

before that date and which shall apply from 1 January 1991

or later shall be submitted to the Government in order to be valid for the

approval.