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Debt Restructuring Regulation (2016:689)

Original Language Title: Skuldsaneringsförordning (2016:689)

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/Comes into force: 2016-11-01/

Contents of the regulation



section 1 of this regulation contains additional provisions on the procedure under the debt restructuring (2016:675) and law (2016:676) on debt restructuring for entrepreneurs.



Application form



section 2 of the Swedish enforcement authority shall provide forms that a debtor will be able to use in an application for debt restructuring or F-debt restructuring.



Case records and act training



section 3 of the Swedish enforcement authority shall record each case in the recovery database.



Of the Act (2001:184) on the processing of data in the Swedish enforcement agency provides for the data may be processed in the database.



4 § In any proceedings to the Swedish Enforcement Administration continuous record which documents comes in, the actions carried out in the case and what otherwise appears in this or in connection with the appeal of an announced decision.



section 5 of the documents comes into or be established in a case should be brought together into an act.



Announcements and notifications



section 6 of the order according to § 19 debt restructuring (2016:675) or section 21 Act (2016:676) on the adjustment of the debts of a business owner that a inledandebeslut has been issued is to be done by the Swedish Enforcement Administration. The notice shall, in addition to the information referred to in the said paragraphs, specify: 1. the debtor's name, social security number and mailing address,



2. date of inledandebeslutet, and



3. postal address of the Office at the Swedish enforcement authority where the file are available.



If the social security number is missing for the debtor the notice instead indicate coordination number or date of birth.



In a case if F-debt restructuring to the proclamation also contain information on the business activities that the holder is or has been involved in.



The notice must also include a statement that the debtor's liability for a claim not notified may fall away. The notice may contain other data and information.



section 7 A of the notification provided for in section 21 debt restructuring (2016:675) or section 23 of the Act (2016:676) on the adjustment of the debts of a business owner that a inledandebeslut has been issued is to be done by the Swedish Enforcement Administration. The notification shall, in addition to the information referred to in the said paragraphs, contain the information and particulars referred to in section 6.



The notification may contain other data and information.



section 8 of the order under section 28 of the debt restructuring (2016:675) or section 30 of the Act (2016:676) on the adjustment of the debts of a business owner that a decision on debt restructuring or a decision on F-debt restructuring has been announced to be done by the Swedish enforcement authority or, if a court has announced the decision, the Court of Justice. The notice shall contain information on the 1. the debtor's name and social security number,



2. the date of the decision, and



3. postal address of the Office at the Swedish enforcement authority or the Court in which the file are available.



If the social security number is missing for the debtor the notice instead indicate coordination number or date of birth.



The notice may contain other data and information.



Appeal



9 § documents submitted to a court bailiff because of an appeal shall be included in the receiving Court Act.



section 10 Of the Swedish enforcement authority, then a decision has been appealed, the decision in the case before the appeal has been heard, the authority shall notify the Court.



11 § When a court has announced a final decision in a case to be appealed, a copy of the decision shall be sent without delay to the bailiff. The same shall apply if the Court has announced a decision pursuant to paragraph 42 debt restructuring (2016:675) or paragraph 44 law (2016:676) on debt restructuring for entrepreneurs that payment assurance seizure and should be adopted and enforced, despite the fact that a inledandebeslut has been notified.



When a final decision has been given the force of law, the Court shall inform the bailiff and sending of documents relevant to the continued investigation by the enforcement authority.



Management of paid-in funds



section 12 of the annual fee as bailiff in accordance with § 35 debt restructuring (2016:675) and 37 § law (2016:676) on debt restructuring for entrepreneurs to take charge of the debtor for the Agency's handling of his or her payments is 500 SEK.



section 13 the Swedish enforcement authority to in debt restructuring the database continuously record the cash receipts and disbursements of funds are made, the interest is capitalized, the fee charged, the actions carried out and what otherwise appears as a result of the determined if the debtor's obligation to pay to the authority.



section 14 of the Swedish enforcement authority shall conduct regular checks to ensure that a debtor to follow what has been determined for payment to the authority in inledandebeslutet and in the payment schedule.



A control within the meaning of the first subparagraph should always be done before the Swedish Enforcement Administration announces a decision on debt restructuring or a decision on F-debt restructuring.



section 15 Of the Swedish enforcement authority under section 14 indicates that a debtor is in delay with the payment of a not insignificant amount and the delay is more than two weeks, should the debtor be notified of this. The notification shall contain information on the amount that the debtor would have rightly paid to the bailiff and the amount that he or she actually paid. The debtor must also be informed of the consequences of the departure of payment might be.



If it is handed down a decision on debt restructuring or a decision on F-debt restructuring, creditors should also be informed of such a deviation of payment referred to in the first subparagraph.

The notification shall contain information on the amount that the debtor would have rightly paid to the bailiff and the amount that he or she actually paid.



The notification to the debtor and the creditors may contain other data and information.



section 16 Of the Swedish enforcement authority under section 14 indicates that a debtor has paid a higher amount than what is specified in the inledandebeslutet or in the payment plan and that there is therefore a surplus belonging to the debtor, to the Swedish enforcement authority to pay back the excess amount to the debtor.



The reimbursement referred to in the first subparagraph shall not be made if 1. the excess amount is less than 100 kroons, and 2. the amount of the debtor's request will be used for future payment obligation as defined in inledandebeslutet or in the payment schedule.



17 § When funds are paid back to the debtor, the bailiff shall inform him or her about this.

The notification should contain an indication of the amount to be paid to the debtor, stating how much is interest.



If the funds in accordance with section 56, second subparagraph, second sentence, debt restructuring (2016:675) or section 58, second subparagraph, second sentence, the law (2016:676) on debt restructuring for entrepreneurs instead will be allocated between the receivables for which a repossession in the past has been going on, should the debtor be notified of this.



The notification may contain other data and information.



section 18 When funds are paid out to creditors, the bailiff shall inform them about this.

The notification should include information about 1. the total amount, including interest, paid, and 2. the amount to be paid to the creditor, stating how much is interest.



As to the settlement means that a creditor receives a smaller amount, not including interest, than that determined in the decision on debt restructuring or the decision on the F-debt restructuring, should notification also contain an indication of the distribution of the funds have been among the creditors.



The notification may contain other data and information.



Authorization



section 19 of the Swedish enforcement authority may, in the case of proceedings before the Office, announce additional regulations on the enforcement of debt restructuring (2016:675) and law (2016:676) on the adjustment of the debts of businesses and rules on the enforcement of this regulation.