/Comes into force: 2016-11-01/

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section 1 of this Bill provides for the adjustment of the debts.

Debt restructuring means that a debtor is wholly or partly exonerated from responsibility for payment of the debts covered by the debt restructuring.



In the law (2016:676) on debt restructuring for entrepreneurs provides for a specific form of debt restructuring for the entrepreneur and related to business owners.



Information and counselling to indebted



section 2 of the Swedish enforcement authority must disclose information about debt relief to heavily indebted individuals who are or have been subject to enforcement under the Enforcement Act.



section 3 of the chapter 5. paragraph 12 Social Services Act (2001:453) provides for the municipality shall submit financial and debt counselling to indebted individuals.



Review Authority



section 4 of the Swedish enforcement authority hearing the cases of debt restructuring and cases for review of a decision on debt restructuring.



Conditions for debt relief



paragraph 5 of the debt restructuring may be granted to a debtor who is a natural person if the conditions laid down in paragraphs 6 to 10 are met.



section 6 of the debt restructuring may be granted if the debtor has the Centre of his main interests in Sweden.



section 7 of the debt restructuring may be granted if the defendant does not rightfully can pay its debts and this inability with regard to all the circumstances is likely to persist for the foreseeable future (qualified insolvency).



section 8 if the debtor is a trader, the debt relief is granted only if the economic conditions in economic activity are easy to investigate.



A debtor has disqualification under the Act (2014:836) on disqualification shall not be granted debt relief.



9 § debt restructuring may be granted where it is appropriate with regard to the debtor's personal and financial circumstances.



By skälighetsbedömningen should be taken into particular consideration the circumstances at the time of their creation, the efforts of the debtor to meet its obligations and the way in which the debtor has been involved in the investigation of the case if the debt restructuring.



section 10 if the defendant has previously been granted debt relief, debt relief may be granted only if there are special reasons.



Application for debt restructuring



section 11 of the application for the debt relief must be in writing.



The application must be personally signed by the debtor. If the application is filed by electronic means, it shall be signed by such an advanced electronic signature within the meaning of article 3 of Regulation (EU) No 910/2014 of 23 July 2014 on the electronic identification and trusted services for electronic transactions in the internal market and repealing Directive 1999/93/EC, in the original wording.



section 12 of the application must contain information on the



1. the debtor in accordance with paragraph 5 Act (1996:242) on court cases and that the debtor has the Centre of his main interests in Sweden,



2. the debtor's income, assets and expenses,



3. the creditors that the debtor is aware of giving each creditor's name, address and telephone number, 4. an estimate of the debt to each creditor,



5. circumstances of their creation and the efforts of the debtor to meet its obligations, and



6. the debtor's and his family's personal and economic circumstances which are relevant for the examination of the case.



The data shall be submitted by the debtor on my honour.



Completion and rejection of the application



13 § when the request is deficient, should the debtor be submitted to remedy the deficiency. Of the order to show that the application may be rejected if the order is not complied with.

The notice need not be served.



An application for debt relief should be rejected if it is so flawed that it cannot be used as a basis for examination on the merits and the debtor has failed to comply with an order to remedy the deficiency.



section 14 of the application for the debt relief should be rejected if the debtor is subject to a different procedure for debt restructuring.



Initiation of debt restructuring



15 § the Swedish enforcement authority shall, to the extent necessary

1. check in their records that the information contained in the application is correct, and



2. obtaining information from other agencies about the debtor's personal and financial circumstances.



A meeting under section 22 may be held to determine whether debt relief should be initiated.



section 16 If it is clear from the application or other available study that the conditions for debt relief are not met, the application is rejected.



The application may also be rejected if the debtor fails to meet in person at a meeting or otherwise not involved in the handling of cases.



section 17 if the application is not rejected or denied, the bailiff shall promptly decide that debt settlement shall start (inledandebeslut).



section 18 in inledandebeslutet it be determined the amount that the debtor should pay for the time until the final issue of debt restructuring has been settled or otherwise determined. It should also be determined when and how payment should be made.



The amount that the debtor will pay will be determined in accordance with section 33.



The debtor must pay to the Swedish enforcement authority.

The payments will be carried out despite the fact that inledandebeslutet has not been given the force of law. For the debtor's payment comes in the way, paragraph 38 and 39 §.



section 19 When a inledandebeslut has announced this will be published immediately in post-och Inrikes Tidningar. If there are special reasons, the proclamation should be introduced also in one or more ortstidningar.



Of the notice to each creditor who has a claim against the debtor are invited to within one month from the date of the notice in writing



1. lodge their claims against the debtor,



2. Please provide information on the requirements and other information relevant to the examination of the case, and



3. specify to which account the payment should be made.



Deadline referred to in the second subparagraph may be extended to two months, if there are special reasons.



The proceedings after inledandebeslut



20 § After inledandebeslutet to the Swedish enforcement authority shall ensure that the case will be as common ground that its nature requires.



section 21 a notification should be sent to the creditors who are known on the matter no later than one week after that, according to section 19 has announced that a inledandebeslut has been notified.



The notice to the creditor shall be notified that a inledandebeslut has been notified and if the creditor's claim in the case. The creditor must also be urged to within the time limit laid down in the Royal Decree to enter in data in accordance with paragraph 19.



section 22 of a meeting should be held if it is likely to be beneficial to the investigation. At the meeting, the debtor should provide the additional information required for the examination of the case.



The debtor is to be called to appear in person at the meeting. The notice shall be sent to the debtor under the address that he or she was last reported in the case.

The notice need not be served.



In the notice, the debtor should be informed of the purpose of the meeting and that the application can be rejected if he or she fails to meet in person.



section 23 in a meeting as referred to in section 22 will also be a creditor or someone else who can contribute to the investigation of the case is called. The notice need not be served.



section 24 if, after inledandebeslutet it appears that the conditions for debt relief are not met, the application is rejected.



The application may also be rejected if the debtor fails to meet in person at a meeting or otherwise not involved in the handling of cases.



Decision on debt restructuring



section 25 When there is sufficient investigation of the case, to the Swedish Enforcement Administration together with the debtor shall draw up a proposal for the adjustment of the debts that contains the information set out in section 29.



section 26 of the proposal on debt relief should be sent to all known creditors whose claims are covered by the proposal in order for them to be heard in some time. Of the injunction, it should be made clear that a lack of opinion does not prevent a decision on debt restructuring. The notice shall be served on the creditors.



If a claim in the case does not fall within the scope of the proposal, should the creditor is informed of this.



27 § after the expiry of the period referred to in section 26 to the Swedish enforcement authority may decide that debt relief should be granted on the conditions for debt relief have been met.



section 28 When a decision on debt restructuring was given to this immediately be published in post-och Inrikes Tidningar.



The contents of a debt settlement



section 29 of the decision on debt restructuring should be determined



1. What are the requirements to be covered by the debt restructuring (30 – 32 sections),



2. a payment plan that specifies (a)) the amount the debtor must pay (section 33),



(b) when the length of the plan) and ending (34 §), and



c) when and how the debtor must pay (section 38),



3. What is the fee that the Swedish enforcement authority shall levy (§ 35),

4. the amount to be distributed among the creditors (section 36) and the percentage of each claim will be paid,



5. what should be valid claims (§ 37), and



6. when and how the creditors will get paid (section 41).



section 30 of the debt restructuring includes, unless otherwise provided for in section 31 or is determined in accordance with section 32, all requirements for money against the debtor that arose before the date on which the inledandebeslutet was announced.



section 31 A debt settlement does not cover



1. a claim of family law maintenance,



2. a claim for which the creditor has a lien or other right under 6 or 7 § förmånsrätts Act (1970:979) or liens, in so far as the security is sufficient for the payment of the claim,



3. a claim for which the creditor, before a inledandebeslut given, has received preferential rights pursuant to paragraph 8 of the förmånsrätts Act, in the case of property used in the operation,




4. a claim is due and that depend on the creditor provides a quid pro quo, or



5. a claim that is disputed.



A claim as referred to in the first subparagraph 1 covered by the debt restructuring of the social insurance agency or a foreign public entity has entered in the creditor's right to alimony.



32 § If a claim is dependent on conditions, not to the amount fixed or not is due, it may be determined that it is not to be covered by the debt restructuring.



If a claim is likely to be unfounded, should it be determined that it is not to be covered by the debt restructuring.



33 § the amount that the debtor should pay according to the payment schedule shall be determined so that the debt restructuring will take into account all of the debtor's assets and income after deductions for what should be reserved to the debtor for his and his family's livelihood. The provisions of Chapter 7. 4 and 5 of the enforcement code of the reserved amount will then be indicative.



It may be determined that the subject will also be made for the payment of a receivable not covered by debt restructuring.



section 34 payment schedule length shall be five years, unless there is considerable reason to set a shorter period of time.



Payment schedule begins to run from the decision on debt restructuring.





In determining the timing of when the plan expires, the time inledandebeslutet been deducted from payment schedule length, if it is not taking into account the debtor's conduct after the decision is reasonable to expect of a shorter period of time.



35 § the Swedish enforcement authority shall levy an annual fee of the debtor for the Agency's handling of his or her payments.



The Government may provide for fee.



36 § the amount to be distributed among the creditors are the funds that the debtor should pay according to the inledandebeslutet and the payment schedule with the deduction of the fee referred to in section 35.



37 section all claims subject to debt restructuring have equal rights.



By way of derogation from the first subparagraph, a claim



1. given the inferior right, if the creditor agrees to it, or 2. paid before other claims, if, after allocation in accordance with § 36 refers to a smaller amount and it is reasonable having regard to the scope of the debts and other circumstances.



The debtor's payments



38 § the debtor must pay once a month, with the exception of June and december payment free months.



The debtor must pay to the Swedish enforcement authority. If there are special reasons, it may be determined that the debtor rather than to pay directly to the creditors.



The payments will be carried out despite the fact that the decision on debt restructuring has not been given the force of law.



39 § loses rådigheten funds that he or she has paid to the bailiff. The authority shall immediately place the paid-in funds in an interest-bearing account.



40 § Paid-up funds accrue to those creditors whose claims are subject to debt restructuring, when the decision on debt restructuring has been a final decision and the fee referred to in section 35 deducted.



41 § paid-in funds belonging to the creditors, together with interest to the Swedish Enforcement Administration pay out to creditors once a year.



Levy of execution



42 § After inledandebeslutet may seizure for debts incurred before that did not happen before the issue of the debt restructuring is decided by means of a decision which has been given the force of law. If repossession happens, the action is without effect.



The first subparagraph shall not apply to claims under section 31 not covered by debt restructuring. It does not apply if, on appeal, the Court, at the request of a creditor determines that seizure may take place.



This paragraph applies even in the case of a decision concerning payment assurance and enforcement of such a decision.



§ 43 paid-in funds that still belongs to the debtor shall not be imposed or be used for enforcement of a decision concerning payment assurance.



44 § a decision on debt restructuring may be executed after it has been given the force of law. Enforcement shall not refer to anything other than what already would have been paid to the creditor in accordance with the decision on debt restructuring.



Appeal



45 § Enforcement Authority's decision may be appealed. A decision does not mean that the matter will be decided may appeal only in the context of an appeal against a decision to the effect that the matter is determined. Inledandebeslutet and decision amending inledandebeslutet may, however, be appealed in particular.



The Swedish enforcement authority's decision be appealed to the District Court of the place where the debtor resides. If the debtor is not resident in Sweden, appealed the decision to the Stockholm District Court. An appeal shall be submitted to the Swedish enforcement authority within three weeks from the date of the decision.



In an appeal case law (1996:242) about court cases, subject to the provisions of this law.

The Swedish Enforcement Administration should not be a party to the Court.



§ 46 if a court approves an appeal by the debtor, it shall refer the case back to the Swedish enforcement authority. If the bailiff has rejected the debtor's application pursuant to section 24 and sufficient investigation exists, the Court may, however, decide on debt relief.



A decision to refer a case to the Swedish Enforcement Administration may not be appealed.



Effect of a debt settlement



47 section Through a debt restructuring should be exempted from liability to the debtor for payment of the debts covered by the debt restructuring to the extent that these are set down. By debt restructuring should be exempted from the payment of the debtor including payment of debts that are not known in the case, if it is not such a debt referred to in section 31.



Debt restructuring means that the right to an interest or finance charge on a claim covered by the debt restructuring falls away-days after the day on which the inledandebeslutet was announced.



Debt restructuring does not affect the right of a creditor may have against a guarantor or anyone else except the debtor is responsible for the debt.



Reconsideration of a decision on debt restructuring



section 48 At the request of a creditor whose claim is covered by the debt restructuring may decision on debt restructuring should be repealed or, in the cases referred to in 6 and 7, be changed with regard to what has been determined in a matter referred to in section 29 2-6, if



1. the debtor has committed fraud against creditors,



2. the debtor is guilty of willful evasion of bankruptcy or Executive Ordinance,



3. the debtor in secret has encouraged any creditor to have an impact on the debt restructuring the essential,



4. the debtor in its request for debt restructuring or otherwise during the prosecution deliberately supplied incorrect information to the detriment of the creditor,



5. the debtor has submitted incorrect information to the leadership of a public authority in relation to taxation subject to debt restructuring or has not provided information in spite of the fact that he or she is uppgiftsskyldig and this has meant that a decision had been incorrectly or not taken,



6. the debtor does not comply with the payment schedule and the departure is not calling, or



7. the debtor's financial situation has significantly improved since the decision on debt restructuring, and this is due to circumstances unforeseeable at the time of the decision.



In the cases referred to in the first subparagraph 7, application can be made within five years from the date of inledandebeslutet or, if a payment plan expires later, not later than the date on which the plan expires.



49 section On application by the debtor may decision on debt restructuring changes with regard to what has been determined in a matter referred to in section 29 2-6, if



1. the debtor's financial situation has significantly changed after the decision on debt restructuring, and this is due to circumstances unforeseeable at the time of the decision, or



2. There are special circumstances.



50 § where a decision on debt restructuring are repealed, gets a bail or other security that third parties have asked for payment of an amount referred to in section 29 4 invalid. However, this does not apply if the third man knew or should have known of the circumstances described in paragraph 48 1 – 3 or to the debtor has failed to comply with its obligations under paragraph 48 4.



51 section At an amendment of a decision on debt restructuring should be determined payment schedule to as length at seven years.



52 § an application for review of a decision on debt restructuring should be written. The application must contain information on the



1. the decisions referred to, 2. It claimed, and



3. the facts on which it relies in support of the application.



If an application is deficient applied section 13.



53 the provisions of section 20, sections 22 and 23 shall apply in the case of any proceedings for review of a decision on debt restructuring.



Other provisions



section 54 if the debtor goes bankrupt, due application for debt restructuring.



If an application for the negotiation of public chord is entered then the debtor has applied for debt restructuring, should debt restructuring matter in abeyance. If the chord is determined, due application for debt restructuring.



If the debtor dies, due application for debt restructuring.



55 section if the defendant withdraws an application for debt restructuring, should the matter be written off from further processing. The same is true if the application is due in accordance with section 54.



56 section If an application for debt restructuring shall be refused or rejected, or the case dismissed from further processing then a inledandebeslut is made to all known creditors be informed.



By the decision of rejection, refusal or cancellation should mean that the debtor has paid to the bailiff shall be refunded to him or her when the decision has been given the force of law. If a pending execution has been interrupted by inledandebeslutet, will instead paid-in funds allocated to the claims for which the attachment was going on.




57 section if it is determined that a claim under paragraph 32 should not be covered by the debt, the creditor may, in spite of the provisions of the Act granting deferment of payment for the duration of the payment schedule runs.



58 § an agreement whereby the debtor or a third party from securing any creditor whose claim is covered by the debt restructuring, better conditions than under debt restructuring is invalid.



59 § Social Councils and other authorities to the Swedish enforcement authority or a court dealing with a case concerning debt restructuring, on request, provide information about the debtor's personal and economic circumstances which are relevant for the examination of the case. Such information should also be provided by agencies reporting requirements under section 19 or 21.



Transitional provisions



2016:675



1. This law shall enter into force on 1 november 2016.



2. By the Act repeals the debt relief Act (2006:548).



3. the provisions of section 18 and paragraph 34 does not apply to a case where a decision to engage in debt relief under the debt relief Act (2006:548) was granted prior to the entry into force.



4. Older provisions apply for debt restructuring that has gained legal force before the entry into force, unless otherwise follows from point 5.



5. where a decision on debt restructuring referred to in paragraph 4 be amended after reconsideration, it may at the debtor's request determined that his or her payments continue to be made to the Swedish enforcement authority in accordance with paragraph 38. In such a case for the decision also 29, 33 and 35 to 37 sections, paragraph 38 and 39 to 53 sections. The claims covered by debt restructuring should not be changed.