What does debt restructuring mean for you?
The person's ability to pay controls how much your claim is written down when the debt restructuring is complete.
During the debt restructuring, we proportionately distribute the amount paid by the person between you and others who are to be paid. You get paid based on what percentage your claim makes up of the total debt.
If the person who has debt restructuring lacks ability to pay, your claim is written down completely, meaning you will not get paid at all.
Two types of debt restructuring
There are two types of debt restructuring, what we call debt restructuring and debt restructuring for entrepreneurs. They differ on several points.
Difference between debt restructuring and debt restructuring for entrepreneurs
Debt restructuring and debt restructuring for entrepreneurs
Differences | Debt restructuring | Debt restructuring for entrepreneurs |
---|---|---|
Who can apply? | Anyone | Entrepreneurs, former entrepreneurs, and close relatives of entrepreneurs |
How much does the person pay? | They pay based on their payment capacity. This may mean that they pay nothing at all | They pay based on their payment capacity, but at least one-seventh of the price base amount per quarter |
For how long does the person's debt restructuring continue? | Five years, but their payment plan may be shorter | Three years |
Does the person pay every month? | No, not in June and December | Yes |
Can the person apply to stop (cancel) their debt restructuring? | No | Yes |
What legislation applies? | Debt Restructuring Act (SFS 2016:675) | Business Debt Restructuring Act (SFS 2016:676) |
Briefly about how debt restructuring works
A debt restructuring application goes through the following steps:
Report your claim to us
Do you want to get paid by someone who has applied for debt restructuring? If so, you must report your claim to us so that the claim is included in the debt restructuring.
You can send your claims by post or email to us. As a submitter, you can use our service for submitters.
If you are a creditor
If you are a creditor, your report shall include
- details of the claim, amount, interest up to and including the date of initiation of debt restructuring, fees and other costs
- your personal identity number or company registration number, name or company name, and other contact details
- your account details.
We also need to know if
- multiple persons are jointly (jointly and severally) liable for the debt
- someone has lodged a security (for example surety).
You can also inform us if there is anything that you believe argues against the person being granted debt restructuring, for example how the claim has arisen.
It is important that you are thorough and provide all the details of each claim you report.
Also, report which account we should pay to. We at the Enforcement Authority manage the disbursements to you and the other creditors through our payment service.
If you are a guarantor
A guarantor is a person who assumes responsibility for paying a loan on behalf of another person if they fail to pay.
In your report, you must provide details on
- what you have paid until the initiation of the debt restructuring
- any interest claims, fees and other costs
- account details.
If there are multiple debts, you answer questions about each debt separately.
If you are jointly liable to pay
If you are jointly (jointly and severally) liable to pay together with the person applying for debt restructuring, you must provide the following details in your application
- how big the total debt was initially
- how many are jointly (jointly and severally) liable to pay
- how much you have paid of the total debt
- account details, in case you have paid more than your share of the debt.
If there are multiple debts, you answer questions about each debt separately.
If you represent an estate
If you represent an estate, you must in your report provide details on
- the claim amount
- interest up to and including the date of initiation of debt restructuring, fees and other costs
- account details.
If there are multiple claims, these must be specified separately.
If the applicant is approved
We ensure that the correct amount is paid to you and other creditors. You get paid once a year.
Disbursement debt restructuring
New claim
If you have a new claim against someone who is under debt restructuring, it is not included in the debt restructuring. Then you can apply for an order to pay to have your claim determined.
Data in EU registers
You can search for information about private individuals (natural persons) and legal persons who cannot pay their debts (are insolvent) in the EU's bankruptcy and insolvency registers. The register is a service on the European e-Justice Portal containing information on debt restructurings, bankruptcies, and company reorganisations (insolvency proceedings).
Bankruptcy & insolvency registers – search for insolvent debtors in the EU
If the applicant is denied
We reject the application if we find that the person who applied for debt restructuring does not meet the conditions. We can do that both before and after we initiate a debt restructuring.
If we have initiated the debt restructuring and the person has paid money, the following may happen:
- If the person had attachment for debts — we distribute the money to those creditors who at the time had claims for attachment.
- If the person did not have attachment for debts, but new or old debts have been submitted to us, we attach the money for the debts. If there is money left, we disburse it to the person whose application for debt restructuring was denied.