Get paid by someone who is under debt restructuring

Are you supposed to get paid by someone who is granted debt restructuring, that means you will not get paid in full. It is important that you as a creditor report your debts so that they are included in the debt restructuring.

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

The table shows the difference between 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:

  1. We investigate whether the applicant meets the eligibility requirements for debt restructuring.
  2. If the person meets the requirements, we make a decision to initiate debt restructuring. It's a decision on the way to a debt restructuring — not a decision that the person has been granted debt restructuring. The decision states how much the person must start paying. The person is allowed to keep an amount each month for their own and their family's livelihood. What is left must go towards paying the debts.
  3. You and all other known creditors (if there is a representative, we primarily notify the representative) receive letters from us. The purpose is for you and others to report their claims. Claims we are not aware of may be lost when we decide on debt restructuring. This means that anyone who does not report their claim does not get paid.
  4. We publish the decision to initiate debt restructuring in the Swedish Official Gazette (Sw. Post- och Inrikes Tidningar) on the Swedish Companies Registration Office's website.
  5. We do a more comprehensive investigation. It often results in the person receiving a final decision on debt restructuring, but it can also mean that the person’s application is rejected.
  6. Once the investigation is done, usually a month or so after the decision to initiate debt restructuring, we will prepare a proposal. The proposal lists the debts included in the debt restructuring, how much you and the other creditors receive and at what times. It also states exactly how much the person must pay and for how long. The applicant gets to consider the proposal.
  7. You and other creditors will also have the opportunity to respond to the proposal. If you say no, it is important that you justify why so we can examine the objection. We can make a decision to grant the person debt restructuring even if you said no to the proposal, but you can obviously appeal our decision.
  8. You will receive a final decision on how the debt restructuring will proceed.

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.

Our services for submitters (in Swedish)

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.

You want to get paid

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.