Bankruptcy

Bankruptcy can apply to both private people and companies and means that assets are placed under control and used to pay all the debts that the person or company has.

A party put into bankruptcy is called the (bankruptcy) debtor and those who have a claim against the debtor are called the creditors.

The district court makes a decision on bankruptcy and appoints a bankruptcy administrator. The administrator shall among other things deal with the debtor's property (bankruptcy estate) and prepare a schedule of the debtor's assets and debts (bankruptcy estate inventory).

During the bankruptcy the property and money of the debtor are divided between the creditors according to a certain system, as far as it is sufficient after the costs of the bankruptcy have been paid.

Normally the creditors do not need to notify the district court that they have claims. It is part of the function of the bankruptcy administrator to establish to whom the debtor is liable to pay money.

However, if the assets of the bankruptcy estate are so large that it may be assumed that creditors without a so-called priority right (right to receive payment before the others) will receive payment, the district court can decide that a proof of debt procedure should be implemented. This means that the creditors must give notice of their claims to the district court, which they would otherwise not need to do.

If the district court decides on a proof of debt procedure this will be publicly announced, among other places, in certain daily newspapers. The public announcement will also state the latest date for submitting the proof of debt.

Applying for bankruptcy

As an individual you should submit an application for bankruptcy to the district court where you live. Click on 'Sök domstol' ('Search for court') in order to find the correct district court. You are considered to be resident where you are registered as resident on 1 November in the year before the application is made.

For joint-stock companies and economic and not-for-profit associations, the application is made to the district court where the board has its seat. For trading partnerships and limited partnerships the application is made to the district court where the company’s management is located.

What you should do to apply for bankruptcy yourself

  • There is no charge for an application for your own bankruptcy. No special standard form is required. The application should be signed by the person applying or your representative. State in the application that you are insolvent (this means that you cannot pay your debts).
  • If you are represented by a representative you should state her or his name, postal address and telephone number. Attach an authorisation (power of attorney) in the original.
  • If the application relates to a natural person you should attach a certificate of local residence, which you can order from the Swedish Tax Agency (Telephone 0771-778 778 or via Skatteverkets webbplats (the Tax Agency website, link opened in new window) under Personbevis/Adress (Population Registration Certificate/Address)).
  • If the application relates to a legal person (joint-stock company, economic association or trading partnership) a registration certificate, no older than one month, shall be attached. You can order the registration certificate from Bolagsverket (the Swedish Companies Registration Office, link opened in new window).
  • Please attach a schedule of your assets and liabilities.
  • State whether there are employees.
  • Submit the application together with a certificate of local residence alternatively a registration certificate to the district court.

This is how you can apply for bankruptcy directed against the debtor

  • Deposit the application fee of 500 kr into the district court's PlusGiro account. State on the slip the civic registration (ID) number or company registration/organisation number of the debtor (the party sought to be put into bankruptcy).
  • No special standard form is required. The application should contain details of the applicant and the debtor’s name, civic registration (ID) number or company registration/organisation number, postal address and telephone number.
  • If the applicant is represented by a representative state her/his name, postal address and telephone number. Attach an authorisation (power of attorney) in the original.
  • The application should contain details that the debtor should be put into bankruptcy and also the claim and the other circumstances on which the application is based. Attach originals or copies of the other documents that are referred to. Everything should be submitted in duplicate.
  • The application should be signed by the applicant or her/his representative.
  • If the application relates to a natural person you should attach a certificate of local residence, which you can order from the Swedish Tax Agency (Telephone 0771-778 778 or via Skatteverkets webbplats (the Tax Agency website, link opened in new window) under Personbevis/Adress (Population Registration Certificate/Address)). If the application relates to a legal person (joint-stock company, economic association or trading partnership) a registration certificate, no older than one month, shall be attached. You can order the registration certificate from Bolagsverket (the Swedish Companies Registration Office, link opened in new window).
  • Send the application together with a certificate of local residence alternatively a registration certificate to the district court, or deliver it directly at the district court. State how the application fee has been paid.



Senast ändrad: 2012-04-05
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More about bankruptcy

Read more about bankruptcy on Kronofogdemyndighetens webbplats (the Enforcement Service website, link opened in new window).