Best Restructuring & Insolvency Lawyers in Borlänge

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Advokatfirman Anders Karls AB
Borlänge, Sweden

Founded in 1993
3 people in their team
English
Advokatfirman Anders Karls AB is a Dalarnas based law firm that delivers specialized legal representation across a range of civil and criminal matters. The practice is led by founder Anders Karls, a lawyer with more than three decades of experience, and the firm has established a solid reputation...
AS SEEN ON

1. About Restructuring & Insolvency Law in Borlänge, Sweden

In Borlänge, as in the rest of Sweden, restructuring and insolvency matters are governed by national statutes applied through local courts. The aim is to preserve viable businesses while ensuring fair treatment of creditors. Local steps are carried out in the district court system, with case handling and supervision performed by appointed officials or trustees as needed.

Key concepts include “företagsrekonstruktion” (company reconstruction) to allow a viable company to reorganise debt and continue operations, and “konkurs” (bankruptcy) when debts cannot be resolved. In Borlänge, insolvency matters typically flow through the district court serving Dalarna County, such as Falu tingsrätt, with guidance and filings coordinated with national authorities.

Understanding who can initiate proceedings, the roles of a reconstruction administrator or bankruptcy trustee, and the implications for employees, suppliers, and owners is essential for residents and business owners in Borlänge. Local legal counsel can translate national rules into actions tailored to a Borlänge-based business or individual situation.

2. Why You May Need a Lawyer

When financial distress arises in Borlänge, a lawyer with restructuring and insolvency expertise helps you choose the right path and protect value. Below are concrete, region-specific scenarios where legal counsel is often essential.

  • A Borlänge manufacturer faces rising supplier claims and cash flow pressure, and the company seeks a formal företagsrekonstruktion to preserve operations while creditors are reorganised.
  • A local service business receives multiple creditor petitions and needs guidance on filing for konkurs proceedings in Falun/Borlänge and appointing a court-approved bankruptcy trustee.
  • The owners wish to explore a pre-packaged restructuring that preserves jobs in a Borlänge plant while renegotiating debt with banks and suppliers, requiring careful court and creditor coordination.
  • A Borlänge retailer discovers imminent enforcement actions for unpaid taxes or social charges, requiring expert advice on stay mechanisms, priority considerations, and potential debt relief options.
  • A company’s directors worry about potential personal liability in the restructuring context and need clarity on what actions could trigger personal exposure under Swedish insolvency law.
  • Creditors in Borlänge propose a debt settlement outside formal bankruptcy, and they want to understand the legal framework, timelines, and risk of triggering liquidation.

Engaging a local lawyer early in Borlänge helps you identify timelines, anticipate administrative steps, and coordinate with local authorities or a reconstruction administrator if needed. A focused consultation with a solicitor or attorney can also help you assess whether restructuring is feasible or if liquidation is more appropriate.

3. Local Laws Overview

Two core structures shape restructuring and insolvency in Borlänge are the company reconstruction framework and the bankruptcy framework. The company reconstruction process is designed to enable a viable business to reorganise its debts while continuing operations. The bankruptcy framework governs when debts cannot be resolved and the company is liquidated under court oversight.

In addition to these, individuals in Borlänge may seek debt relief under rules that apply to personal financial situations, which can interact with business entities when owners bear personal liability. For residents and business owners in Borlänge, it is important to understand how the district court system, the company registry, and enforcement authorities coordinate the process.

Recent trends include greater emphasis on structured negotiations with creditors and clearer procedures for appointing trustees or reconstruction administrators, with local courts in Dalarna coordinating closely with national registries and enforcement authorities. Local counsel can explain how these mechanisms work for a specific Borlänge case.

Key laws and concepts you should know by name: - Företagsrekonstruktionslagen (the Swedish Company Reconstruction Act) governs formal attempts to restructure viable businesses while protecting creditor interests. - Konkurslagen (the Swedish Bankruptcy Act) governs liquidation procedures, creditor claims, and appointment of bankruptcy trustees. - Skuldsaneringslagen (the Debt Relief Act) applies to individuals, including business owners who face personal financial distress linked to business liabilities.

Recent changes and updates are typically implemented through amendments and ministerial guidance. For precise text and the latest amendments, consult the official sources and your local legal professional in Borlänge.

4. Frequently Asked Questions

What is företagsrekonstruktion and when does it apply?

Företagsrekonstruktion is a formal process to restructure a financially distressed company while continuing operations. It aims to preserve value, protect jobs, and satisfy creditors over time. A court or company board can initiate the process, and a reconstruction administrator oversees the plan.

How do I start a bankruptcy proceeding in Borlänge?

Typically a creditor or the company itself files for konkurs with the district court serving Borlänge. The court may appoint a bankruptcy trustee to manage assets, collect claims, and partition proceeds for creditors. Proceedings set timelines for claims and asset disposition.

What are the typical costs involved in an insolvency matter?

Costs include court filing fees, professional fees (lawyers, reconstruction administrators, or bankruptcy trustees), and potential costs for liquidation or restructuring services. In practice, the scale depends on case complexity and duration.

Do I need a local Borlänge lawyer for restructuring matters?

Having a lawyer familiar with Dalarna County courts and local procedures helps navigate filing requirements, creditor meetings, and court schedules. A local attorney can liaise with the district court and reconstruction administrators efficiently.

How long does a typical företagsrekonstruktion take?

A straightforward reconstruction can take several months, often 3 to 6 months, depending on creditor cooperation and the debtor’s financial structure. More complex cases may extend longer.

What is the difference between reconstruction and bankruptcy for a company?

Reconstruction seeks to reorganise debts and maintain business operations under court supervision, while bankruptcy focuses on liquidating assets to satisfy creditors. Reconstruction prioritises value preservation; bankruptcy prioritises orderly wind-down.

Can a Borlänge business proceed with a pre-packaged restructuring?

Yes, pre-pack arrangements are possible if agreed with creditors and approved by the court, allowing a quicker transition to a reorganised entity. Legal oversight ensures fairness and compliance.

What documents should I prepare for a restructuring filing?

Key documents include financial statements, liquidity forecasts, list of creditors, debt agreements, employee information, and a detailed restructuring plan. Accurate data reduces delays in court review.

Is personal liability possible for company debts in a restructuring?

Generally, corporate debts stay with the company, but directors may face liability in certain circumstances, such as fraud or improper actions. Legal counsel can explain the risks specific to your case.

What happens to employees during a restructuring or bankruptcy?

Employees typically retain rights and protections under Swedish labor and insolvency laws. Salary payments, notice periods, and redundant pay are governed by applicable rules and any creditor-approved plans.

What should I know about cross-border restructuring if my business has international creditors?

Cross-border insolvency rules may apply, including recognition of foreign proceedings and coordination of asset recovery. Seek counsel with expertise in international insolvency to avoid conflicts.

Do I have to pay for a restructuring even if it fails?

Costs incurred during preliminary consultations and early filings may be unavoidable. If the case proceeds, fees will depend on services rendered and the outcome.

5. Additional Resources

Access to authoritative sources can clarify rights and obligations in Borlänge and across Sweden. The following official organizations provide practical information and procedural guidance.

  • Bolagsverket - the Swedish Companies Registration Office; handles company registrations, filings related to restructuring, and corporate governance matters. Official site: bolagsverket.se.
  • Kronofogden - the Swedish Enforcement Authority; oversees debt collection, insolvency processes, and related enforcement actions. Official site: kronofogden.se.
  • Tillväxtverket - the Swedish Growth Agency; provides resources for business restructuring, financing options, and regional development programs that can aid Borlänge companies. Official site: tillvaxtverket.se.
Official references emphasize that restructuring is a tool to preserve viable businesses and protect jobs while ensuring fair treatment of creditors.

6. Next Steps

  1. Identify your goal and whether restructuring or liquidation is more appropriate for your Borlänge business or personal finances. Timeframe: 1-3 days for initial assessment.
  2. Gather current financial documents, creditor lists, and key contracts relevant to the Borlänge operation. Timeframe: 1-2 weeks depending on complexity.
  3. Consult a local restructuring and insolvency attorney in Borlänge to review options and potential paths. Schedule a 60-minute initial meeting. Timeframe: 1-2 weeks to arrange consult.
  4. Request a formal feasibility assessment from your lawyer, including a draft restructuring plan and creditor communication strategy. Timeframe: 2-4 weeks after intake.
  5. If pursuing a formal process, prepare and file the required petitions with the appropriate district court (e.g., Falu tingsrätt) and coordinate with a reconstruction administrator or bankruptcy trustee. Timeframe: 4-8 weeks for filing and court scheduling in typical cases.
  6. Engage necessary professionals (accountants, financial advisors, and, if applicable, lenders) to support the restructuring plan and operations in Borlänge. Timeframe: ongoing throughout the process.
  7. Communicate clearly with employees, suppliers, and creditors about plans, timelines, and expected outcomes. Timeframe: continuous; provide updates at key milestones.

Lawzana helps you find the best lawyers and law firms in Borlänge through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Restructuring & Insolvency, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

Get a quote from top-rated law firms in Borlänge, Sweden — quickly, securely, and without unnecessary hassle.

Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.