Best Restructuring & Insolvency Lawyers in Falun

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Founded in 1937
English
Advokatfirman Glimstedt i Falun - Advokater & Jurister offers comprehensive legal expertise to individuals and businesses in Falun and the Dalarna region. With a strong foundation in Swedish law, the firm specializes in criminal justice, family law, and general legal counsel. Their attorneys have...
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About Restructuring & Insolvency Law in Falun, Sweden

Restructuring and insolvency law in Falun, Sweden, covers the legal processes that help individuals and businesses who are facing financial difficulties. These laws allow companies to reorganize their operations to avoid bankruptcy, or in cases where debts cannot be paid, provide structured procedures for insolvency. The legal framework in Sweden is designed to balance the interests of debtors and creditors, aiming to salvage viable businesses and protect the rights of those owed money. In Falun, as in the rest of Sweden, these matters are handled in accordance with national legislation, but local legal professionals offer tailored advice and support given the region’s unique economic environment.

Why You May Need a Lawyer

There are a number of situations where seeking legal advice from a restructuring and insolvency lawyer in Falun may be necessary. If you are a business owner seeing signs of financial distress, a lawyer can help you understand your obligations and opportunities for restructuring. Creditors also benefit from legal guidance to ensure their interests are protected when a customer or partner faces insolvency. Individuals facing personal bankruptcy, guarantees, or debt collection actions can also turn to legal experts for advice on the best way forward. A lawyer provides knowledge of the process, representation in court, and support in negotiations with creditors or administrators.

Local Laws Overview

Swedish restructuring and insolvency proceedings are governed mainly by the Bankruptcy Act (Konkurslagen) and the Company Reorganisation Act (Lag om företagsrekonstruktion). Key aspects include:

  • Options for company restructuring to avoid bankruptcy, often involving court-appointed administrators and agreements with creditors
  • Clear procedures for filing and adjudicating bankruptcies, including requirements for evidence of insolvency
  • Provisions for both voluntary and compulsory liquidations
  • Rules detailing the priorities among various classes of creditors
  • Strong emphasis on transparency and the fair treatment of all involved parties
  • Oversight by the district court, with appeal options if parties are dissatisfied with decisions

In Falun, restructuring and insolvency cases are handled by the Falun District Court, and local trustees and administrators play important roles in guiding both businesses and individuals through these complex legal processes.

Frequently Asked Questions

What is the difference between restructuring and bankruptcy in Sweden?

Restructuring (företagsrekonstruktion) is a process allowing financially troubled companies to reorganize and negotiate with creditors without immediately going bankrupt. Bankruptcy (konkurs) is a legal process where a person's or entity's assets are liquidated to pay creditors.

Can individuals file for bankruptcy in Falun?

Yes, bankruptcy is available to both businesses and individuals in Sweden. There are specific procedures and legal assistance is recommended, especially for understanding the consequences and possible alternatives.

How long does a restructuring process typically take?

The duration depends on the complexity of the situation. A typical structured company reorganization might last between three and twelve months but can be extended by the court if warranted.

Is it possible to stop creditor actions during restructuring?

Yes, once the court approves a restructuring process, creditor actions such as foreclosures and collections are normally put on hold for the duration of the proceedings.

What are my obligations if I am declared bankrupt?

You must cooperate with the bankruptcy trustee, provide all necessary information about your assets and liabilities, and refrain from any action that would diminish the bankruptcy estate.

How are creditors prioritized in bankruptcy?

There is a statutory ranking of claims. Secured creditors have priority, followed by preferred claims (such as employee wages), unsecured claims, and finally subordinated claims.

Can a bankruptcy discharge my debts completely?

In some situations, bankruptcy may result in the discharge of remaining debts after asset distribution. However, certain debts, like fines and maintenance obligations, may not be discharged.

Are business owners personally liable for company debts?

Generally, shareholders in limited companies are not personally liable unless personal guarantees have been given or in cases of improper management, such as delayed bankruptcy filings.

What is the role of a bankruptcy trustee?

The trustee manages the bankruptcy estate, secures and sells assets, investigates the debtor's actions, and distributes the funds among creditors according to legal priorities.

What should I do if I receive a payment demand from a company undergoing restructuring?

Contact the company’s administrator or consult a lawyer before taking any action. Payment terms may change during restructuring, and you may need to register your claim formally.

Additional Resources

If you need more information or assistance regarding restructuring and insolvency in Falun, consider reaching out to:

  • Your local accountant or financial advisor for preliminary advice
  • Falun District Court (Falu tingsrätt) for official procedural matters
  • Swedish Companies Registration Office (Bolagsverket) for company status information
  • The Swedish Enforcement Authority (Kronofogden) for collection and enforcement questions
  • The Swedish Bar Association (Advokatsamfundet) to find qualified restructuring and insolvency lawyers
  • Civic guidance centers (medborgarkontor) for basic legal information and referral services

Next Steps

If you believe you need legal assistance with restructuring or insolvency issues in Falun, start by gathering your financial documents and outlining your current situation. Schedule a consultation with a local lawyer who specializes in this field. They can assess your unique circumstances, advise on your rights and responsibilities, and recommend the best course of action whether that is restructuring, negotiation with creditors, or formal bankruptcy. Acting early often leads to more options and better outcomes.

Remember, every case is unique, and expert legal advice remains the best way to navigate complex restructuring and insolvency matters in Falun, Sweden.

Lawzana helps you find the best lawyers and law firms in Falun 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 Falun, 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.