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66 Uppsatser om Bankruptcy debtor - Sida 2 av 5

Skadestånd vid otillbörlig inkassoåtgärd : en rättsdogmatisk respektive rättsekonomisk analys

Towards the end of the 1960s, the credit financed purchase was well established in Sweden. The Swedish households were able to purchase goods, which had been considered unnecessary, or even luxurious, in the past. On the other hand, effective means to handle the increasing amount of debt and potential debtors were introduced; credit rating was registered, trade with insecure claims increased and if debtors could not fulfil their obligations, the creditors often used harsh or undue methods. By introducing Inkassolagen (1974:182), the legislator hoped to regulate the debt recovery process and ensure the fair treatment of debtors. The legislator also introduced liability for damages caused by a creditor in the collection process.

Finansiering av företag under rekonstruktion

In this study, company reconstructions and the financing of current accounts hereof are analysed from a perspective of insolvency law. The purpose with a company reconstruction is to maintain the operations of the company despite the insolvency of the mandator. In contrast to bankruptcy proceedings the person liable for payment stays in charge of the operations. However, this person is not allowed to sign for new loans, issue pledges of security for these loans or in any other way enter new obligations without the approval from the temporary company reconstructor. Besides providing for a successful reconstruction the reconstructor also has to consider the interests of creditors, especially to maintain the preferential order of the creditor's claims, keeping them unchanged in case of a formal bankruptcy.

Rekonstruktörens skadeståndsansvar

The thesis consists in two parts. The purpose of the first part is to analyse how the court may interpret rules, principles and legal cases to decide whether a reconstructor bears liability towards the debtor and the creditors. In the second part it is discussed and argued for how the reconstructor´s damage liability should be drawn up and applied so that it according to economic theories should be as efficient as possible. In the thesis it is shown that it is not a non-contractual liability or a liability based on authority mission. The reconstructor´s liability is instead based on a commission concerning an intellectual service.

Vinstmått: En jämförelse av marknadens definitioner och antaganden rörande vinst

This thesis investigates whether it is accordance between the different profit measures in the financial market. The first aim of the thesis is to examine if it exists a difference between the profit measures that companies publish in their fourth quarter interim report and the measures that they state in their annual report, issued some months later. The second aim is to examine whether there is a divergence in definitions and the assumption regarding the risk of bankruptcy between profit measures published by companies and analysts. The study focuses on Swedish companies listed on the OMX Stockholm Large Cap and concerns the years of 2006 and 2007. The analysts interviewed are working in Sweden with listed Swedish companies.

Förfogandeförbudets framtid. Förutsättningar för, och eventuella konsekvenser av, ett avskaffande av kravet på förfogandeförbud vid användning av återtagandeförbehåll.

In order for a retention of title clause (ROT-clause) to be valid against third parties underSwedish law, the debtor must be prohibited to dispose of the object transferred. Forinstance, the debtor must not be allowed to resell the object without the creditor?spermission or before the object has been fully paid. If the creditor gives consent to thedebtor?s disposal, he loses his right of separation.

Förmånsrätt : Har alla borgenärer lika rätt?

By the time the law of preferential right was legislated the purpose of the law was to give all creditors equal rights. The purpose of this master?s thesis is to analyze the law in force and unravel whether the purpose of the law has been fulfilled or not. If a deviation has been made I will decide whether it can be justified.Since 1st of January 2004 the preferential right regarding taxes has been abolished. Since then the claims of the Government do not have any preferential right.

Företagsrekonstruktion och förmånsrättsreformen : Vad är det som gick snett?

Sweden needs a policy that stimulates economic growth. Year 1996 the Business Reorganization Act (1996:764) came into force. The goal with this law was to savebusiness, make it profitable and avoid unnecessary bankruptcies. Shortly afterwards itturned out that the law had no positive effect. A very few numbers of companies appliedfor reconstruction and the number of applications for bankruptcies continued to increase.In 2004, in order to stabilize the situation and bring about neutrality between twoproceedings, company reorganization and bankruptcy, the government proposed thereform of priority rules.

Traditionsprincipens betydelse i svensk rätt

The doctrine of traditio is the main rule for the buyer?s protection against the sellers?s creditors in the Swedish legal system. This means that the buyer have to take physical possession of the property in order to be protected against the sellers?s creditors if the seller becomes bankruptcy or is hit by an execution. If instead the doctrine of consensus applied the buyer is protected as soon as a valid contract is formed.

Going concern utlåtande i revisionsberättelsen : En studie om svenska konkursdrabbade aktiebolag

In the beginning of the 21th century several successful companies filed for bankruptcy. These bankruptcies have been known as large accounting scandals and the largest scandals did Enron and Worldcom stand for. These bankruptcies arose without any warning signal from the auditors about the companies? financial problems and their inability to continue as a going concern. The bankruptcies damaged the reputation of auditors and broad criticism has developed at the auditors? inability to discover companies? financial problems and their unwillingness to reveal a going concern opinion in the audit report.

Konkursprediktion med hjälp av finansiella nyckeltal på svenska tillverkande företag

Problem: I dagens Sverige har det blivit ta?mligen enkelt att starta upp ett eget aktiebolag och till fo?ljd av detta har antalet konkurser o?kat. Konkursprediktion med hja?lp av finansiella nyckeltal a?r ett beforskat omra?de och stra?cker sig tillbaka till bo?rjan av 1960-talet. Altmans Z- scoremodeller a?r de mest tilla?mpade modellerna att fo?rutspa? en konkurs.

Tredjepartslogistik ur ett sakrättsligt perspektiv

It has become fairly common for a company to outsource one or several of its logistic activities to a party separate from the business of the company itself. Since the original agreement usually involves two parties, the seller and the buyer, the logistics company is called the third party. The relationship between the outsourcing company and the third party varies in form and in depth but can sometimes be very close, almost to be considered a joint venture. When the co-operation between the two parties includes more than just one separate logistic service and the third party adapts its business to a certain extent to his principals needs, it constitutes third party logistics. If the logistics company, or a party employed by it, becomes insolvent when having the entrusted goods in his possession questions may arise concerning the right to the property.

Efter bankkrisen: Vad är notan för skattebetalarna nu?: En uppföljning av Peter Jennergren och Bertil Näslunds studie från 1998

During the Swedish banking crisis in the early 1990?s, the government paid out 65 billion Swedish kronor to save Swedish banks from bankruptcy. In the process, two banks left the private sector to be taken over by the state. This thesis builds on a study from 1998 in seeking to quantify the financial end result for the Swedish government from the subsidies. Taking a cash flow approach and accounting for the time difference, it starts with the money paid out during the years of crisis and subtracts the money that has since been returned to the government by successful management of the relinquished assets.

Whistleblowing: Ingvar Bratt, hjälte eller förrädare?

An employee that informs on illegal or unethical behavior in the workplace is what has been called a whistleblower. Employees that have become whistleblowers have often faced tragic consequences, like threats from the organization, unemployment, bankruptcy and divorce. The purpose of this paper is, on the basis of different ethical perspectives to describe the justification of the whistleblowing phenomenon and apply this to the Swedish whistleblower Ingvar Bratt who ?blew the whistle? when he found out that Bofors AB, the company he worked for, were smuggling arms to the countries Dubai and Bahrein. The method that has been used in this paper is what Björn Badersten call a normative ?givet att?- analysis.

SkuldsaneringVägen tillbaka för överskuldsatta individer

The first Debt Relief Act was introduced in 1994 into Swedish law. The old Debt Relief Act was replaced on 1 January 2007 by the current Debt Relief Act. The current law is in many ways similar to the older law. The main change is the debt settlement process.The Debt settlement Act's main purpose is to financially rehabilitate over-indebted individuals. This aim should be balanced against the creditors' interest in getting paid for their claims.

Omvänt Förvärv, ett fenomen på First North : en studie i skillnader mellan bolags sätt att ta sig till Nasdaqs tillväxtmarknad

New companies go public through Nasdaqs growth market First North constantly. The reasons for going public are many, and the interest at the moment is big. There are different ways to go public, the most common being the traditional IPO. This study is about the companies that have been listed on Nasdaq First North between 2008 and 2013 through traditional IPO, or by RTO (reverse takeover).The differences between these two ways of going public are that the IPOs are reviewed more thoroughly by Nasdaq and the market. This makes the study interesting, as the RTOs go public in a faster way, and avoid the review from outside parties largely.

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