The Supreme Court recently clarified the interpretation of the rules on lodging proof of debt in bankruptcy. The case initially concerned a situation where a creditor that had received an interim dividend failed to lodge its claim in the proof-of-claim procedure. Due to specific circumstances, the creditor was still entitled to a dividend. However, in different circumstances, the outcome could have been different.
In recent years legal issues concerning state aid in company reorganisations have attracted much attention. One controversy to have arisen is over the question of the circumstances under which a write-off of state claims in a creditor arrangement within the framework of a company reorganisation constitutes a form of state aid, which is forbidden under EU law.
In response to the financial crisis, in 2009 the Swedish government introduced a scheme of temporary tax relief. During that year companies could apply for one year's respite with regard to the payment of payroll taxes relating to two months. It will soon be known whether companies which availed of the tax respite but are yet to repay their debts can survive, or whether the respite scheme merely delayed their bankruptcy.