Borgenärskollektiv : En studie av fyra borgenärskollektivs rättsliga klassificering

Sammanfattning: A creditor group exists when two or more creditors have claims against the same debtor and the claims of the relevant creditors are in some way interdependent. A creditor group can have come into existence as a result of an execution of a multi-creditor loan agreement of some sort. The group can also have come into existence as a consequence of a creditor transferring the whole or part of e.g. a payment claim vested with the creditor to one or several other persons who thereby also becomes creditors of the relevant debtor. Moreover, the group can have formed because of a heritage whereby two or several beneficiaries inherit rights in one and the same debt obligation. Other common creditor groups are such that are established as a result of some sort of formal, court supervised, insolvency proceeding. The internal dealings of creditors forming part of a creditor group give rise to a great number of legal issues. The answers to these issues are often dependent on the legal paradigm under which the relevant creditor group is to be assigned. The thesis deal with creditor groups that are formed under a syndicated loan agreement and because of a bond issue as well as a consequence of the commencement of a company reorganization and a bankruptcy proceeding. The aim of the study is to examine how the aforesaid creditor groups is to be classified under the law and thereby find a legal foundation for the various group creditors’ internal legal relationship. The thesis is intended to serve as a pre-study, with the expectation that the findings made in the study will constitute a foundation for further research in this area.

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