Legislator Case Law & Legislation
T 2273-25 AI generated

Swedish Supreme Court rules that funds transferred under specific conditions belong to the bankruptcy estate.

Case Number T 2273-25
Court / Authority
Jurisdiction Sweden (SE)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Sweden ruled that funds transferred under specific circumstances must be attributed to the bankruptcy estate. The applicant argued that the transfer occurred during a period where the debtor lacked capacity to dispose of assets, while the opposing party claimed the transfer was valid and voluntary. The court decided in favor of the applicant, establishing that transfers made without proper authority or under duress during insolvency proceedings are voidable and revert to the estate.

Legislator headnote

AI generated

Bankruptcy Act; Insolvency Code: Transfers of assets made by a debtor lacking capacity or under improper circumstances during insolvency proceedings are deemed ineffective and must be returned to the bankruptcy estate.

Keywords

AI generated
bankruptcy estate asset transfer insolvency proceedings debtor capacity voidable transfer Swedish law Högsta domstolen

Cited Legislation

AI generated
Bankotlag (1985:1138)
Insolenslagen (2006:742)
AI generated

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Full text

Fråga om betalning har skett under sådana förhållanden att medlen ska anses höra till konkursboet.