Ändring av förmånsrättslagen : Hjälpa eller stjälpa en oprioriterad borgenär?

Sammanfattning: The law of preferential rights has, since the 70’s, given företagshypotek a high priority after a company has claimed bankruptcy. After the costs concerning the insolvent estate and the liens, företagshypotek has received full refund. The effect has been that the unprioritized creditors often have not recieved any of their claims after the bank have re-cieved theirs. Many countries have during the last decades deviated from this law and in 2003, Sweden decided to take the same path. The new law was implemented in January 2005. The law of företagshypotek was replaced by the law of företagsintekning which purpose was to give the unprioritzed creditors a greater chance to receive refunds on their claims. Företagsinteckning is only giving the prioritiested creditors 55 % instead of the former 100 % of the nominal value. The debate concerning this new law has been about the fear that it is now harder for companies to get loans, since the banks have become more restricted in their credit granting with företagsinteckning as collataral security. In addition, the banks have also expanded their factoring and leasing services in order to own the companies balance sheet, thus own all things that can be transformed into money. This leads us up to the question: Will the new law make it better for the unprioritized creditors when bankrupsy of their debtors occurs? Our purpose is to describe and explain the consequences that will occur after the change of the preferential rights for the unprioritized creditors. This essay is delimited to focus on the unprioritized creditors and the law change concerning the change from företaghypotek to business mortgage. We have concluded that the implemented law change is not an improvement for the unprioritized creditor’s situation when bankrupsy of their debtors occurs, contrary to the purpose of the new law. The banks new ways concerning credit granting and new services could easily spoil the intended effect, and might even leave them worse off.