Frequently Asked Questions

Here you’ll find frequently asked questions and answers about corporate reorganization, bankruptcy, liquidation, and what it’s like to work at Merino Adokvatbyrå.

Do you take on projects outside of Stockholm?

Yes. Our headquarters are in Stockholm and we have an office in Visby, but we also handle cases outside these locations and matters with cross-border elements.

What does it mean to be a summer intern at your firm?

As a summer intern, you’ll work with us for 4–8 weeks and get a taste of the day-to-day work at the firm. Your duties may include legal research and drafting legal documents. You’ll also have the opportunity to observe district court hearings, attend meetings, and participate in mentoring and internal training sessions.

What is it like to be a trainee at your company?

As a trainee, you will work for one semester and primarily assist with our insolvency cases. The work involves both administrative tasks and more specialized legal research, and provides broad insight into various areas of law and business considerations.

How do you approach professional development?

We continuously invest in training, mentoring, and coaching to provide a solid foundation for both professional and personal development. This development encompasses not only legal knowledge and business acumen, but also areas such as work methods, leadership, and marketing.

What is it like to work for you?

With us, you’ll be part of an open, modern, and stimulating work environment. We work as a team with a strong sense of commitment and high ambitions, in a corporate culture characterized by respect, integrity, and professionalism.

What happens to the company's assets and liabilities in the event of liquidation?

The company's assets are converted into cash, which is used to pay off all liabilities. If there is any surplus remaining after that, it is distributed to the shareholders.

When might liquidation be the right course of action?

Liquidation can be an option when a company is to be dissolved and there is a need for an orderly and legally sound closure. For companies that are not to continue operations, it can be a clear way to wind down the business in a controlled manner.

What does a liquidator do?

The liquidator replaces the company’s former board of directors and is responsible for carrying out the liquidation. This includes managing the company’s assets, paying its debts, and completing the dissolution of the company.

What is the difference between voluntary liquidation and compulsory liquidation?

Voluntary liquidation is decided by the shareholders’ meeting, while compulsory liquidation is initiated by a decision of the Swedish Companies Registration Office or a general court. The difference, therefore, lies in how the liquidation is initiated, not in the fact that the company is wound up in an orderly manner.

What is the liquidation of a company?

Liquidation is a formal process for winding up a company. During this process, a liquidator is appointed to replace the board of directors and is responsible for converting the company’s assets into cash, paying off its debts, and ensuring that the company is properly dissolved.

What happens if I receive a demand for repayment?

A clawback claim involves challenging a transaction that took place prior to bankruptcy. This type of claim often requires a careful assessment of both the factual circumstances and the legal situation. We provide assistance at every stage, from initial consultation to litigation in court.

What are the duties of a bankruptcy trustee?

The bankruptcy trustee is impartial and represents the creditors. Their role is to take the steps necessary to ensure a swift and favorable liquidation of the bankruptcy estate. This includes, among other things, gaining an overview of the assets and liabilities, converting the assets into cash, and managing communications with suppliers, employees, landlords, the bank, and other affected parties.

What does a bankruptcy lawyer do?

A bankruptcy attorney provides legal advice both before and during bankruptcy proceedings. This may involve assessing whether bankruptcy is the right course of action, providing support to creditors, handling claims for recovery, and helping the parties involved understand their rights and obligations in the bankruptcy proceedings.

What does the bankruptcy process look like, step by step?

Bankruptcy proceedings begin with the trustee gathering information about the business, taking control of the assets, and preparing an inventory of the estate. Subsequently, claims are collected, past transactions are reviewed, and a trustee’s report is prepared. If funds remain, a distribution is made before the bankruptcy is closed.

If you’d like to learn more about the bankruptcy process, you can read our article “The Different Stages of the Bankruptcy Process.”

How does bankruptcy work?

Bankruptcy proceedings are initiated when the company itself or one of its creditors files for bankruptcy with the district court. For bankruptcy to be granted, the company must be insolvent—that is, unable to pay its debts on time—and the problem must not be merely temporary. The district court then issues a bankruptcy order and appoints a bankruptcy trustee.

What does a corporate restructuring mean for me as a supplier?

Once the reorganization proceedings have commenced, the company undergoing reorganization is prohibited from paying old debts, i.e., debts that arose prior to the date of the application for reorganization. The decisive factor in determining when a claim is deemed to have arisen is the date on which the service was provided or the goods were delivered. The date the invoice was issued is therefore not decisive.

If you have issued an invoice that covers both the period before and after the date of the application for reorganization, please contact the company’s finance department so that the invoice can be allocated to the appropriate period.

As a supplier, you are required, at the company’s request, to continue delivering in accordance with the contract during the reorganization proceedings. As a general rule, deliveries made during the reorganization proceedings will be paid for in cash or in advance by the company.

What does a bankruptcy attorney do?

A reorganization attorney assists the company in assessing whether reorganization is feasible and appropriate, preparing the application, and providing legal advice throughout the entire process. This may include matters related to creditors, contracts, composition agreements, the liability of company representatives, and other commercial law issues that arise in a financially strained situation.

What is the role of the representative in a corporate reorganization?

The representative plays a key role throughout the entire reorganization process. Prior to filing the petition, the representative assists with financial information, a liquidity plan, and supporting documentation for the petition. During the process, the representative participates in reconciliations, creditor meetings, payments, and composition negotiations.

If you would like to learn more about the role of a representative during a reorganization proceeding, please read our article " The Role of a Representative During a Reorganization Proceeding."

How does a corporate reorganization work?

The process typically begins with an assessment of whether the conditions for reorganization are met. If so, an application is filed with the district court. During the reorganization, the company is given time to stabilize its operations, address its debt situation, and create the conditions necessary for continued operations.

If you’d like to learn more about the reorganization process and its various stages, you can read our article “The Different Stages of Corporate Reorganization.”

How do I know if my company is eligible for corporate reorganization?

Corporate restructuring may be appropriate if the business is fundamentally viable but has encountered financial difficulties. An initial assessment must be made of the business’s prospects, its liquidity, and its ability to implement the measures necessary for the company to return to profitability.

Merino helps you through financial difficulties

We assist companies facing financial difficulties or liquidation. We offer advice on claims or demands under the provisions of the Bankruptcy Act.