Pomoc w opłaceniu kosztów postępowania upadłościowego

Who is the assistance in paying the costs of bankruptcy proceedings for?

• Help may be suitable for people who have significant problems with timely payments and have unsuccessfully sought other solutions and plan to file for bankruptcy of their property.
• The conditions set out in the Act on financial support for the repayment of the deposit for the costs of bankruptcy proceedings must be met.
• Our advisor can help you judge if this solution is appropriate.

How do I apply for help with the costs of bankruptcy and what is the procedure?

• An application for help with financial problems is made online,  using an electronic ID or the íslykill code .
• When examining an application, the debtors' spokesperson independently collects information about income, assets and debts and determines the next steps in consultation with the applicant.
• The claimant must provide himself / herself with information about his living expenses.

The results of submitting an application for assistance related to the costs of bankruptcy proceedings may be as follows:

• Accepting the application and information on the next steps.
• Rejection of the application, but informing about other forms of support in the event of problems with the payment.
• Dismiss the application, but provide information on a bankruptcy, if the applicant can somehow finance the bankruptcy bond himself and other / milder solutions are not sufficient to solve his problems.
• Regardless of the result of submitting the application, the applicant receives a summary of his financial situation.

What Happens Before My Application for Financial Assistance is accepted?

• The claim is reviewed and the office checks all the information necessary to obtain a clear picture of the applicant's financial situation.
• An applicant must meet certain statutory requirements for their application to be accepted:
• when assessing the application, the financial situation of the applicant is carefully checked in terms of assets, income and debts held over at least the last 4 years,
• all tax returns for the last 4 years should be submitted,
• specify whether the applicant will have other funds to pay off debts, e.g. from the sale of property or other financial contribution.
• The debtors' ombudsman verifies the applicant's income on the basis of official data and the turnover (total payments) on the bank accounts held by the applicant.
• In the event of a discrepancy between the official income and the turnover on the account, the applicant must provide explanations.
• The cost of living is estimated on the basis of the so-called criteria for maintaining the office and other costs provided by the applicant. The application must be accompanied by documents confirming the information contained therein, e.g. the reported costs of renting, maintaining the apartment and other monthly expenses.
• In case of doubts as to whether the applicant meets the conditions for applying for an adjustment to the payment, he / she will receive a letter / e-mail ( andmælabréf ) with the possibility of explaining and submitting documents within the time limit set.

What happens after the application is accepted?

• The applicant collects the documents from the debtors' ombudsman and submits them to the district court competent for his place of residence.
• The applicant must pay 19,000 kr himself, court fees when files are filed with the district court.
• The debtors' spokesperson pays a deposit of DKK 250,000 against the costs of the bankruptcy proceedings. directly to the district court when considering the case.
• The applicant is summoned to the district court while his case is examined. It is essential that he appears, otherwise he will be considered to withdraw from the bankruptcy petition.
• The judge assesses whether the applicant meets the conditions to start bankruptcy proceedings.
• More information about bankruptcy can be found here .

What happens if my application is rejected?

• If the application for assistance related to the costs of bankruptcy proceedings is rejected, the applicant may challenge the  decision to the Ministry of Social Affairs. The complaint is submitted electronically, the form is available on the website of the Council of Ministers.

The application for assistance related to the costs of bankruptcy proceedings does not include:

• General legal advice or assistance in civil matters.
• Providing legal advice, e.g. on individual claims or their validity.
• Assistance in tax settlements or providing tax advice.
• The ombudsman of debtors decides on the insolvency of the applicant or submits a bankruptcy petition on his behalf.
• Transferring funds for a deposit towards the costs of bankruptcy proceedings to the applicant's account.