Ms Ann Schröder

Ann Schröder

Updates

Insolvency & Restructuring

Handling contracts under the Company Reorganisation Act
Sweden | 09 December 2011

Chapter 2, Section 20 of the Company Reorganisation Act specifies how a debtor's existing contracts should be handled in a corporate reorganisation. Contracts are naturally an important asset for a company undergoing reorganisation. The primary aim of this rule is to facilitate reorganisation, but also to protect the debtor's counterparty against financial loss.

Supreme Court rules on title retention of IP rights in bankruptcy
Sweden | 13 May 2011

The Supreme Court recently delivered a decision regarding title retention of IP rights, ruling that a buyer of an IP right receives protection towards the seller's creditors through the agreement and that there is no need for a separate perfection measure. Therefore, by analogy, there is no need for a perfection measure in order to uphold a contractually valid termination given before the buyer entered into bankruptcy.