Insolvency, Bankruptcy and Reconstruction

Debt Collection

Insolvency, Bankruptcy and Reconstruction

At Trolle Law, we have a specialised team in place to provide legal advice and efficient recovery of your outstanding debts.

We can assist with the collection of debts on overdue invoices, mortgages, and other payment agreements. The procedure of debt recovery cases can vary, depending on what type of debt is owed.

Our special debt recovery team of lawyers has extensive experience and expertise in this area and handles several thousand cases across Denmark every year. We do everything we can to ensure that you and your business receive what is rightfully owed to you.

This team is your guarantee of fast, customised and ethical handling of every single case. With online access to central databases and directories, we can perform thorough investigations of debtors.

Our work covers:

  • Dunning procedures
  • Payment claims
  • Rent collection
  • Mortgage collection
  • Legal audits

Sometimes firmer methods are required in order to recover a debt. At Trolle Law, we have extensive experience in using payment claims.

A payment claim is a document that a creditor can submit for County Court action when they wish to initiate a simplified debt recovery process against a debtor. A payment claim can be used when you have already sent out dunning letters  with no success.

A payment claim can be issued in order to obtain a verdict on a claim, and is an alternative to a summons. A payment claim often speeds up the process and can be used in cases of undisputed claims below the sum of DKK 100,000.00 excl. interest and costs.

Trolle Law employs highly skilled and competent attorneys able to issue payment claims and handle your case in the civil courts, if required.

At Trolle Law, we can ensure expert legal advice, and can provide you with solutions for resolving rent collection disputes.

Sometimes tenants fail to pay rent and/or utility bills etc. In that case, a debt collection case or a termination/eviction order may be applicable so that you, as a landlord, avoid losses. To have a person evicted, whatever the reason, many regulations must be complied with – whether it is owners, members of a cooperative society, or tenants.

Regardless of the problem, it is important that you act swiftly and efficiently. At Trolle Law, we have attorneys who specialise in this exact area, and who can prepare a convincing case that complies with all legal requirements.

If previous tenants owe money after eviction and vacation of the property, Trolle Law can also assist in the recovering of these amounts as a standard debt collection case.

Trolle Law can help you create an overview, and we offer cost-effective debt recovery.

As a business, you need to be aware of and stay in control of many formal requirements  related to the recovery of unpaid bills.

At Trolle Law, we have a special team of debt collection experts that can provide legal assistance in reviewing business documents, so that you are certain to experience the lowest possible amount of losses from your debtors.

Our assistance covers:

  • Signing of agreements
  • Invoicing
  • Sending out dunning letters, etc.

At Trolle Law, we can ensure that your business does not suffer larger losses than is strictly necessary.

When a loan or credit has been provided as a mortgage in a property, and a breach of contract occurs, it is important that action is taken swiftly.

The recovery of mortgage debt can be handled as a simple debt collection case, but the mortgagee may also recover debts by requesting a forced sale. We can assist you with assessing whether a forced sale is worthwhile.

Our attorneys have extensive experience in this area, and are able to assess the best course of action in each individual situation, as well as help you choose the best methods for your business to recover its debts.

Our legal advice covers:

  • Submission of formal debt recovery reminders
  • Seizure of debtor’s property
  • Forced sale

Being too nice to customers may prove to be an expensive luxury. At Trolle Law, we can help your business implement more stringent procedures and increase the probability of recovering your debts.

Far too many claims are never sent for debt collection and are simply written off. This means that many debtors are able to endlessly keep incurring debts without any consequences. These cases never reach County Court and thus, the debtor avoids being registered with RKI (Ribers Kredit Information – Denmark’s largest directory of bad payers) as a bad payer.

When you discover that a debtor has not paid an invoice, you need to act. By acting swiftly as soon as a payment has not been made, you display professionalism towards your customer. However, for the reminders to be legally valid, there are some very specific requirements for dunning procedures to comply with.

Trolle Law’s experienced attorneys can help you assess your dunning and credit procedures,  minimising the risks of bad payers and limitation periods.

Action must be taken swiftly, and as soon as a debtor has not responded to a demand for payment, the case should be submitted for debt collection.

 

Trolle Law has extensive experience in securing sensible solutions and excellent results in relation to forced sales.

For one party, a forced sale is an unhappy situation, but for the other, it represents an opportunity for a good deal.

At Trolle Law, we have a team of lawyers with in-depth knowledge of rules and regulations applying to forced sales, which can help whatever your needs.

We help mortgage providers with:

  • Mortgage collection
  • Submitting applications for a forced sale to the County Court
  • Inspection and description of the property
  • Sales particulars
  • Property management

Representation of the claimant in a forced sale case, legal advice, and preliminary meetings

Legal advice in connection with a purchase of property at a forced sale auction is important as special legal and financial regulations apply. Bidding should naturally correspond to the actual value of the property.

If your business is considering purchasing a property at a forced sale auction, we can help you with:

  • Procuring relevant property information and documents
  • Risk and profitability assessment
  • Representation at auction

Unfortunately, insolvency, bankruptcy and the need for reconstruction happen every day for businesses in Denmark. Trolle Law can help all parties with the best options for moving on in the best way possible.

Whether you are a business struggling to recover debts, or a business under financial pressure, an attorney will be able to provide useful legal advice.

Trolle Law has extensive experience and expertise in this area, and we handle many cases every year, assisting both small and medium-sized businesses. Our attorneys always ensure that these cases are handled swiftly and professionally according to the requirements and wishes of each individual business.

We assist with:

  • Payment arrangements
  • Voluntary composition
  • Bankruptcy
  • Reconstruction
  • Debt rescheduling

 

If your business needs swift action and efficient understanding of your situation, Trolle Law can establish your options, and negotiate sensible solutions on your behalf.

If your business is experiencing financial difficulties, an agreement on partial remission of debt may be a good solution. This could be as part of the reconstruction of your business, or part of a divestment.

It is also an option to negotiate a voluntary composition with creditors. Voluntary composition means that your company agrees with its creditors that your debt is reduced in return for payment of some of the debt immediately or as an instalment agreement. For the sake of both debtor and additional creditors, all creditors should participate in this composition.

No matter what you are aiming for, Trolle Law can offer a highly qualified team with significant experience and expertise in these areas. This team is used to identifying options and solutions.

Our legal advice covers:

  • Analysis of issues and options
  • Collaboration with the company accountant on preparation of payment
  • Negotiation with banks and creditors

At Trolle Law, we employ a team of specialists who can swiftly and professionally handle your bankruptcy petition.

A debtor must be insolvent when they are declared bankrupt. This means that the debtor is unable to pay their debt on time, and that the failure to pay is not due to temporary circumstances.

Due to our close collaboration with other operators in this area, we are often appointed bankruptcy trustees. We are able to draw on a wide range of specialist lawyers, and at short notice we can put together an expert team to cover all aspects of a bankruptcy.

Doing this, we always provide the swift and efficient case management that is very important in the initial phase of a bankruptcy.

Our legal advice covers:

  • Securing assets and a professional winding-up of the business
  • Review of transactions prior to the bankruptcy to identify voidable arrangements
  • Litigation to recover valuables that have been withheld from creditors
  • Recording and control of reported debt
  • Final winding up and distribution to creditors
  • If you are a creditor in a bankruptcy estate, we can assist you with legal advice on your rights and options, as well as with proof of your claim.

If your business requires efficient reconstruction, Trolle Law can take you through the process, giving your business the best chance of long-term survival.

The aim of reconstruction is not just to help your business survive in the short term, but to ensure that it is viable in the long term.

Reconstruction usually requires swift and efficient action. That is why Trolle Law can offer a team of experienced attorneys, each with their own expertise in various areas. This ensures that your business not only gets the legal advice it needs, but also that we deal with each aspect of the case immediately.

Our legal advice covers:

  • Conduction of meetings in order to establish strategy
  • Representation of your business in negotiations with relevant parties
  • Implementation in collaboration with the company accountant

 

 


Attorney (Supreme Court) – Adm. Partner
STEEN JØRGENSEN
Attorney (Supreme Court)
JENS BRUSGAARD
Attorney (High Court) - Partner
THOMAS RASK