§ 3-2. Public notice and claims that lapse if not reported
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
In brief
- The opening is announced by public notice (kunngjøring), and creditors (kreditorene) must report their claims within six weeks.
- Financial institutions (finansforetak) and debt collection agencies (inkassoforetak) lose unknown claims that are not reported in time, once a debt settlement (gjeldsordning) has been established.
- Security (pant) in the home (bolig) and other items the debtor (skyldneren) keeps remains in place to the extent it lies within the value.
- Claims do not lapse if the debtor has kept them hidden.
The text of the law (unofficial translation)
§ 3-2. Invitation to report claims, etc.
What does this mean?
This section applies right after the negotiation has been opened. The opening must immediately be announced by public notice in the electronic announcement publication of the Brønnøysund Register Centre. Everyone who has a claim against the debtor is invited to report the claim to the enforcement officer within six weeks.
Known creditors and any co-debtors (jointly and severally liable co-debtors) receive a copy of the public notice from the enforcement officer. At the same time, they are told which claim the debtor has stated that they have. If the enforcement officer opened the negotiation, the creditors are also told that they can appeal, cf. § 3-1 fourth paragraph. Secured creditors may receive a separate notification under § 4-6 third paragraph, where the enforcement officer can notify the secured creditors of a voluntary sale.
The third paragraph has the most important consequence: claims from financial institutions and debt collection agencies that were not previously known and are not reported within the deadline lapse when debt settlement has been established. The right to take security, to set off or to retain nevertheless remains. Retention of title and retention of title security lapse unless they have been registered in the land register or another register.
The fourth paragraph protects security in a home that is to be kept. Such claims do not lapse to the extent they are covered by the market value of the home plus ten percent. For other items, only the value of the item counts. The reference is to § 4-8, which sets out how such claims are handled in the debt settlement itself.
Three exceptions set limits. A lapse in relation to one debtor does not apply in relation to the others. Nor does the claim lapse if the debtor deliberately or with gross negligence failed to disclose it. And if the debt settlement is later cancelled (opphevet), a lapsed claim can be collected in full. A constructed example: a creditor that is a financial institution does not come forward, but the debtor knew about the claim and kept quiet about it. The claim then remains in place anyway.