National Repository of Grey Literature 154 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Position and Application of Claims of the Secured Creditor in Insolvency Proceedings
Matuška, Dominik ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The Position and Application of Claims of the Secured Creditor in Insolvency Proceedings Abstract The topic of this thesis is the position and application of claims of the secured creditor within the special and to some extent independent type of civil court proceedings, which is insolvency proceedings. The object of insolvency proceedings is the bankruptcy or imminent bankruptcy of the debtor and the method of its resolution. It is more than clear, that the creditors who are involved in this proceedings have an interest in ensuring that their claim is satisfied as much as possible. The aim of the paper, as its name itself suggests, is not a general description of the course of insolvency proceedings, but a comprehensive analysis of the position and application of claims of the secured creditors. In the insolvency law, we understand the concept of secured creditor somewhat more narrowly compared to the general substantive law, which is based on the Civil Code. Indeed, the Insolvency Act defines who is deemed to be a secured creditor for the purposes of insolvency proceedings, and this definition does not include all types of security institutes known to us from substantive law. When examining the issue, I proceed from the relevant legal regulations, relevant case law of the higher courts of the Czech...
Filing and settling of claims in insolvency proceedings
Karas, Ivo ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Filing and settling of claims in insolvency proceedings Abstract The aim of the thesis was to provide a comprehensive picture of the two mutually interconnected topics: (i) classification of claims from the perspective of insolvency proceedings and (ii) filing and settling of claims in insolvency proceedings. Bankruptcy has always accompanied human societies from its very beginnings when people began to exchange goods and provide services. The importance of regulation of bankruptcy is even up with growing trade exchange. The matter stays in focus of lawyers in Czech Republic because the related case law is constantly evolving, which provides the legislator with useful inputs for amendments of the statute law. The source of the amendments of the statute law is also a change in social conditions and recent public policy efforts to make debt releaf and exemption from remaining debts admissible for poor debtors. The 1st part of the thesis is a theoretical introduction focused on the nature of insolvency proceedings (including comparison with general individual civil proceedings), subjects in insolvency proceedings and legal principles governing this procedure. In the 2nd part, I analyzed the classification of claims as the insolvency statute law distinguish them, especially with regards to determination of the...
Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff
Křížová, Petra ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff - Abstract The thesis deals with the legal position of insolvency administrator in insolvency proceedings and its comparison with the position of bailiff. The thesis is broken into an introduction, six chapters and a conclusion. The aim of this thesis is to summarise the rights of the insolvency administrator as a subject of the insolvency proceeding and compare them with the rights of the bailiff. The first chapter deals with the definition of insolvency administrator, the conditions to perform the office and to obtain the relevant licence to perform the office, as well as the manner of entry of insolvency administrators into the registry. The second chapter takes on the manner of appointment of the insolvency administrator in a specific insolvency proceeding, the conditions for removal or recall from the office, the conditions of exclusion for bias and situations when the insolvency administrator may be replaced. Furthermore, the chapter states the duties of the insolvency administrator. Special attention is paid to the reward and reimbursement of costs in the various alternatives of insolvency solutions with regard to recent case law. The chapter also details the liability of the...
Debt discharge - remediation way of resolving the bankruptcy of the debtor, natural persons
Matoušová, Dominika ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Debt discharge is one of the remediation ways of resolving the bankruptcy of the debtor, whereas the debt discharge is requested mainly by non-entrepreneurial natural persons. However, the resolution of bankruptcy by debt discharge cannot be ruled out also for natural persons entrepreneurs. Debt discharge is a widely used and persistently relevant institute that puts emphasis not only on liberating debtor from debt and resolving his financial situation, but also on the protection of creditors of the debtor, who are legally guaranteed a degree of satisfaction of their claims. The aim of this thesis is to provide a comprehensive characterization of debt discharge, the course of insolvency proceedings leading to debt discharge, as well as certain specific areas that may be problematic. This thesis also contains examples from the practice, in which we can see the specifics of debt discharge. This thesis is divided into seven chapters, whereas the main ones are chapters 2 and 4. The first chapter briefly defines the concept of bankruptcy, which is crucial for the resolution of the unfavourable economic situation in insolvency proceedings, the ways of its resolution and the relationship between debt discharge and other methods of resolving bankruptcy. The second chapter describes debt discharge and defines the...
Reorganization and its importance in Czech insolvency law
Marian, Daniel ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
v anglickém jazyce The subject of this thesis is reorganization as a method of resolving a debtor's insolvency or imminent insolvency pursuant to the Insolvency Act. This thesis analyses the current legal regulation on reorganization, evaluates the existing empirical studies and presents the results of its own empirical research into the reorganizations which were permitted in the years 2014 to 2017. This thesis also seeks to answer whether reorganization truly represents a rehabilitation process and whether it can be considered a basic method of resolving insolvency next to bankruptcy, as originally envisioned by the legislators whilst enacting the Insolvency Act. Furthermore, whether or not the so- called "Revision Amendment" had any positive effect on reorganizations is also researched. Last but not least, this thesis deals with reorganization from the perspective of de lege ferenda and its importance for Czech insolvency law. First of all, this thesis shows that reorganization is not a purely rehabilitative process but that it can also have liquidation effects. The classification of reorganization as a rehabilitation method of resolving bankruptcy is therefore inaccurate. Furthermore, it is shown that the Revision Amendment to the Insolvency Act does not have any significant positive practical...
Insolvency crimes
Suchomelová, Veronika ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Title: Insolvency crimes Abstract The aim of the submitted rigorous thesis to give a comprehensive overview about specific category of crimes related to contractual obligations between creditors and debtors, bankruptcy and its solution in insolvency proceeding. At first, the thesis analyzes the main concepts, "crime" and "bankruptcy". The thesis also includes historical excursion to former legislations of insolvency crimes in the penal law in the territory od today's Czech Republic, as well as off criminal legislation directly related to bankruptcy offences. This historical outline should clarify whether the current legislation on insolvency crimes has inspired a past adjustment or whether it has come up with a new concept of punishing this group of crimes. One of the primary aims of this thesis is to assess whether, in the case of criminal liability for crimes classified as "insolvent", one of the fundamental principals of criminal law, namely the principal of subsidiarity of criminal repression, is applied consistently. A picture of this isme can be made both from the actual text of the thesis and from the annex part, which shows the number of prosecuted and convicted persons for committing individual insolvent crimes in period 2009 - 2016. The core of the thesis is an analysis of individual crimes that...
Assets in the insolvency proceeding
Marek, David ; Smolík, Petr (referee)
The thesis focuses on the concept of assets, which represents one of the most basic and most important notions of the insolvency law. Assets within the meaning of the Insolvency Act are intended to satisfy the debtor's creditors. The correct finding and recording of the relevant assets and the and the following stages of the insolvency proceedings have a crucial impact on the level of satisfaction that will be given to the debtor's creditors. Step by step, the present thesis introduces to the reader the legal regulation of the most important legal terms related to the insolvency assets. Starting with the definition of the term assets to the inventory phase, where the relevant assets are recorded. In the context of this phase, the thesis addresses the duty of co-operation by the debtor in the insolvency proceedings. The thesis continues to deal with the inventory of the insolvency assets, including the asset valuation. Not even the description of the possibilities of defending the wrong classification of the property in the inventory of assets is missing. The next chapter, in turn, deals with the handling and management of insolvency assets by the insolvency administrator. The last chapter focuses on possible ways of monetizing assets, whereby the different ways are compared to each other and the...
Comparing creditors' satisfaction rates based on ways of debtors' bankruptcy resolution
NOVOTNÁ, Vendula
This thesis compares satisfaction of creditors with different ways of resolving debtors' bankruptcy. It describes different ways of resolving bankruptcy and uses specific data to analyse and compare level of creditor's satisfaction with the way bankruptcy was resolved. The thesis consists of two parts - theoretical and practical. Theoretical part describes historical development of bankruptcy law, defines basic terms, procedural subjects of insolvency proceedings, and outlines particular ways of solving bankruptcy. Practical part of the thesis describes a chosen company, analyses and compares bankruptcy data of debtors and provides recommendation for creditor based on results.
Application of claims in insolvency proceeding
The aim of the thesis is to analyse the process of debt collection in insolvency proceed-ings, to define the rights and obligations of all parties to the proceedings and to apply in practice. The whole thesis is divided into two parts. The first part deals with the issue of claims enforcement from the theoretical point of view. There is defined the insolvency pro-ceedings and the ways of it is solution, the typology of claims, review and subsequent satisfaction of claims. The conclusion of the theoretical part of the thesis is a brief com-parison of insolvency proceedings in the Czech Republic and Slovakia. The second part of the thesis builds on the previous theoretical knowledge and analyses the process of asserting claims in a real Czech company. The subject of the research is to analyse the methodological processes of the company in the event that the client en-ters into insolvency proceedings. The practical part of the thesis also includes the appli-cation of the claim according to the methodological procedures of the company. Based on the information obtained through application practice in a particular company, the thesis concludes with de lege ferenda proposals with regard to current sources of law.
Criminal acts in connection with insolvency proceedings
Criminal activity is mapped in this thesis, which subjects can commit in connection with insolvency proceedings. Czech Criminal Code No. 40/2009 Coll. lays down a total of six crimes, while the Swedish Criminal Code (Brottsbalk) has seven such crimes. The current legal regulation of bankruptcy offenses in the Czech Republic is analyzed in the theoretical part. In the practical part, the foreign legislation is analyzed and several proposals de lege ferenda are set on the basis of this analysis.

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