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Valuing a Distressed Company
Štěpánková, Jana ; Abraham, Karel (referee) ; Dufek, Zdeněk (referee) ; Klaban,, Vladimír (referee) ; Puchýř, Bohumil (advisor)
The doctoral thesis deals with bankruptcy and its possible solution from the point of view of expert activities. Valuation of the company in distress may be required at different stages of the business life cycle. While sometimes the valuation is requested directly by the shareholders or the managing partners facing bankruptcy (or preventing crisis) sometimes assessment is requested in insolvency proceedings by the insolvency administrator. Whether it is the intention to find out it is more beneficial for creditors to reorganise or liquidate the assets, in all these cases it is the work of experts in the insolvency proceedings who play a decisive role. The practical part of the thesis, therefore, focuses on the selection of appropriate methodologies which can be used at any given moment of crisis management.
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Incidental disputes in insolvency
Pavlů, Robert ; Sedláček, Miroslav (advisor) ; Holčapek, Tomáš (referee)
Incidental disputes in insolvency Abstract, key words This thesis focuses on the issue of incidental disputes in insolvency proceedings with an emphasis on the different types of such disputes, pointing out some problematic aspects of the current legislation. Incidental dispute is a special type of civil court proceedings, the purpose of which is to resolve issues that are central to the whole insolvency proceedings and cannot be resolved in the insolvency proceedings themselves and thus require separate attention. Decisions in such disputes can have a fundamental impact on the rights of litigants and third parties, which underlines their importance not only in the insolvency context. This thesis conducts a thorough analysis of the legal regulation of incidental disputes in insolvency proceedings, drawing on legislation, case law, specialist literature and, last but not least, the practical experience of the author as an assistant of an insolvency practitioner with a special authorization. The thesis first deals with the general concept of incidental disputes, their characteristics, legal regulation and the course of court proceedings concerning them. It then focuses on the different types of incidental disputes as provided for in the Insolvency Act and other relevant legislation. This thesis also refers...
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Tax administrators' claim in insolvency proceedings
Ulvr, David ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Tax administrators' claim in insolvency proceedings Abstract The thesis deals with the claims of the tax administrator in insolvency proceedings. As this is a complex and very broad issue, the thesis focuses on a more detailed analysis of two major cases in which the tax administrator acts as a creditor in insolvency proceedings. Specifically, these are cases where the tax administrator acts as a secured or preferential creditor. The thesis also analyses the data provided by the tax authorities on the basis of questions sent to them. The thesis is divided into two chapters. The first one deals with the tax administrator as a secured creditor. First, the advantages of the secured creditor status in insolvency proceedings are explained. The substantial part of the chapter is devoted to the creation of the tax administrator's pledge, which differs from the general pledge. The thesis reflects on what tax claims can be subject to a pledge in the context of the new case law of the Supreme Administrative Court. This chapter also explains the possible impact of the commencement of insolvency proceedings on the duration of the pledge. The chapter also deals with the conflict between the Insolvency Act and the Civil Code regarding the order of creation of a pledge and presents possible solutions. The next subchapter...
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The position of the creditor in insolvency proceedings
MODROVÁ, Tereza
The aim of this bachelor thesis is to deal with creditor status in insolvency proceeding in the Czech Republic. The focus is set on ways of satisfying creditors across all forms of the procedures within the insolvency proceedings and opportunities to defend their interests. This thesis describes participation in activities as a subject of creditors authorities with considering the so-called common creditors interest. Furthermore, in the theoretical part is described creation of tax allowance to receivables and write-off receivables and demonstrated their tax importance. The work also considers impact of COVID-19 pandemic on the process of insolvency proceedings and acceptance of new legislation. The practical part analyses data taken from the insolvency register and compares the level of creditors satisfaction according to the method of bankruptcy resolution. In addition, there is pointed out satisfaction order of receivables with consideration of receivable type or usage of collateral instruments.
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Application of claims to bancrupcy proceedings
Horák, Milan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Application of claims to bancrupcy proceedings Abstract This thesis deals with claiming entitlements within insolvency proceedings. The aim of this thesis is to provide a comprehensive overview of formal requirements for creditors and all types of entitlements which can be claimed in insolvency proceedings regardless at what phase of the proceeding they originated. The thesis is approached with a practical point of view with the use of years of experience in the field of insolvency law. Practical consequences are stated in each chapter. The positives and negatives of individual amendments to the Insolvency act and proposals de lege ferenda are stated in the conclusion. Key words: claim, entitlement, insolvency proceeding, creditor
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Discharge of imprisoned persons
Silná, Silvie ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Discharge of imprisoned persons Abstract The diploma thesis deals with the discharge of an imprisoned debtor. One of the aims of the thesis is to analyse the phenomenon of indebtedness of Czech prisoners on the basis of available data, to describe its causes and possible solutions in general. The main goal of the thesis is to acquaint the reader with the process of debtor's discharge with emphasis on the specifics and deviations that the debtor's imprisonment situation brings into his discharge. Discharge in this thesis is perceived as a tool to solve the problem of indebtedness of Czech prisoners. Within the framework of achieving the main goal, it is examined which legislative changes made the institute of discharge more available for imprisoned debtors and at the same time what obstacles, which objectively complicate or threaten the successful process of imprisoned debtors' discharge still remain. To achieve the set goals, methods of analysis and description of legal regulations, court decisions and other relevant documents are combined, supplemented by practical examples of selected insolvency proceedings and the author's work experience in the given area. The work is divided into two parts. The first part deals with the indebtedness of Czech prisoners. It analyses the available data on this phenomenon,...
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Selected Business Aspects of Insolvency Proceedings
Mašek, Jan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Thesis: Selected Business Aspects of Insolvency Proceedings The reason why I have decided for my thesis topic is that the connection between business law and insolvency law is a field which has not been studied comprehensively so far. However my opinion is that these law branches have a lot in common as we can see daily their intersection in many insolvency proceeding. Object of this thesis is to describe the main areas in which clashes insolvency law with business law and then define questions which issue from this clash and answer those on which the Insolvency Act and Business Code do not offer clear answers. As I mentioned the connection between insolvency and business law is not focused comprehensively by doctrine. Therefore I work particularly with decided cases and legal interpretation books as sources for my thesis. The text offers two points of views on this topic. The first is aimed to company (especially its statutory body) which becomes insolvent. The second is aimed to third parties who do business with an insolvent company. The first part of my thesis is engaged in short description of historical development of insolvency law in Czech. Then it is focused on explanation of basic insolvency terminology in context of business law. The second part of the thesis deals with duties of...
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Discharge of a debtor - one of modes of insolvency solution
Rothová, Kateřina ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Indebtedness of individuals non-entrepreneurs and their subsequent inability to pay their obligations duly and on time was reflected not only in legislation designed to protect consumers but also to law that props up the debtor's financial position and provides him a second chance for a fresh start free of debt. The Insolvency Act passed through development during its efficiency i.e. from 1st August 2008, a considerable development, and according to the number of submitted insolvency proposals it became a legal instrument used by debtors to manage and address solving of their situation. We will be able to assess efficiency of utilisation this notion enabling discharge from debts in the next two or three years, when enough evidence should be available to evaluate the success of approved debt reliefs through the payment schedule. Court decision taking adapted the Insolvency Act also to the possibility of debt relief for spouses who are in most cases engaged in joint commitments under the joint property of spouses. The debt relief for spouses, however, brings a couple of questions and insolvency courts do not approach to proceed it in uniformly way. It is therefore important to prepare major amendment to the Insolvency Act, from which we expect not only the unification of court decisions, as well as...
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Debt discharge - remediation way of resolving the bankruptcy
Malý, Miroslav ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Insolvency law is a dynamic discipline which is gaining awareness of many people. The main purpose of insolvency law is to resolve the insolvency or imminent bankruptcy of a debtor using one of the methods under the insolvency act, in order to resolve property relations to persons affected by the debtor's bankruptcy. In addition to bankruptcy order and restructuring one of the methods of resolving debtor's insolvency is debt discharge. The subject of this rigorous thesis is the instrument of debt discharge, with particular focus on the last amendment of the insolvency act, which substantially changed the debt discharge proceedings. The aim of this thesis is to provide a comprehensive overview of debt discharge, the course of insolvency proceedings and its successful end describing all of its consequences. The thesis also summarizes on the most important changes made by last amendment of the Insolvency Act and draws attention to problems, which can occur in practice when interpreting of some of the new provisions. The first chapter includes brief summary of insolvency proceeding and historical development of the insolvency law. It further contains analysis of fundamental sources of insolvency law and definition of the concept of bankruptcy and debt discharge which are crucial for this thesis. The...
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Bankruptcy as a mode of resolving debtor's insolvency
Vaníček, Petr ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Bankruptcy as a mode of resolving debtor's insolvency Abstract The subject of this thesis is bankruptcy as a mode of resolving debtor's insolvency. Bankruptcy (sometimes also referred to as liquidation) is simply a mode of solving insolvency, which mainly deals with the realization of debtor's assets and is also a universal way of solving bankruptcy available to all debtors. Despite this, it is not paid a lot of attention lately, which is much more focused on remediation methods, such as reorganization and debt relief. This thesis gradually acquaints the reader with the legal regulation of the most important legal institutions related to bankruptcy and selected connected context, which usually have a major impact on bankruptcy process or can cause problems. The first chapter is devoted to a more detailed introduction into the world of bankruptcy and bankruptcy law in terms of its historical development. The second chapter describes the insolvency petition and the debtor's path to bankruptcy, a prior stage of the proceeding. Its inclusion was necessary due to the many interconnections of insolvency proceedings. Probably the most important part is concentrated in the third chapter, where the problematic parts of the effects that the declaration of bankruptcy causes in the sphere of the debtor and the mutual...
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