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Insolvency proceedings and their application in practice
Arnold, Edita ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
In this work, I have focused on solving problems of analysis of the debtor's bankruptcy in the Czech Republic in terms of its practical application. I interpreted the relevant provisions of the Insolvency Act relating to the issue of insolvency proceedings, and I tried to explain some of the problems that have occurred in connection with the application of the insolvency law. Work is conceived so as to explain the issue of resolving insolvency of the debtor in general. Individual chapters provide a general interpretation of the issue, both in terms of the Insolvency Court, which decides on insolvency proposals from the perspective of the legislature, trustee in bankruptcy, the creditor and the debtor. Given the scope of this study was important to examine the individual sub- problems of certain statutory provisions in detail. However, where they have been in practice for common problems and where there was confusion, there was given to wider attention to this issue. The work is complemented about judicial decisions, where are application problems practically interpreted.
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Influence of insolvency proceedings on the joint assets after amendment No. 294/2013 Sb.
Rosůlek, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of my diploma thesis is to analyze legislation of the insolvency procedure's impact on the joint assets and how this legislation was changed by the amendment to the Insolvency Act No. 294/2013. This amendment is effective from January 1, 2014 and it brings to the Insolvency Act, inter alia, establishment of a common procedure for a debt relief in a marriage, which was previously only inferred from the case law. Also, there occures a certain refilling and refinement of some provisions of the Insolvency Act in accordance with the case law. This diploma thesis consists of four main chapters. The first chapter deals with the insolvency procedure generally, it presents the necessary conditions for the event, and explains the basic concepts with which it is linked. The second chapter is devoted to general explanations of the joint assets. It defines its content, form in which the joint assets may be located, when and how it arises, and also describes how the joint assets is settled. The third chapter deals with the underlying assets. It is a summary of property that arises for the purposes of insolvency proceedings and from which are the creditors satisfied. This chapter defines the property, which is included in the underlying assets, and also the way to exclude the property from it. There is...
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Raising claims in insolvency proceedings
Roud, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
This work aims to provide a comprehensive overview of the raising the claim in the insolvency proceedings. There is an explanation provided for each type of claims together with practical examples targeting the most problematic aspects of application of Act No. 182/2006 Coll., on bankruptcy and means of resolution thereof (hereinafter "The Insolvency Act").The work is not limited only to a process of raising the claim in insolvency proceedings but it systematical describes further existence of raised claim in the insolvency proceedings. There are also two more chapters dealing with the review of claims and their satisfaction. The work deals with the effective legislation, meaning the insolvency act. There is pointed toward the specific legislation in specific cases when adequate. This legislation is contained in the Act No. 328/1991 Coll., on bankruptcy and settlement (hereinafter "The Bankruptcy and Settlement Act"). I also took into account the significance of the novelization of the insolvency act number 294/2013 Sb. (so called revision novelization) and I point out the cases of modifications based on this novelization.. I also refer to the previous legislation contained in the bankruptcy act. Together with this I explain the development of insolvency law from the adoption of an insolvency act until now....
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Insolvency proceeding from secured creditor point of view
Chovanec, Ondřej ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with insolvence proceedings from secured creditor point of view. Opening chapter is devoted to historic development of bankruptcy law. Main part of this thesis describes insolvency proceedings from insolvency petition to logdement of claim to monetary satisfaction of secured creditor's claim. Closing chapter deals with bankruptcy law de lege ferenda. Focus is set on practical issues occuring in praxis.
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Invalidity and ineffectiveness of legal acts in insolvency proceedings
Štancl, Štěpán ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Abstract Invalidity and Ineffectiveness of Legal Acts in Insolvency Proceedings The purpose of my thesis is to describe and analyse statutory framework of rules which prevent underlying assets from being unlawfully reduced. The thesis is composed of five chapters which are divided into subchapters. The core of the thesis lies in chapters 4 and 5. Introductory chapter explains collective essence of insolvency proceedings in which claims of creditors are satisfied proportionally. Then it clarifies core of this thesis, i.e. analysis of acts, whom debtor reduces underlying assets, or rather his creditors. It also explicates changes in terminology, which are caused by recodification of civil law. Chapter Two describes development of ineffectiveness since Roman law until the present. Third chapter, concerning civil law, is subdivided into four subchapters. The first defines legal act. Second describes its invalidity. The third, which is most extensive, deals with relative ineffectiveness in civil law. Its parts relate to the reasons of ineffective legal acts, trials about them and consequences of ineffectiveness. Last subchapter summarizes opportunities of application this rules in insolvency proceedings. Chapter Four which concerns insolvency proceedings is divided into two subchapters. The first of them deals...
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Security interest in relation to insolvency proceedings
Novopacký, Lukáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis titled `Security interest in relation to insolvency proceedings' aims to describe the legal institute of lien through its manifestation in insolvency proceedings. It is built on the assumption that the fundamental value of securing a payment of a debt using lien manifests primarily in a scenario when the debtor becomes insolvent and the insolvency proceedings are initiated. Out of all the methods of resolving insolvency present in the Czech legal system this thesis only deals with bankruptcy and it focuses on the lien granted over real estate. Apart from the Introduction and the Conclusion, the thesis is divided into 4 chapters. The first chapter aims to give a general introduction into the law regarding security interests. The second chapter is dedicated to the fundamental principles of law relating to liens outside of the insolvency proceedings. It describes process of granting of a lien and its purpose. The third, essential chapter deals with the execution of a lien in the insolvency proceedings resolving bankruptcy. The main focus is put on the legal position of lienor in the bankruptcy proceedings. The fourh, final chapter presents statistics dealing with insolvency proceedings recovery rate in the Czech republic during the period of 2008-2012.
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Discharge of Debts as a form of Insolvency solution of a Debtor
Vašíčková, Veronika ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The rising availability of consumer loans causes an increase of debtors who aren't able to carry out all their monetary obligations. They get into financial problems which often end in several current executory proceedings. For debtors this situation is apparently hopeless and many of them try to solve it by using bridging loans. This leads to deepening of their personal financial crisis. The Insolvency Act No. 182/2006 Sb. which contains the regulation of the Discharge of Debts brings a solution for such debtors. Discharge of Debts as one of the ways of sanitation of debts in Czech law represents modern trends of European and American Insolvency law that joins the debtor back into the economic life. Discharge of Debts represents a possibility to solve the debtor's unbearable financial situation and to keep at least partially his living standards. For creditors it can be a way how to obtain at least part of their claims by the legal procedure. This text deals with actual Czech regulation of Discharge of Debts and compares it with foreign German regulation. In the first two chapters the basic terms and admissibility of Discharge of Debts are clarified and generally compared with Discharge of residual debts by the German law. Subsequently the author reports on single phases of insolvency proceedings...
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Reorganization with a focus on the procedural aspects of insolvency proceedings
Buchta, Adam ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reorganization with a focus on procedural aspects of insolvency proceedings The legal regulation of insolvency proceedings in the Czech Republic has been subjected to substantial modernization by the Czech act No. 184/2006 Coll., The Insolvency Act. The Insolvency Act comprehensively responds to recent development in the society and economic situation by implementing non-liquidation bankruptcy solutions. The purpose of this thesis is to provide complex insight in to the insolvency proceedings and its components, with a focus on its procedural aspects. The crucial part of this thesis is the analysis of the procedural proceedings, under which the reorganization is carried out. The thesis is composed of ten chapters, each of them dealing with different parts of the procedure. Chapter One generally defines insolvency proceedings as a specific type of civil procedure. Chapter is subdivided into three parts describing the concept and nature of the insolvency proceedings, as well as specific principles by which the insolvency proceeding is ruled by. Chapter Two characterises the entities and participants of the insolvency proceeding while presenting details on their characteristics, capacities and procedural rights. Chapter Three focuses specifically on the decision-making and supervisory activities of...
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Legal relationships to bankrupts estate in insolvency proceedings
Ďurovičová, Petra ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
English summary The aim of my thesis is to analyze the Institute of assets in insolvency proceedings, which will try to break down with regard to the structure of the provisions governing it in the Insolvency Act and also to make a comparison with the bankruptcy in the Act on Bankruptcy. With regard to the re-codification of private law and consequently the planned amendment to the Insolvency Act, it is necessary to further outline the changes of assets which that amendment would bring. I chose the topic of my thesis because of interest in the legal industry and also because of the knowledge of insolvency law with regard to the increasing importance of this area of law as a result of the increasing number of bankruptcies. The thesis is divided into six chapters dealing with various aspects of the assets. The first chapter provides a basic definition of assets and defines its scope, which is different according to the person lodging the bankruptcy petition. This chapter also sets out specific things, rights and other assets belonging to the assets or y those that do not belong. The second chapter discusses the process of identifying the contents of the assets. This chapter describes the different procedures and privileges of insolvency administrator. It also describes the obligation of debtor, public...
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