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Insolvency proceeding and the institute of bankruptcy
Sedláček, Jan ; Cvik, Eva Daniela (advisor) ; Michal, Michal (referee)
Diploma thesis deals with the institute insolvency proceedings and especially solutions in insolvency process of self-employed people. The first part is orientated on solution form in insolvency process and the difference between insolvency, bankruptcy or reorganization. According to the wording of the Act no. 182/2006 Coll., which speaks about insolvency and the way of solving. The first part also explains reasons between the ways of solving. The second part contains analysis and comparate about the difference of conditions in different county courts in the Czech republic and there is focused on the result of insolvency process.
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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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The quality of insolvency law in the market economy of the Czech Republic
FOLVARČÍKOVÁ, Nikola
The topic of this thesis is the quality of insolvency law in the market economy of the Czech Republic. The aim of the thesis is outlining the course of the insolvency proceedings and introducing basic ways of resolving bankruptcy of a debtor, which means declaring bankruptcy, the discharge of the debt and reorganization. The work focuses in more detail on problems of the discharge of the debt. The main aim of this work is calculating an average amount of satisfaction of unsecured creditors in case of resolving bankruptcy by declaring bankruptcy, reorganization, or the discharge of the debt on the ground of data from the insolvency register which is accessible to the public. There were used samples of proceedings at the Regional court in České Budějovice (hereinafter referred to as "the Regional court in ČB"). The data were subsequently compared with an amount of satisfaction according to statistics. The representative sample consists of the finished insolvency proceedings in the first trimester of years 2011 2015 at the Regional court in ČB.
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Claims in insolvency proceedings - obligations of the insolvency practitioner
Plzáková, Nikol ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This thesis deals with claims in insolvency proceedings primarily focusing on the obligations of the insolvency practitioner which arise when dealing with these problems. The aim of this study is to map out all the mentioned claims throughout the whole insolvency proceedings and describe the main role of the insolvency practitioner during the process. The analysis was based on regulations of the Act no. 182/2006 Coll., on Bankruptcy and Its Resolution (Insolvency Act), accompanied by fundamental judicatureand thorough literature review. In addition, the results of this work were also interpretations of the lifecycle of claims from their existence in insolvency proceedings to their extinction.
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Insolvency crimes
Kňourková, Ivana ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
This thesis deals with insolvency crimes. The aim of this thesis is to evaluate the adequacy of the legal provisions of the Criminal Code. Examined criterion is to confirm or refute the hypothesis that the criminal law should be used as a tool to sanction very serious crimes. The work is divided into four chapters. The first chapter describes the basic concepts of substantive criminal law. The second chapter focuses on the interpretation of terms related to insolvency crimes. The third chapter deals with individual bankruptcy crimes. The fourth chapter deals with bankruptcy crime committed on the territory of the Czech Republic, the end of the chapter is devoted to the evaluation of the adequacy of the legislation.
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Legal aspects of the application claims in insolvency proceedings
PROCHÁZKOVÁ, Jana
The process of the insolvency proceeding is delineated in this bachelor work, including its participants, deadlines and the basic concepts of interpretation. This bachelor thesis is dedicated to the application creditor's debt against the debtor who is bankrupt because of overindebtedness or insolvency. Practical part analyzes progress in completing the application of the insolvency proceedings. Throughout the work is pointed to an amendment of insolvency law as a result of the recodification of private law, which it came into effect from 1st January 2014. The work also points to certain inadequacies and inaccuracies, and therefore the work contains some suggestions de lege ferenda.
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Insolvency administrator
Marková, Jana ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The bachelor thesis deals with the institute insolvency administrator. It consists of two parts (chapters), each chapter contains several subchapters. The first part deals with insolvency proceedings, namely bankruptcy and its solutions are also discussed principles of insolvency proceedings and also characterized procedural subjects. The second part is dedicated to the insolvency administrator - its establishment in functions, activities and responsibilities, accountability, and also the amount of remuneration and reimbursement of cash expenses due to him. Space is also given to other types of administrators. Conclusion reflects the activity and the need of person of administrator and express an opinion on the remuneration.
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Comparison of creditor and debtor reorganization
Čermáková, Radka ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
This diploma thesis deals with resolving bankruptcy by reorganization with emphasis on partition on creditor and debtor reorganization. In theoretical part, there are explained basic concepts and ways of bankruptcy resolving according to the Insolvency Act effective from 2008. In practical part of this thesis, there are performed four examples of creditor and debtor reorganizations. As examples of debtor reorganization were chosen cases of Technistone, a.s. and Starorolský porcelán Moritz Zdekauer, a.s.. As examples of creditor reorganization are performed cases of MSV Metal Studénka, a.s. and Oděvní podnik, a.s.. All these cases are clearly described and timelines of each case are performed. In the end of this thesis there is made comparison of these cases.
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Insolvency proceeding in practical example
Bernardová, Vendula ; Novák, Miloš (advisor) ; Svoboda, Jan (referee)
The thesis deals with insolvency proceeding and the aim of this thesis is to point out some facts thanks to practical examples and to become these facts were already less. The thesis is divided into six chapters, where it is analyzed the history of bankruptcy law, what is the decline and then insolvency proceeding. The final chapters are devoted to practical examples and situation in Czech Republic from efficiency the insolvency Act.
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Reorganization
Linert, Jiří ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
Thesis deals with reorganization. The goal is to identify its weaknesess as a form of bankrupcy solution, factors impending wider usage and suggest improvements. The first chapter is devoted to the legislation of reorganization effective from the 1st January of 2014 with reference to the changes brought by it. The second chapter aims to map existing practice. Thus, what is the position of reorganization as a form of bankrupcy solution. The initial impact of the amendment to the Insolvency Act will be evaluated on a basis of available statistics. The most important findings are summarized in the conclusion.
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