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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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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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Legal aspects of the position of secured creditor in insolvency proceeding
HORÁKOVÁ, Kateřina
In this work are delineated the rights and obligations of creditors, especially secured creditors during insolvency proceeding. There are highlighted specifics of the secured creditors arrising from their position. Throughout the work is also 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. Due to the changes have occured certains certain inadequacies and inaccuracies, therefore, the work contains several suggestions de lege ferenda. The work contains what the creditors, especially secured creditors have to do with acounting of this debts and tax payment from this debts.
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Creditors’ claims in Insolvency proceeding
Metzová, Nika ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis with the titled Creditors' claims in Insolvency proceeding deals with the possibility of setting up the claims of creditors in case that the court declared the debtor insolvent and was therefore initiated insolvency proceeding according to the Act no. 182/2006 Col., on Insolvency and Its Resolution (Insolvency Act). The introduction of the thesis also pays attention to other possibilities of enforcing and lodging the claims whether in extrajudicial proceedings or in proceedings before the court by filing an action against the debtor or in proceedings before the court or arbitration and subsequent recovery options of enforceable claims. The main aim of this thesis is to present a detailed analysis of the process of submission of claims in insolvency proceedings from the moment of initiation of the proceeding through submission of the claims to the insolvency court to their reviewing and their possible denial (together with adversary disputes) or their finding and final satisfaction. The chapter that describes the different types of claims is also closely related to the process of submitting, reviewing and satisfaction of claims as the type of the claim may determine whole process of its submission and satisfaction in the insolvency proceeding. Last chapters describe the satisfaction of admitted claims depending to the chosen method of the insolvency resolution and the destiny of unsatisfied of claims when the insolvency proceeding is over. At the end of the thesis is a practical example that should illustrate the procedure of filling the Claim submission form, including all elements of formal and content requirements.
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Restructuring overseas company under the English law
Davídková, Andrea ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This bachelor thesis deals with the options of solving restructuring overseas companies under the English law. The emphasis is put on the individual decisions, which were released by the courts. In addition, the work introduce to the target reader, a provisions, which were a backbone for judicial decisions. The aim of the bachelor thesis is to familiarize the reader with the various court decisions and the conditions under which it is possible to restructure companies under English law. With regard to the issue the work is purely theoretical.
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The process and conditions of insolvency proceeding – Schuss Praha s. r. o.
Nováková, Lucie ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
This thesis deals with insolvency proceedings both from theoretical and practical point of view. The aim is to make the best and most accurate definition of the procedures of insolvency proceedings by the bankruptcy court, trustee in bankruptcy, but also the debtor. I tried to accurately describe the stages that the proceeding goes through, from an insolvency petition to the court decision of its termination. I applied the findings on a practical example of a particular company, Schuss Praha s. r. o.
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Insolvency crimes
Bernardova, Vendula ; Moravec, Tomáš (advisor) ; Žák, Květoslav (referee)
As it is evident from the theme of bachelor thesis, it deals with insolvency crimes. The aim of this thesis is to create a unified overview of selected insolvency crimes and also provide an explanation of basic concepts of criminal and bankruptcy law. The thesis is divided into six chapters. The first five chapters are devoted to the basics of the criminal law, for example what the crime is, which charakteristics it has, etc. The final chapter discusses the mere insolvency crimes.
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