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Insolvency administrator's remuneration in bankruptcy
Netroufal, Dominik ; Sedláček, Miroslav (advisor) ; Holčapek, Tomáš (referee)
Insolvency administrator's remuneration in bankruptcy Abstract This thesis is divided into nine individual parts, the aim of which is to introduce the reader to the issue of insolvency administrator's remuneration in bankruptcy. The first parts primarily introduce the institution of insolvency proceedings, the insolvency administrator and concepts related to these institutes. Subsequently, in the next part, the thesis deals with concepts such as the bankruptcy estate, monetization of the bankruptcy estate or the proceeds of monetization. In the following parts, the thesis deals with the remuneration of the insolvency administrator in bankruptcy, in which it analyses its essence, the reasons for its existence and then the functioning of the institute itself. The ambition of this thesis is to provide the reader not only with a general idea of the insolvency administrator's remuneration, but also of its functioning. The aim is also to present the method of determining the insolvency administrator's remuneration, its calculation, its historical and current amount, as well as related institutes and concepts, such as the use of the advance payment of the insolvency administrator's remuneration, the moderation right of the insolvency court, or the reasons for reducing and increasing the insolvency administrator's...
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Specifics of bank insolvency proceedings
Berger, Petr ; Tomášek, Petr (advisor) ; Liška, Petr (referee)
Specifics of bank insolvency proceedings Abstract The diploma thesis deals with the specifics of bank bankruptcy with the aim of analytically evaluating the current legislation. The thesis is divided into four parts. The first part deals with the general legal regulation of the bank and other related institutes such as the banking license or the protection of the bank's business name. It also deals with banking supervision, which is exercised by the Czech National Bank and is extremely important during the bank insolvency proceedings. The next section discusses the specifics of bank bankruptcy proceedings. The part is divided into several chapters. Bank insolvency proceedings are specific from the filing of the insolvency petition, which is discussed in the first chapter. The second chapter deals with the only possible way to resolve a bank's insolvency, which is through bankruptcy. The bank insolvency administrator, which is the subject of the next chapter, is specific in terms of the expertise required by the legislation. The last chapter then mentions the specificities arising in the course of bank insolvency proceedings and is divided into 5 points. These points describe the special information obligation, claims arising from the accounts, priority satisfaction of certain claims, the special procedure...
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The Optimalization of Debts Recovery Procedure
Poláchová, Jana ; Lahoda, Miroslav (referee) ; Musilová, Helena (advisor)
Thesis pursue an aim to introduce reader to problem of unsettled debts, outline way of debts recovering at company ORKÁN plus, s.r.o. (L.t.d.) and draw up system of debts recovering procedure apllicable to consulting companies. Theoretic part of thesis defines a debt, shows certain stages of debt lifetime, and deals with 1) comparison of debts recovery procedure through court process (soud) and through (exekutor) 2) comparison of two basic ways of execution of a decision Analytic part of thesis consist of brief introduction of ORKÁN plus, s.r.o. (L.t.d.) company, analysis of present debts filing system at this company, then analysis of debts amortization and adjusting entries creation from tax and accounting standpoint, as well as analysis of company finance stability with regard to overdue debts. Part called „own proposed solutions“ contents recommended procedures of debts recovery and suggested improvement of present system of debts recovery procedure.
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Pre-conditions for adjudication of bankruptcy
Morysek, Tomáš ; Zoulík, František (advisor) ; Smolík, Petr (referee)
in English The thesis is composed of seven chapters. The first one is an introduction. In the second chapter I summarize the reasons, why a new regulation of insolvency law was needed. The third chapter is about pre-conditions for adjudication of bankruptcy in general and about the sources of their regulation. The fourth chapter is about the pre-conditions that are based in the material law and especially about all aspects of bankruptcy. The chapter No. 5 describes the conditions of civil and insolvency proceeding. Separately in chapter No. 6 is a describtion of moratorium. The thesis ends with conclusions.
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Realisation of assets in insolvency
Backa, Jakub ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Realisation of assets in insolvency Abstract Even after seven years since the Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), which replaced Act no. 328/1991 Coll., on Bankruptcy and Settlement, has come into effect, there are still gradually emerging problems in interpretation and application of this act. This thesis aims to provide a detailed analysis of the process of realisation of assets in insolvency. The structure of this publication follows chronologically the procedure for realization of the assets in insolvency. Firstly, the author examined various entities of the insolvency proceedings, incl. insolvency court, insolvency trustee and different groups of creditors. In following parts the author defines a concept of insolvency assets and analyses a process of searching for the assets, their listing and removal from the list of assets as well as the administration of assets before their sale not missing out the issue of instructions of secured creditors for the administration of the assets. Subsequently, the author offers description of the process determining the method for realization of assets in insolvency and then individually analyses various ways in which assets could be sold: sale in auction, judicial sale, sale without auction and sale in auction organised by an...
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Modes of insolvency solution of non-entrepreneurial natural persons
Poštová, Tereza ; Macková, Alena (referee) ; Smolík, Petr (referee)
Modes of insolvency solution of non-entrepreneurial natural persons The development of credit transaction and associated rising debt of households, led to a non entrepreneurial natural person becoming the typical subject of modern insolvency law. Act No. 182/2006 Coll., on Insolvency and its solution (Insolvency Act) gives consumers the possibility of remediation mode of solution of their insolvency through discharge of debt, which allows debtor to solve his unfavourable economic situation given at least part of his debts is satisfied in such a way that he avoids a devastating impact of his debt and has a chance of exiting the debt spiral and to starting over. The thesis deals with insolvency of these persons and modes of its solution, based not only on the current legislation, but also on judicial practice because a whole range of issues have been solved only within this framework. The change should be brought about by the so called conceptual amendment of the Insolvency Act, prepared by the Ministry of Justice, whose goal is to incorporate disputed issues and issues unsolved in the Insolvency Act. The prime purpose of my thesis is to analyse the process of consumer's insolvency solution, especially focusing on discharge of debt and the slight bankruptcy and its specificity with emphasis on issues...
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Pre-conditions for adjudication of bankruptcy
Brucknerová, Barbora ; Zoulík, František (advisor) ; Smolík, Petr (referee)
Conditions for adjudication of bankruptcy The purpose of my thesis is to analyse conditions for adjudication of bankruptcy. My thesis is composed of nine chapters, each of them dealing with different aspects of the conditions for adjudication bankruptcy. Chapter One is an introduction and defines my motivation for writing about conditions for adjudication of bankruptcy. I have chosen this topic because I'm interested in the issue of insolvency law. In my opinion, this is really an up to date topic, as there are recently more and more people and companies which are in financial trouble. Chapter Two is subdivided into two subchapters. Subchapter One defines the term of bankruptcy and the development of its meaning over the years. Subchapter Two describes the systematic of the Insolvency Act (Act No. 182/2006 Coll. On Insolvency and its Settlement Methods) and explains the classification of bankruptcy within the Act. Chapter Three covers the historical development of the conditions, starting in 1781 with Josephine Bankruptcy Act. It provides a short illustration of the transformation in the conditions for adjudication of bankruptcy over the past years. Chapter Four characterises the conditions for adjudication of bankruptcy and enumerates them. This chapter generally divides the conditions to the substantive...
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Rights and duties of the insolvency trustee in bankruptcy
Zouchová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Rights and duties of the insolvency trustee in bankruptcy The topic of this Master's thesis is rights and duties of the insolvency trustee in bankruptcy. The aim of the thesis is to describe activities of insolvency trustee that are related to the solution of debtor's decline by bankruptcy. The insolvency trustee is an important subject of insolvency proceedings; in the case of bankruptcy his task is primarily related to activities associated with the estate, with its liquidation and distribution of proceeds. First chapter focuses on insolvency proceedings in general. First part deals with historical context; second part analyzes the process of insolvency proceedings with a respect to different ways of resolving the debtor's decline - reorganization, discharge from debts and specific ways (i.e. a slight decline and the bankruptcy of financial institutions). In the next chapter, the bankruptcy is discussed as another way how to solve the debtor's decline, regarding to the subject of the thesis. The third chapter is divided to two sections. The first analyzes the term "insolvency trustee" and also defines specific types of this subject of insolvency proceedings. Individual subsections focus on the each specific type. The second section deals with responsibility of insolvency trustee. The last and...
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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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Registration and Satisfaction of Secured Claims in Bankruptcy
Kučera, David ; Sedláček, Miroslav (referee)
This diploma thesis deals with an issue of secured claims in an insolvency proceeding, focusing mainly on secured claims in the process of resolving debtor's insolvency by bankruptcy. The aim of the thesis is an analysis of registration and satisfaction of secured claims, i.e. claims that are associated with the right to the satisfaction from the collateral, taking into account the relevant case law of higher courts. The thesis also includes parsing of selected problematic legal issues, including de lege ferenda recommendations for its solution.
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