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Personal bankruptcy of a consumer
ŠEDIVÝ, Filip
The bachelor thesis deals with debt relief for non-business individuals. The indebtedness of Czech households is high and growing. If a debtor does not have the means to repay his or her outstanding liabilities, he or she can easily fall into a debt trap. For many of them, the only way out is debt relief, which is one of the options for resolving bankruptcy. For debtors, insolvency represents the chance of a new life without debt if they successfully go through the insolvency process. The bachelor thesis describes the issue of household debt, compares the development of the legal regulation of the insolvency law, explains the basic concepts of insolvency proceedings and describes the process of the insolvency process itself. The practical part focuses on the development of the number (and success rate) of personal bankruptcies, evaluation of the data obtained and testing of hypotheses. The aim of the work is to compare the development of the legal regulation of debt settlement, describe its course and evaluate the use of this insolvency instrument by consumers on the basis of data obtained directly from the insolvency register.
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Institute of debt relief in the light of amendments of the Insolvency Act
Majerová, Kristýna ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Institute of debt relief in the light of amendments of the Insolvency Act Abstract The rigorous thesis is aimed at a thorough analysis of the debt relief process from the perspective of a judicial assistant of an insolvency court judge, not only in theoretical but especially in practical terms. Individual chapters correspond to the systematisation of the Insolvency Act, while taking into account the shortcomings of the legislation that lead to interpretation or application difficulties in insolvency practice. A key role in this respect is played by case law, which further regulates and unifies some institutes, while contributing to the excessive formalism of judicial practice in other cases. The thesis is structured into seven chapters that provide a comprehensive view of the process of debt relief. The first one focuses on the basic principles, concepts and sources of legal regulation, including the so-called Lex Covid laws. Insolvency law is a very distinct branch that has undergone a really dynamic development in recent years. In this respect, a significant role was played primarily by the so-called debt relief amendment, which fundamentally redefined the conditions of debt relief in favour of debtors. The concept of chapters two to five corresponds to this. They take into account the continuous process...
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The role of civil society in tackling indebtedness, with an emphasis on citizens' advice centres
Neckářová, Věra ; Legnerová, Kateřina (advisor) ; Muhič Dizdarevič, Selma (referee)
The presented work deals with the role of civil society in solving indebtedness with an emphasis on civil counselling. It captures civil society organizations as an important part of society that operates between the state, the market and individuals. It describes the development of the issue of indebtedness in the Czech Republic. It maps the emergence of citizen advice and the development of the way citizen advice in general and more specifically in the area of debt issues. It describes the main actors in the field of debt solutions who operate among civil society organizations from the point of view of civil advice.
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Ethical and social impacts on individuals in insolvency
ČADKOVÁ, Karolína
The diploma thesis deals with the impacts on the ethical and social level on individuals who are in the process of debt relief. The aim of this work was to analyze and describe these impacts, and based on the findings to suggest some solutions that could positively affect the debt relief process by key actors, including social workers, the state and the debtors themselves. The thesis also describes the social context together with debt issues and explains the basic framework of the institute of debt relief. The evaluation took place through qualitative research, in which the identified topics were subsequently reflected. Finally, some specific steps are formulated, on the basis of which the negative impacts associated with the insolvency process could be mitigated.
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Businessman as a subject of insolvency proceedings
URBANCOVÁ, Markéta
The aim of the diploma thesis is directed at the process of insolvency proceedings, in which the businessman acts as a debtor, or the so-called subject of insolvency proceedings. The theoretical part deals with the basic concepts, subjects of procedural proceedings and the insolvency process itself. It discusses ways of resolving the debtor's bankruptcy and does not omit significant recent changes in the insolvency law, nor historical developments in the field of insolvency. In the practical part, the insolvency register is a supporting source in data collection. For the purposes of the diploma thesis, we work with real subjects, ie. insolvent debtors. In the analysis of individual cases, the greatest emphasis is placed on the debt relief amendment No. 31/2019 Coll. IZ. The aim of the thesis is to analysis insolvency proceedings from the point of view of entry conditions of businessman in debt relief before and after a significant change in the Insolvency Act in 2019, evaluate the impact on businessman and find out whether the amendment generally contributed to streamlining insolvency proceedings.
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Changes in Debt Relief Self-Employed Persons after Amendment to the Insolvency Act
VONDŘEJC, Tomáš
The bachelor thesis describes the main changes in debt relief after the amendment of Insolvency Act No. 31/2019 Coll, which is effective from the 1st of June 2019, amending Act No. 182/2006 Coll., Bankruptcy and the Methods of its Resolution. The thesis provides basic information on insolvency proceedings, the historical development of the Insolvency Act, the characteristics of debt relief, bankruptcy and reorganization. Another part of the thesis also deals with the amendment to the Insolvency Act, which aims to alleviation the negative consequences of the covid-19 pandemic on the economic situation of citizens and self-employed persons. The practical part detects the view of amendment No. 31/2019 Coll., from insolvency administrators and judges of the insolvency section of the Regional Court in České Budějovice and evaluates the results with predetermined hypotheses.
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The role of a social worker in debt counseling
HANÁK, Radek
This undergraduate thesis describes the role of social worker helping elder citizens in debt. The most common cause of debt for seniors is their will to help to close relatives. Senior citizens are often victims of scammers who force them to buy unnecessary goods. Seniors often do not realize their financial situation and they fall into debt. If a distrainor is involved, it is a race with time due to the risk of loss of property and real estates. There is a chance for a return to peaceful life thanks to the Insolvency law as their debts can be eliminated after a 3 year period. There are strict conditions to fulfill hence it is suitable to discuss the situation with social workers specialised in the field of debts.
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Discharge of debts of self-employed persons in the perspective of latest changes
SMUTNÍKOVÁ, Kristýna
The bachelor thesis is focused on the institute of debts relief, which is one of the possible way used for solving econo-mic failure of self-employed persons. This method of sanitation of self-employed persons is permitted from 1. 1. 2014 by law. Text reflects the changes following the amendment of the Insolvency Act from 1. 6. 2019 (Act 31/2019 Coll.). Work analyses the trend of insolvency proposals (according to the regions and individual economic activities of CZ-NACE), satisfaction of creditors, accomplished and cancelled debt relief. Thesis examines the influence of self-employed persons on the Czech economy. It identifies the importance and need of these persons for the efficiency of the country and their return to healthy economic life. Bachelor thesis also shows detailed algorithm for calculation of repayments in discharge of debts.
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Discharge of debt from the insolvency practitioner's point of view
Koucký, Jiří ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
1 Discharge of debt from the insolvency practitioner's point of view Abstract The rigorous thesis provides a detailed view of the debt discharge process, as a remedial way of resolving the debtor's bankruptcy, from the perspective of the insolvency practitioner. It contains an overview of his duties and tasks in chronological order as he encounters them during the proceedings from the moment of his appointment until his dismissal. This demonstrates the amount of work and the need for sufficient professional qualifications of the practitioner. The individual chapters discuss some application or interpretation problems with a possible practical solution, based primarily on case law, opinions of experts, judges, literature and professional articles. These findings are sometimes supplemented by the author's opinion or a note about the method of insolvency practitioners or courts in practice. The thesis also deals with the financing of the insolvency practitioner's agenda in debt discharge and evaluation of whether it is sufficient due to the gradual increase of duties in this kind of insolvency proceeding in recent years, but also in connection with future changes in debt discharge, which currently brings European law. These changes are evaluated in terms of their impact on the debt discharge process, including...
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The Rights and Duties of natural Persons during Proceedings on Discharge of the Debt
Šůsová, Táňa ; Frintová, Dita (referee) ; Smolík, Petr (referee)
The rights and duties of natural persons during proceedings on discharge of the debt Abstract The main aim of the thesis is to describe the institute discharge of the debt that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The thesis analyses the discharge of the debt from the perspective of the debtor, natural person. The thesis presents a status of the debtor, his rights and duties during insolvency, respectively presents the discharge debtor of his debt. The purpose of the thesis is to describe valid legal regulation, the description of the court decisions in the use of the Insolvency Act, the expert's opinions and the problems with the imperfection of the Insolvency Act, in the part of the discharge of the debt. In the first part, the thesis characterizes the history of the insolvency act and discharge of the debt in the Czech countries since 18th century. Next chapter defined some terms for the thesis important. Specifically, there is defined the term of the debtor. With regard to the discharge of the debt as one of debt-eliminating modes of solving bankruptcy of the non-businessmen's person, the thesis analyzes the term of non-businessmen's person in one of the subchapter. There are defined next terms, guarantor, co-debtor, the term of husband or wife of...
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