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Valuation of assets and claims of debtor in bankruptcy
Štelcl, Jakub ; Randáková, Monika (advisor) ; Bokšová, Jiřina (referee)
This diploma thesis deals with issues of the insolvency proceedings with further focus on methods of valuation of assets and creditor's claims. The thesis defines the basic terms of insolvency law and outlines the insolvency procedure. The following parts describe the basic principles of valuation in accounting and business valuation methods. The practical part deals with the analysis of the specific insolvency proceedings against NERIA a.s., focusing on the assets and its valuation.
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Prerequisites of successful reorganization of the company MOTORPAL, a. s.
Bejčková, Radka ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
This thesis focus on the insolvency proceedings, which were performed in the company MOTORPAL, a. s. During more than seventy years of its history, this company built its strong position on foreign markets in the area of production of fuel injectors for diesel engines and also now belongs between the largest employers in the Region of Vysočina. Constantly deteriorating financial situation forced the owners of the company to take strong measures to restore the company, which led, with the support of secured and unsecured creditors, to preparation and drawing up of reorganization plan. The plan was attached to insolvency application of the company, which meant that company chose the pre-packed reorganization as a way how to solve its bankruptcy. The thesis analyzes the main steps of whole process and highlights all the prerequisites which led to successful completion of this insolvency proceedings and to renewals of financial stability of this traditional Czech manufacturing company.
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Successful vs. failed reorganization
Kovář, Ondřej ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
The Master's Thesis is focused on reorganization as bankruptcy solution according to Act No. 182/2006 Coll., Bankruptcy and Settlement (Insolvency Act), as amended. With a usage of comparison method, it analyses two specific insolvency proceedings which were solved in past and on the basis of their mutual comparison identify important factors that were crucial to determine different results of the proceedings. The main goal of the thesis is to uncover the factors affecting the insolvency proceeding positively or negatively. In first theoretical part there is the analysis of Insolvency Act. The results and knowledge gained in the first part are applied to a comparison in the second one where various data from financial reports and index IN05 are used. These values together with IN05 model are applied as a reflection of important moments which had underlying influence on reorganization process result. In the end of the thesis there is the summary of all gained facts and also different important negative and positive factors are revealed. The thesis shows that it is very difficult to anticipate the result of reorganization for external subject.
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Reorganization as a financial form of dealing with bankruptcy of business corporation
Cetkovská, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
In this thesis, entitled "Reorganization as a financial form of dealing with bankruptcy of business corporations", the author intends to approach this institute of the Czech insolvency law in a coherent and comprehensive scale. The first chapter deals with the historical development of insolvency law as such, both in the world and in the Czech Republic. The intention of the introduction of the historical context of insolvency law is to facilitate the understanding of the meaning of insolvency law and its objectives. Historical excursion in this thesis leads from the very basics of insolvency law in Roman law, to the current form of Czech Insolvency Act. At the same time the creation of the Insolvency Act, including the impact of foreign legislation and European Union law, is briefly described in this section. In the next three chapters, the author deals with insolvency proceedings generally, more specifically with the fundamental principles underpinning the whole insolvency law, and that permeate throughout the insolvency proceedings, including reorganization. Individual sections describe specific principles which are applicable only within the insolvency proceedings and their introduction illustrates the meaning and purpose not only of reorganization, but also of the entire insolvency proceedings...
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The property estate in insolvency proceedings
Chuchro, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis deals with two main topics: the insolvency proceeding in Czech republic according the Incolvency Code, and the Institute of assets. It also provides short comparision of the chosen legal institutes of the assets between Czech and German insolvency codes. The purpose of this thesis is to define and describe the incolvency proceeding and the institute of assets and to evaluate the regulation of the Incolvency code and to predict the possible course of its future changes. The insolvency proceeding in Czech republic is a part of civil proceeding, and it is very specific because of its purpose, which is to solve the bankrupcy of the debtor and to achieve the maximum able repayments for his creditors. That is the reason why the insolvency proceeding must have its own specific legal principals and many specific rules devoted to achieve its purpose, so the Insolvency code includes many rules to prevent the possible misuse of these institutes for some other goals. This thesis deals with the subjects of the insolvency proceeding and their interests in the proceeding, their duties and competences and with their mutual relationships. The most importatnt of these subjects is the insolvency administrator, who is mainly responsible for the creation, administration and the final selling of the assets. This...
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The institut of administration In Czech and English law and its application in practice
Hlaváčková, Kateřina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The main goal of this thesis called "The institute of administration in Czech and English law and its application in practice" is to provide an overview of insolvency administration, its regulation and practical application in the Czech Republic and in England, to verify the hypothesis that administration, as a rescue solution for insolvency of companies, is, in comparison with the situation in England, being used insufficiently in the Czech Republic and its success rate is also low, as well as concluding, what is the reason of this situation. This goal has been fulfilled in four chapters. The first chapter contains the general definition of administration, its position in the system of insolvency law as well as an overview of its historical development. In the second chapter is described the practical usage of this legal institute in the Czech Republic, and this is done through an analysis of applicable law regarding administration but also insolvency proceedings as a whole, as well as analysis of available data regarding the application of administration, probability of its usage as well as positive outcome, in practice. The same is done for England in the third chapter, so the hypothesis can be validated and its causes analysed in the fourth chapter. As a result, the hypothesis has been proven....
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Position of spouses in insolvency proceedings
Syllaba, Ondřej ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis discusses insolvency proceedings regarding an insolvency of one or both spouses. The author aims to explain problems occurring during such insolvency proceedings. The thesis is not limited to a description of these procedural peculiarities, but also discusses their impact on the matrimonial property. The author addresses above all a debt discharge and a bankruptcy, for these are the most frequent mechanisms to resolve an insolvency of the debtor. On the contrary the author does not address the reorganization, for it is not very frequently used in practise. Furthermore, the author does not address a position of legal persons in insolvency proceedings, since it is not of any importance for this thesis. The author only describes the current legislation as it is. The author therefore neither discusses legislation and court rulings prior the 2013 insolvency act revision, nor considers the revision of the insolvency law that is currently (2017) under way. The thesis is divided into four chapters. In the first chapter, the author briefly discusses matrimonial property law, since it is essential in order to understand legal arguments in the third and fourth chapter of this thesis. Similarly in the second chapter the author briefly introduces insolvency proceedings and establishes essential...
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Assets in insolvency proceedings
Marian, Daniel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The subject of this thesis is the institute of assets, one of the fundamental legal institutes of insolvency proceedings, which plays an absolutely crucial role in the process of solving the debtor's bankruptcy and the satisfaction of the debtor's creditors. The purpose of this thesis is not to cover the legal institute of assets in all its breadth, but to try to present the legislation on assets and important legal institutes related to it in the Insolvency Act in context of insolvency proceedings. Furthermore, this thesis works with the conclusions of the judicial practice of insolvency courts, presents thoughts on the current state of the Insolvency Act and defines certain areas, in which amendments to the Insolvency Act should occur in the future. This work is divided into nine chapters with regard to the legal provisions of the Insolvency Act governing the institute of assets. After a brief introduction the first chapter deals with the historical development of insolvency law, the Insolvency Act and the definition of assets. The second and third chapters are focused on the extent and content of the debtor's assets in insolvency proceedings, including related institutes of invalidity and ineffectiveness of legal actions. The fourth chapter defines the process of identifying assets and the rights...
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Registration of claims in insolvency proceedings
Janoušek, Jan ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
RAISING CLAIMS IN INSOLVENCY PROCEEDING - ENGLISH ABSTRACT The aim of this thesis is to provide a comprehensive summary of institutes of an insolvency law related to the application of claims as well as defining the rights and obligations of creditors related to this topic with a closer focus on risk and problematic facts appearing in practice. All the text is based on the insolvency law effective at the time of its creation and besides the academic literature also often uses related practice of the courts. The introductory part presents an insolvency law in its historical and also contemporary context. It is listing the material sources and their brief characteristics needed to simplify the understanding of the substance of an insolvency law. For the same reason the initial chapters deal with the basic principles and terminology of an insolvency law, namely an insolvency proceeding, a bankruptcy and closely characterize particular ways of solving a debtor's bankruptcy. Another part of this thesis focuses on the actual debts. The legal analysis of the term debt and its types that are applied during insolvency proceedings is being carried out and it involves also the list of debts excluded. On the other hand this part includes the theory of debts with no need to be applied, since those are registered into...
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Discharge - as one of modes of resolving insolvency
Prokop, Rudolf ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Discharge - as one of modes of resolving insolvency Abstract Discharge from debts is one of modes of resolving insolvency according to Czech Insolvency Act (Act N.182 / 2006 Coll.). Discharge is ranked among so-called rehabilitation modes of resolving insolvency, whose purpose is not only the highest possible satisfaction of creditors, but also the protection of a debtor against unfavorable consequences of the insolvency proceedings. Discharge can be used to resolve insolvency of non-entrepreneurs and small businessmen. The purpose of this thesis is to comprehensively characterize discharge from debts as one of rehabilitation modes of resolving insolvency, describe all phases of the discharge procedure and focus on some specific problems of this institute. The thesis is composed of six chapters. Chapter One focuses on general characteristics of the rehabilitation modes of resolving insolvency. At the very beginning there is a definition of bankruptcy and a basic description of rehabilitation modes, followed by brief historical overview of Czech insolvency law. Last part of this chapter deals with rehabilitation modes in Insolvency Act and brief description of reorganization and discharge with emphasis on its personal applicability. Chapter Two concerns with a commencement of insolvency proceedings. It...
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