|
| |
|
| |
|
|
Insolvency administrator
Veselá, Dita ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This diploma thesis deals with the insolvency administrator and its function, which it performs in the insolvency proceedings. In my work I deal with the legal regulation of the insolvency trustee, its function in the chosen way of solving bankruptcy, and also assess the impacts of the changes made in recent years as well as the changes that this area is still waiting for. The aim of this diploma thesis is to analyze the institute of the insolvency administrator in terms of its role, significance and influence in insolvency proceedings. The objective is also to assess the change in the system of determining insolvency administrators by focusing on assessing whether the new method is actually more transparent and whether this change affects the transparency of the whole procedure.
|
|
|
Comparison of Czech and German insolvency law with insight in to practice
Chytil, Petr ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
As it implies from the title, aim of this thesis is to compare Czech and German insolvency law and find out differences, also on the practical level. Motivation to choose these countries came from facts, that both countries are economically connected and German law is traditional source of Czech law. Another aim is to find out, if the law of our western neighbours can be inspiration also for future changes to relatively new insolvency law in Czech. Because the title of this thesis is rather general, it was necessary to specify the content of this thesis with choosing main points. These are discharge from debts, reorganisation and insolvency administrator seen as a profession. Aim of this thesis is not to cover the insolvency law complexly. Thesis is divided into eleven chapters. First chapter is introduction and clears aims of this thesis. Second and third chapter describes the introduction to German insolvency law, which fairly overlaps the introduction to Czech insolvency law. Selected differences are mentioned in fourth chapter. Chapters five to seven are containing the main themes of this thesis, and these chapters are divided into subchapters with German law, Czech law and subchapter with comparison. The chapter about discharge from debts is rather extensive, because the concept of this legal...
|
|
|
Insolvency proceedings and their application in practice
Arnold, Edita ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
In this work, I have focused on solving problems of analysis of the debtor's bankruptcy in the Czech Republic in terms of its practical application. I interpreted the relevant provisions of the Insolvency Act relating to the issue of insolvency proceedings, and I tried to explain some of the problems that have occurred in connection with the application of the insolvency law. Work is conceived so as to explain the issue of resolving insolvency of the debtor in general. Individual chapters provide a general interpretation of the issue, both in terms of the Insolvency Court, which decides on insolvency proposals from the perspective of the legislature, trustee in bankruptcy, the creditor and the debtor. Given the scope of this study was important to examine the individual sub- problems of certain statutory provisions in detail. However, where they have been in practice for common problems and where there was confusion, there was given to wider attention to this issue. The work is complemented about judicial decisions, where are application problems practically interpreted.
|
|
| |
|
|
Position on insolvency administrator under insolvency law
Vacková, Kateřina ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The abstract Position on insolvency administrator under insolvency law This thesis describes the insolvency proceedings in view of the insolvency administrator. It deals not only with the position of the insolvency administrator in already running insolvency proceedings but also the prerequisites that must be met in order to become an insolvency administrator at all. It is processed with regard to the importance of the amendments to the act of the year 2013. Due to the financial crisis and growing indebtedness of population it is a very actual subject, which applies to almost all of us. The thesis is divided into six main chapters. The first is devoted to the person of the insolvency administrator with detailed terms and conditions for the emergence of the processed function relating in particular to integrity and tests and to the types of terminativ of their activities. The second chapter discusses the performance of the function with an emphasis to the appointment, amendment, withdrawal, exclusion and exemption from the function. The various types of insolvency administrators are discussed in chapter three. The largest chapter is the fourth one. This chapter discusses the General rights and obligationsc at first, which are common for all the types of resolving insolvency and it is followed by the second...
|
|
|
Assets
Beránková, Jana ; Zoulík, František (advisor) ; Smolík, Petr (referee)
Thesis, theme: Assets Author: Jana Beránková English Summary Assets in the insolvency proceedings is the subject of the submitted thesis. Assets is one of the fundamental legal institutions in insolvency proceeding, which forms the basis of the solution of the bankruptcy. Thanks to the precise definition of assets, accurately defined inventory of assets, and its breakdown (in relation to the debtor, creditors, and other persons), there is a fundamental and qualitative change as opposed to the legislation of the law on bankruptcy and settlement. This significant change occurred on the day of January the first 2008, when the Czech law of insolvency entered a new phase. The new insolvency act was passed, and at the same time the law on bankruptcy and settlement was invalidated. The new legislation does not solve bankruptcy only of the bankruptcy and composition, it uses the general concept of defaults that suggests this is a completely different solution concept. The insolvency area is understood much more comprehensively. The bankruptcy act use not the term "bankruptcy", but the assets. It's completely new term and new defininition of contents, not just the change of the name. In the original treatment the term bankruptcy applies onl y to the bankruptcy proceedings. On the contrary, the bankruptcy act defines...
|
|
|
The role of insolvency administrator in bankruptcy and discharge of debts
ŠINDELÁŘOVÁ, Jaroslava
The topic of the master thesis is the role of insolvency administrator in bankruptcy and dischargeofdebts. The thesis defines the role of an insolvency administrator in an entire process of aninsolvency proceeding, from administrator nomination to the end of the procedure. The first part of thesis describes the historical development of the legislation of insol-vency proceeding and its characteristic. The second part of the thesis is focused on the figure of the insolvency administrator and administrator and his nomination together with the conditions, how to get the authorization to exercise this function. The practical part of the thesis is focused on the comparison of the legislation ofinsol-vency proceeding before the amendment of the Act about insolvency from 1. 1. 2014 and the recent way of proceeding. In this comparison I am focusing on analysis of terri-torial action of individual insolvency administrators. All the information I have found, I use in practice thanks to the company Alva s.r.o., which provided me all the documen-tation needed to find out, if all the insolvency administrators work in the same way or not, and if they work as they should. In the conclusion of my thesis there is a summary of all the facts I have found out.
|
|
|
Discharge of debts by fulfilment of the instalment schedule
Sandholzová, Lucie ; Hásová, Jiřina (advisor) ; Kříž, Radim (referee)
The diploma thesis deals with insolvency proceedings where the debtor's bankruptcy is solved by discharge of debts by fulfilment of the instalment schedule. The aim of the thesis is to verify three hypotheses expressed in the introduction. The author evaluates bill amending Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), as amended, and certain other acts, which should become effective on 1 September 2016, particularly in the context the provision of services in the elaboration of an insolvency petition relating to the proposal to permit debt relief. More attention is paid to the performance of debt relief instalment schedule, especially Deductions from income of the borrower when one income, foreign income and income arising from the donation agreement or contract for retirement. The paper also compared the liquidation of seized property of the debtor in insolvency proceedings and enforcement proceedings. Finally, the work contains several proposals de lege ferenda, opinions of the author and their own approaches to solving problems associated with Discharge of debts by fulfilment of the instalment schedule.
|
guest ::
