|
|
Secured Claims in Czech Insolvency Proceedings
Schwarz, Jaroslav ; Sedláček, Miroslav (referee)
102 Abstract: Secured Claims in Czech Insolvency Proceedings The topic of this thesis are the secured claims in the Czech insolvency proceedings. This topic has been chosen by the author primarily with regard to the importance of the secured, often institutional, creditor for the insolvency proceedings and, therefore, for the market of financing of the business units and for the economy as whole. The aim of this thesis is not a description of the security interests but analysis of chosen practical issues which are often spotted by creditors within the Czech insolvency proceedings. Where appropriate, the author drew his attention primarily to the going concern solution of the corporate debtor's insolvency. In the thesis the author repeatedly comes to an end that mainly in reorganization it is important for the creditors to actively protect their rights and think about potential proceedings strategy. The reason is that the reorganization offers wide possibilities to exercise totally different interests by the creditors. In the thesis the author demonstrates that in spite of many novelizations the insolvency law in many areas does not correspond to the general legal regulation of the security interest and suggests that this discrepancy is being dismissed as soon as possible. The author is convinced that with...
|
|
|
Úpadek fyzické osoby - nepodnikatele a způsoby jeho řešení
Vaverková, Eliška
Vaverková, Eliška. A decline of a natural person (non-entrepreneur) and the ways how to solve it. Bachelor thesis. Brno: Mendel University, 2017. The goal of the bachelor thesis is the issue of insolvency process of natural persons. In this thesis will be describe basic theoretical aspects related with insolvency process, which will be apply in particular cases from insolvency list. At the end of this thesis will be evolved attitudes and recommendations to specific cases and to insolvency process generally.
|
|
|
Účetní a daňové dopady konkursního řízení
Šrámková, Petra
This diploma thesis deals with insolvency proceedings, respectively one of the methods of solving insolvency, ie bankruptcy. The thesis is based on valid legal regulation, ie Act No. 182/2006 Coll., on bankruptcy and methods of its solution (insolvency law), comments on gradual amendments to the insolvency law and analyzes the changes brought about by the last amendment of 2017. The practical part deals with the process of bankruptcy in practice and seeks to analyze financial statements using financial models to predict the approaching bankruptcy of the company or whether it is possible to derive recommendations for falling companies based on the findings.
|
|
|
Bankruptcy as a mode of resolving debtor's insolvency
Vaníček, Petr ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Bankruptcy as a mode of resolving debtor's insolvency Abstract The subject of this thesis is bankruptcy as a mode of resolving debtor's insolvency. Bankruptcy (sometimes also referred to as liquidation) is simply a mode of solving insolvency, which mainly deals with the realization of debtor's assets and is also a universal way of solving bankruptcy available to all debtors. Despite this, it is not paid a lot of attention lately, which is much more focused on remediation methods, such as reorganization and debt relief. This thesis gradually acquaints the reader with the legal regulation of the most important legal institutions related to bankruptcy and selected connected context, which usually have a major impact on bankruptcy process or can cause problems. The first chapter is devoted to a more detailed introduction into the world of bankruptcy and bankruptcy law in terms of its historical development. The second chapter describes the insolvency petition and the debtor's path to bankruptcy, a prior stage of the proceeding. Its inclusion was necessary due to the many interconnections of insolvency proceedings. Probably the most important part is concentrated in the third chapter, where the problematic parts of the effects that the declaration of bankruptcy causes in the sphere of the debtor and the mutual...
|
|
|
Chosen juridical aspects of position debtor in insolvency proceedings
RUDOLFOVÁ, Vladimíra
The thesis consists of a brief introduction to this topic and of a theoretical and practical part. The theoretical part discusses general terms (part 2), i.e. subject-matter, failure, subject-matter and territorial jurisdiction, procedural entities, failure hearing and ruling, a debtor's insolvency petition as well as the individual ways of handling a debtor's failure. The part concerning the ways of handling failure through bankruptcy (part 3) discusses the effects of a bankruptcy declaration on in-progress proceedings, the monetarisation of assets, bankruptcy cancelation and the effects of a bankruptcy declaration on the community property of spouses. Part 4 discusses other ways of handling failure, i.e. reorganisation. This part includes court jurisprudence of problematic cases, which concerns the current legal regulations. Part 5 discusses the latest and currently most used way of handling a debtor's failure, i.e. debt relief. The practical part shows a debtor's accounting of a specific accounting case that concerns a debtor's failure through bankruptcy and contains an individual's debt relief petition and a debtor's (business company's) insolvency petition for bankruptcy declaration. The end of the thesis summarises this issue and points out the importance of having basic knowledge of this issue for individuals and legal entities.
|
|
|
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...
|
|
|
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...
|
|
| |
|
| |
|
|
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.
|
guest ::
