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Legal disputes caused by execution and bankruptcy proceedings
Vepřková, Petra ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The aim of this thesis is to define the disputes arising from the execution and bankruptcy proceedings, to categorize them to the systematic framework, to outline their nature and to create a comprehensive overview about these disputes. The thesis is devided into three chapters, which are subdevided into subsections and parts. The first chapter of this work is aimed to the general issues, that have the influence on creating and forming of disputes resulting from the execution and insolvency proceedings, because it would be impossible to capture this topic coherently without these initial premises. Thereof, there are incorporated the conceptual definition of the execution proceedings and the principles of the execution proceedings, particularly considering the principle of protection of the obliged person and the principle of protection of third parties. In the part dealing with the aspects that form the disputes in the insolvency proceedings there are indicated the historical development of the insolvency, the overall characteristic of the insolvency proceedings, its specific principles and the difference from the former legislation. Further, for making a general overview of disputes arising from the execution and insolvency proceedings, there is also included in the first chapter the classification...
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Financial Analysis of companies undergoing bankruptcy later
Bezuchová, Alena ; Randáková, Monika (advisor) ; Bokšová, Jiřina (referee)
The work "Financial Analysis of companies undergoing bankruptcy later" deals with the issue of bankruptcy debtor. It analyzes the situation where the company gets into financial distress and financial analysis examines indicators that best represent the financial situation and the impending decline. It continous with bankruptcy and insolvency of the debtor, and these two parts solves from both a legal and from an accounting perspective. Both parts are supplemented by short illustrative examples, which should help clarify emerging issues. In the practical part a three companies were selected, which are currently in bankruptcy proceedings. In these were applied selected indicators from the first chapter and last part describes various bankruptcy proceedings.
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Comparison of corporate bankruptcy solutions
Halama, Adam ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
The aim of this bachelor thesis is to compare solutions of corporate bankruptcy in the Czech republic and Poland. The content of this thesis are described insolvency proceedings in both countries and their following comparison based on international statistics. A benefit of this thesis is a different view on insolvency environment by help of comparison with Poland. The comparison criterions are the main indicators for evaluation of effectiveness of insolvency proceedings in both countries. The reasons for values of the criterions of time, cost and recovery rate of insolvency proceedings are stated with most imported causes for those values.
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Takeover of through insolvency proceedings (SAZKA, a.s.)
Nedvědová, Nikola ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
This thesis deals with takeovers in the Czech environment according to the Insolvency Act No. 182/2006 Coll., which passed an amendment to the 1. 1. 2008. There are methods of resolving insolvency of the debtor and principles of insolvency proceedings which should be followed during the insolvency process. Work distinguishes friendly and hostile takeover. The theoretical part provides an overview of possible ways of takeover, the reasons that motivate new owners to think about a possible takeover and globally applicable defense strategies. Another theoretical starting point is consideration of the reorganization of the company, which may be conducted by both the debtor and of the creditor(s). The practical part describes the hostile takeover of SAZKA from its history, through description of the key moments of crisis to insolvency proceedings which resulted in the bankruptcy of the debtor. Subsequent hostile takeover was directed by PPF and KKCG, which bought up commitment wagers and therefore became important creditors (controlling the betting and lottery activities) and later winner of the tender for the sale of the entire company. This case is a textbook example of takeover of the company, which had fallen into financial distress. The battle for the largest lottery company in the country was very hard, long and eventually resulted in a very profitable business, which fell into the arms of a single owner.
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Raising claims in insolvency proceedings
Kadlec, David ; Zoulík, František (referee) ; Smolík, Petr (advisor)
Raising claims in insolvency proceedings Quality insolvency law of economic entities is in addition to civil and commercial law one of the pillars of a developed market economy. In case the insolvency law allows relatively simple application of claims and is a guarantee of the recovery of substantial amount, it can positively influence business environment as well as enhance legal certainty of legal relations. In this area, Czech Republic with its previous legislation represented by Act No. 328/1991 Coll., on Bankruptcy and Settlement despite its numerous amendments, lagged behind its neighboring countries like Slovak Republic e.g., where this rule has been replaced by Act No. 7 / 2005 Coll., on Bankruptcy and Restructuring already since July 1st 2005. Important change came with the Act No. 182/2006 Coll., on Insolvency and Methods of its Solution, which is a complex recodification effective from January 1st 2008. Besides the overall modernization its primary aim was to relieve the shortcomings of prior legal form that have been visible mainly in very weak position of creditors in the proceedings, its slowness and low level of satisfaction of creditors' claims. The effectiveness of the new rules and their targets have been largely achieved after almost two years. The influence of creditors asserting their...
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The process and conditions of insolvency proceeding – Schuss Praha s. r. o.
Nováková, Lucie ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
This thesis deals with insolvency proceedings both from theoretical and practical point of view. The aim is to make the best and most accurate definition of the procedures of insolvency proceedings by the bankruptcy court, trustee in bankruptcy, but also the debtor. I tried to accurately describe the stages that the proceeding goes through, from an insolvency petition to the court decision of its termination. I applied the findings on a practical example of a particular company, Schuss Praha s. r. o.
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Debts of citizens and their consequences
Kristejnová, Veronika ; Smrčka, Luboš (advisor) ; Zámečník, Petr (referee)
This thesis is concerned how people can handle with their finances with a focus on the use of credit products, debts and the potential impact of debts. Consequences of default are efforts of creditors to get money back, whether through specialized companies or judicial executor. The thesis deals with enforcement proceedings and then with insolvency proceedings. So what are possible solutions of debtor's situation if debtor is unable to pay his obligations. Bankruptcy and debt relief is described. There is also a survey that examines people's attitudes to manage their money, to advertisement for credits, whether people borrow money and have repayment problems. In conclusion there is recommendation how to repay your debts, how to deal with debt responsibility, and there is also a very discussed topic about financial literacy.
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Consumer loans and their impact on the debtor´s social situation
KOKEŠOVÁ, Petra
The bachelor's thesis entitled Consumer credits and their impact on the social situation of debtors investigates the causes and consequences of entering the credit contracts. Borrowing money becomes a risky phenomenon and has a very negative impact on the society. The theoretical part of the thesis describes the legal regulation of consumer credits and motivation of persons to enter them. It describes the causes leading to inappropriate indebtedness of persons, being normally not able to get a credit in view of their income. It refers to the facts stated in the business terms and conditions and practices of sellers and companies. Thanks to arrangements in the business terms and conditions which are an inseparable part of the contract and which are accepted by signing by the client, it may be agreed that a not paid claim may be ceded to a lawyer's company for collecting. In such a case, the debtor is obliged to pay also the costs of legal representation. The occurred claims are increased considerably by the court or arbitration proceedings. The people's low knowledge of this issue is confirmed also in the conclusion of bachelor's thesis. In the practical part of the research, three research questions were formulated: 1) Do the respondents use the consumer credits for the necessary subjects or services? 2) Does the company elaborates a financial plan for the borrower to estimate if he/she will be able to meet its obligation? 3) What impacts had exacting the claim on the social situation of the respondent or its family? 8 persons utilizing the services of Consulting Centre ? Equal Chances for Everybody operated by Jihočeská Růže o.s. took part in the research. The talks were performed individually and anonymously. The qualitative method of questioning and analysis of contents of documents deepening the research were applied. These documents were 315 credit contracts from a non-banking company which are handed over for collecting to a lawyer's office. The task of this thesis was to find out if the persons entering credit contracts behave maturely, if they think about the consequences of this behavior; if the inability to pay occurs only for external reasons or if these persons act rashly with the target to satisfy their momentary needs. The thesis shall research the purpose for which the households are inclined to enter credit contracts. I deepened this research also by the analysis of not paid credit contracts. By means of interviews with respondents I tried to describe the consequences of the financial burden of repayment of the claim on their life or life of their family. It was confirmed by the research that the concern are less necessary and more expensive goods. Lower share represented the credits for standard equipment of households. These goods were mostly electronics as notebooks and TV-sets. The talks with respondents confirmed also the statement that the credits are also used to pay the debts of another creditor. The respondents, who are not able to meet their obligations do not create any financial plans. This shows the low responsibility rate of these persons. Before entering the contract, they do not compare the products and do not ask about credit parameters. The research confirmed the prognosis of experts. The financial burden had a negative impact on the life of the family resulting in consideration of divorce. The respondents had negative psychological consequences manifested in the form of stress and depressions. The financial burden caused by collecting claims resulted in several cases in the inability to pay further obligations as e.g. housing. In one case, economic and cultural limitation occurred.
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Analysis of the financial situation of a company and insolvency resolution in accounting
Šmídová, Stanislava ; Vomáčková, Hana (advisor) ; Randáková, Monika (referee)
The thesis is focused on two main fields: first one is financial analysis as a possibility of predicting a stringency of a company, second one being insolvency resolution from legal and accounting points of view. The theoretical part of the thesis describes the importance and the content of financial analysis, the crisis of a company and further on it deals comprehensively with insolvency proceedings. The practical part is mainly focused on performance analysis of the financial situation of a selected company, it sets problems in the field of financial management. It also gives an opinion on the possibility of the company's bankruptcy and demonstrates an insolvency proceedings in accounting.
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