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The legal aspects of creditors in insolvency proceedings
VAJGEL, Pavel
In the current economic situation is decline frequently very well-known term. For many corporate and individual person is a condition that frightening them very often (on every single step). Nowadays more and more people consider this term is almost an insult. And for a while i decided to analyze this problem and possibilities of solution and described it in detail. Author devoted to different options of resolve decline. This unflattering situation affects first of all debtor. He must accept these unpleasant action in his life. In considerable percentage of decline debtor is losing his movable and immovable property. From the other side, there is affected considerably by the creditors.
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Institute "Debtor-in-possession financing" in insolvency proceedings
Zahradníková, Lenka ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
The Master's Thesis is focused on the problem of securing an operational cash flow for maintaining entrepreneurship activities of organizations that enter into insolvency proceedings because of their insolvency or excessive indebtedness. This issue is addressed by the insolvency law through a new institute of debtor-in-possession financing which is a part of the main purpose of this law to assist companies that have a certain economic potential to create value added in the future prospect. The issue is with obtaining such post-petition financing because there is not many banking or non-banking institutions that would provide this high-risk financing. From the above-mentioned reason, an idea has been developed with the cooperation of Česká Spořitelna a.s. to create a new credit product provided by the banking institution for the Czech financial market. The assessment of rationality, effectiveness, and recoverability, as well as the proposal of standards and requirements for completion of contracts and their structure about debtor-in-possession financing are compiled in the Master's Thesis.
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Insolvency Crimes
Valíček, Jan ; Moravec, Tomáš (advisor) ; Grošpic, Pavel (referee)
This thesis deals with the special category of crimes related to the bankruptcy of the debtor and to the insolvency proceedings. The first and second parts of the thesis are devoted to the general introduction into the both law branches, i. e. into the insolvency law and criminal law. The third part of the thesis focuses on interconnection of the mentioned law branches reflected in the category designed as insolvency crimes. The thesis analyses particular crimes utilizing the legal acts, technical literature and judicature. The fourth part handles the available statistical data regarding the insolvency criminality provided by the Czech Police. At last the thesis evaluates the social harmfulness of the insolvency crimes, its legal regulation and the protection against it.
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The impact of general literacy on rate of overindebtedness of persons
Švec, František ; Šťastný, Daniel (advisor) ; Rod, Aleš (referee)
The work examines the impact of general literacy, for which as a proxy variable level of completed education was elected, on the rate of debt of insolvent persons and their subsequent entry into insolvency proceedings. The research was conducted using a regression model expressing the causal relationship between the amount of the debt of insolvent persons, education level and other control variables. In the models data of 200 people who asked for enter into insolvency proceedings were used. These data were collected by insolvency administrators and also advisors for borrowers Ing. Vladimír Švec and Ing. Pavel Moc. The work also reveals other determinants influencing the debt of insolvent persons, both using a model and comparing the characteristics of over-indebted persons and a population of Czech Republic. It proves that the rate of debt of insolvent persons increases with increasing level of education. It was also proved that with increasing level of education the probability of over-indebtedness of people and their entry into insolvency proceedings decreases. As a byproduct of my thesis the relation between the rate of debt of insolvent persons and gender, age, marital status and income was revealed.
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Dissolution of a company
Murauyova, Hanna ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
The topic of the bachelor's thesis is the dissolution of a company. The main aim of the thesis is the evaluation of the use of the Insolvency act No 182/2006 Coll., about bankruptcy and the ways of its solution. In the bachelor's thesis I'm going to concentrate on the final stage of the life of the company -- its demise and dissolution. In the theoretical part I describe all stages of the life of the company, its crisis and redevelopment, insolvency proceedings, their stages and subjects. In the theoretical part I also describe the ways of solution bankruptcy. The aim of the practical part is to describe the evaluation of the insolvency proceedings of the Odevni podnik Prostejov, a.s. In the practical part I also describe the possible reasons of the problem, its solution and the present situation in the company. In conclusion I evaluate the use of the Insolvency act on the basis of the insolvency proceedings of the Odevni podnik Prostejov, a.s
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Insolvency proceedings: bankruptcy versus reorganization
Smeliková, Petra ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
The topic of this thesis is to compare the effects of bankruptcy and reorganization. In 2008, the new Insolvency Act come in force, which should facilitate the reorganization of companies i.e., maintaining their operation with the same or similar production program, or range of offered services. The intention of this work is to evaluate the effect of the practice of law in a few specific cases. The aim of analysis of these examples was to determine whether borrowers use this new option of the solution of bankruptcy or why reorganizations do not take place more.
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The Course of Insolvency Proceedings in the Czech Republic
Bartošová, Petra ; Randáková, Monika (advisor) ; Roubíčková, Jaroslava (referee)
The main topic of this thesis is the course of insolvency proceedings pending under Insolvency Act and the aim is to compare the actual ongoing insolvency proceedings in practice with the theory. In the beginning of thesis are defined the basic terms which can be appeared during the insolvency proceedings. Subsequently, there is theoretically demonstrated the course of insolvency proceedings from the start through the decision on bankruptcy to the ways of resolving insolvency. The following section discusses the economic impacts of the debtor and his creditors. The aim of practical part is demonstrating the application of insolvency law in practice using by the real insolvency proceedings with EQUUS Company Ltd.
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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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Insolvency Administrator and His Role in Insolvency Proceedings
Káchová, Markéta ; Kotoučová, Jiřina (advisor) ; Kříž, Radim (referee)
This thesis is focused on the issue of insolvency administrator and his role in insolvency proceedings. Firstly, it deals with the insolvency administrator as a person and tries to offer various points of view on their status not only within the area of insolvency law. It also concerns the general and qualification requirements for the performance of the office of insolvency administrator. Within the explication of the role of the insolvency administrator in the insolvency proceedings, the ways of the administrator's appointment to the office and possibilities of termination of their activity in the office are described, but the main focus is their rights, duties and activities during the insolvency proceedings, both general activities the administrator executes irrespective the way of bankruptcy resolution and activities following the particular ways of bankruptcy resolution. The thesis also contains explication of rewarding of the administrator and compensation of expenses, as well as a chapter dealing with various forms of liability of insolvency administrator. The conclusion offers also a few considerations de lege ferenda.
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Difficulties of enterprises and their solutions (comparison of French and Czech legislation)
Hudáková, Jana ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
Difficulties of enterprises constitute negative phenomenon in society. They occur so often that both French and Czech legislator decided to regulate them by adoption of relevant legal provisions that offer particular ways of solution of debtor's bankruptcy. Bankruptcy law, term generally denoting this legal area, passed through "rich" historical development, what reflects in its legal, economic and social framework. Thesis is divided into four parts. The first one briefly defines difficulties of enterprises. The second one deals with different ways of solution of debtor's bankruptcy in French law, introduces principal changes that were made by the latest amendments from the area of bankruptcy law and by means of attached statistics illustrates number of bankruptcies and ways of their "treatment" in France. The third part deals with Czech insolvency law and underlines changes introduced by the new law of bankruptcy and ways of its solution that entirely replaced previous "law about bankruptcy and settlement". The last part summarizes findings of my thesis, proposes eventual ways of mutual inspiration derived from French or Czech bankruptcy law, deals with reflections de lege ferenda and outlines some terminological problems.
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