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Legal aspects of the application claims in insolvency proceedings
PROCHÁZKOVÁ, Jana
The process of the insolvency proceeding is delineated in this bachelor work, including its participants, deadlines and the basic concepts of interpretation. This bachelor thesis is dedicated to the application creditor's debt against the debtor who is bankrupt because of overindebtedness or insolvency. Practical part analyzes progress in completing the application of the insolvency proceedings. Throughout the work is pointed to an amendment of insolvency law as a result of the recodification of private law, which it came into effect from 1st January 2014. The work also points to certain inadequacies and inaccuracies, and therefore the work contains some suggestions de lege ferenda.
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Comparison of successful and unsuccessful restructurings
Vlček, Libor ; Špička, Jindřich (advisor) ; Schönfeld, Jaroslav (referee)
Restructuring as one of the ways of solving insolvency is a method, that is supposed to allow preservation of the operation of the debtor`s company. Part of the restructurings however later converts into bankruptcy orders. The objective of this thesis is an identification of the key factors that lead to a successful fulfilment of the restructuring plan and also factors that might lead to their conversion into bankruptcy orders. The first part of this thesis is dedicated to insolvency and methods of its resolution among others according to the act no. 182/2006 Coll. on Insolvency and Methods of its resolution (Insolvency Act). The second part is dedicated to the selected factors and their possible influence on successful or unsuccessful completion of the restructuring. The conclusion includes a summary of important findings concerning whether and if so, what kind of connection is there between the selected factors and their influence on the successful completion of restructurings.
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Bankruptcy as a form of insolvency solution with a practical example of company Z plus M TRADING Ltd
Tušková, Barbora ; Novák, Miloš (advisor) ; Drozen, František (referee)
The topic of this thesis is bankruptcy as a form of insolvency solution with a practical example of company Z plus M TRADING Ltd. The goal of the thesis is to describe the gist of bankruptcy proceedings and describe the changes in Czech insolvency law that took place with the introduction of the new Civil Code effective from 1 January 2014. The thesis is divided into six chapters. It provides information on history of insolvency, bankruptcy proceedings or provides statistics on insolvency proceedings. The gathered information is then applied to a specific example of a company in bankruptcy.
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Insolvency proceeding in practical example
Bernardová, Vendula ; Novák, Miloš (advisor) ; Svoboda, Jan (referee)
The thesis deals with insolvency proceeding and the aim of this thesis is to point out some facts thanks to practical examples and to become these facts were already less. The thesis is divided into six chapters, where it is analyzed the history of bankruptcy law, what is the decline and then insolvency proceeding. The final chapters are devoted to practical examples and situation in Czech Republic from efficiency the insolvency Act.
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Reorganization as a way of resolving insolvency in the Czech Republic
Pfeiferová, Andrea ; Sieber, Patrik (advisor) ; Randáková, Monika (referee)
The aim of the thesis is to assess the whole reorganization proceedings between 2008 and 2013. Assessment will be based on the methodology that will consist in the definition of the selected indicators, through which an analysis of the values observed data obtained from the insolvency register. Based on the analysis of the indicators examined and will set the key risk factors that may lead to a possible successful or unsuccessful completion of the reorganization proceedings. To assess the course of the reorganization proceedings will be examined successfully and unsuccessfully completed the reorganization and further currently ongoing reorganization. Selected indicators shall include the number of insolvency proposals related to the reorganization proceedings, the duration of the reorganization, the method of its solution and compare the satisfaction of secured and unsecured creditors.
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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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Financial aspects of corporate governance in insolvency process
Zábojníková, Júlia ; Marek, Petr (advisor) ; Škerlíková, Tatiana (referee)
Thesis discusses on practical example of company MobilKom the advantages and disadvantages of options to resolve the insolvency based on Czech bankruptcy law. The understanding of the possibilities and intentions of insolvency laws is analyzed with European and American insolvency orders. Disparity between the liquidation, sale as a whole and reorganization are rated not only theoretically, but also practically. The analyzed company has passed all these stages of insolvency process due to the changing view of the situation in which the company found itself. MobilKom was beginning telecommunications company, which dared to call itself the fourth operator in the Czech market. Major weaknesses were identified and, on contrary, the strengths of the whole process. Accounting problems captured the complexity of economic context.
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Restructuring overseas company under the English law
Davídková, Andrea ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This bachelor thesis deals with the options of solving restructuring overseas companies under the English law. The emphasis is put on the individual decisions, which were released by the courts. In addition, the work introduce to the target reader, a provisions, which were a backbone for judicial decisions. The aim of the bachelor thesis is to familiarize the reader with the various court decisions and the conditions under which it is possible to restructure companies under English law. With regard to the issue the work is purely theoretical.
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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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Credit and Leasing – a comparison of ways in financing
Vernerová, Nikola ; Švarc, Zbyněk (advisor) ; Marková, Hana (referee)
The aim of this bachelor thesis is to characterize and compare credit and leasing. The first part is focused on a detailed specification of these financial instruments and their legal regulations and history. Also mentioned are accounting and tax aspects. The second part is aimed at a comparison of credit and leasing. The comparison of these two ways of financing includes an appreciation of these instruments for entrepreneurs and for natural persons. Last but not least is a question, if the winner in financial decisions is credit or leasing.
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