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The course of execution proceedings
Jelínková, Petra ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
The thesis deals with a very actual issue of execution, from the beginning to the end of proceedings, which monitors and analyzes each individual stage. Discusses the legal rules execution, execution modes, specifies the notion of the party and also addresses every single stage of the execution proceedings separately and in detail. It also deals with the rights of debtors and the frequent problems associated with the course of the execution proceedings, and shows the real life situation from the perspective of a party, whether in the role of the debtor himself, debtor spouse or roommate. The aim is to clarify the basic rights of debtor during the execution proceedings and demarcate negotiations of executors. Furthermore, my goal is to evaluate the current legal status of execution proceedings under the Enforcement Regulations, focusing in particular on its shortcomings and difficulties and also to ascertain whether the rights of debtors are sufficient. The motivation for the treatment of this issue for me is the large media coverage of the topic, his ignorance of the citizens and also a major financial illiteracy of the nation, which each year brings more problems to individuals and families.
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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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Way how to solve businessmans bankruptcy
PODROUŽKOVÁ, Lucie
The aim is to analyze the legislation means of resolving insolvency, creating a comprehensive business bankruptcies of the insolvency proceedings in bankruptcy reorganization on the basis of a practical example, including subsequent evaluation of the advantages and the low number of permitted reorganisation, and designing themes, de lege ferenda, namely guidelines, which would be appropriate to change the legislation.
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The legal aspects of debt relief
MIKEŠOVÁ, Veronika
This bachelor work deals with the legal aspects of debt relief. Debt relief is one of the ways of resolving insolvency, which was incorporated in the Czech legislation in 2008. The first part contains a literature review and also analyzes the applicable legislation and the case law issued. In the second part the work deals with indebtedness of households. The third part provides a practical "how-to" for debtors. It guides an applicant for debt relief around the steps of the insolvency proceedings. This proceeding is initiated by filing an insolvency petition, together with a proposal for permission for debt relief. The work then deals with proceedings before the decision on the bankruptcy. This procedure is followed by proceedings after decisions on bankruptcy and leads the debtor to the completion of insolvency proceedings resolution of the court to meet all the statutory conditions. The debtor is subsequently exempted from paying claims.
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Creditors’ claims in Insolvency proceeding
Metzová, Nika ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis with the titled Creditors' claims in Insolvency proceeding deals with the possibility of setting up the claims of creditors in case that the court declared the debtor insolvent and was therefore initiated insolvency proceeding according to the Act no. 182/2006 Col., on Insolvency and Its Resolution (Insolvency Act). The introduction of the thesis also pays attention to other possibilities of enforcing and lodging the claims whether in extrajudicial proceedings or in proceedings before the court by filing an action against the debtor or in proceedings before the court or arbitration and subsequent recovery options of enforceable claims. The main aim of this thesis is to present a detailed analysis of the process of submission of claims in insolvency proceedings from the moment of initiation of the proceeding through submission of the claims to the insolvency court to their reviewing and their possible denial (together with adversary disputes) or their finding and final satisfaction. The chapter that describes the different types of claims is also closely related to the process of submitting, reviewing and satisfaction of claims as the type of the claim may determine whole process of its submission and satisfaction in the insolvency proceeding. Last chapters describe the satisfaction of admitted claims depending to the chosen method of the insolvency resolution and the destiny of unsatisfied of claims when the insolvency proceeding is over. At the end of the thesis is a practical example that should illustrate the procedure of filling the Claim submission form, including all elements of formal and content requirements.
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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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Analysis of reorganizations in Czech republic
Rakytová, Tatiana ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
The main objective of this work, except for clarifying the legislation which defines the process of reorganization under the Czech Insolvency Act 182/2006 as amended, is also to introduce a sample of allowed reorganizations from the perspective of selected economic and non-economic factors. The sample consists of all companies in which reorganization has been authorized by the court from 1.1.2008 to 31.12.2012. The fundamental factors of analysis are causes of default, the processes leading to the approval of reorganization, a way of ensuring operational funding, the duration of the reorganization, the methods of solution, the rate of satisfaction of creditors and others. The methods that were used in the analysis are analytical and descriptive, then evaluation method and comparison. The research was based on publicly available data of the reorganized companies located in the Insolvency register. According to the results it can be generally said that the reorganization is more favorable to creditors than bankruptcy, mainly due to higher rate of speed and satisfaction of creditors. However, the reorganization is not common way of resolving insolvency. For successful completion of the reorganization, directors should start insolvency process at a time when a company is only in a state of imminent bankruptcy. Also, an important aspect is realistic and well-prepared reorganization plan which should be sold to its creditors before deciding on the insolvency by the court. Debtor should have in his mind that just creditors are the crucial factor whether the whole reorganization process will be successful.
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