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Asset valuation of the debtor in insolvency proceedings
Libišová, Eva ; Randáková, Monika (advisor) ; Bokšová, Jiřina (referee)
This diploma thesis is focused on the insolvency proceedings in accordance with the Czech law and accounting legislation. The first part is devoted to the insolvency procedure. It defines the insolvency and its possible solutions - bankruptcy and reorganization. The second part of the thesis is devoted to solving these two forms of insolvency of the debtor, especially in terms of valuation. The valuation methods are described not only in accordance with the valuation standards, but also on the basis of accounting. Accounting is considered to be the starting source for valuation of assets.
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Restructuring and rescuing Odevni podnik Prostejov, a.s.
Zahradníková, Lenka ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
The topic of the bachelor's thesis is application of the new Insolvency Act No. 182/2006 Coll, as subsequently amended, which is a crucial contribution to the Czech insolvency law offering new ways of settling debtor's bankruptcy. I point out the differences between the currently effective Insolvency Act and the preceding Act No. 328/1991 Coll, about bankrupcy and liquidation, as subsequently amended. In the theoretical part I describe the most important features of a insolvency proceeding and also the process and the possible ways of setlling bankruptcy. The aim of the empirical part is then to describe and evaluate the solving of the situation during the insolvency proceeding of the Odevni podnik Prostejov, a.s. in 2010 up to the present day, with the use of the new Insolvency Act.
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Collection of the debts out of consumer credits
Polach, Miroslav ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The Bachelor thesis describes the whole process of collection of debts from the first day of the debtor's delay with paying-off, risk loan origination and running of out-of-court collection in the bank to eventual collection in the execution proceedings, whereas the main part of the thesis has been focused on the judicial proceedings. The thesis practically describes especially the real procedures used in solving risky and hardly enforceable debts in the banks as well as by collection and law offices specialized for this type of work, and also explains the relations between these subjects. The reader should understand, why the sides are acting in particular situations in the described way and not differently. This thesis has been written to be used as a practical manual for banks, collection offices and their employees or potential creditors, who are interested in buying some claimes. The possible debtors on the other hand can get to know some methods, which could be applied to minimalize the negative results connected with their financial shortcoming and unability to pay.
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The Solution of Insolvency in Legislation of Malaysia
Holubová, Tereza ; Kotoučová, Jiřina (advisor) ; Kříž, Radim (referee)
This document characterizes the legislation of proceedings in insolvency law of Malaysia. Document begins with general introduction, which is centered on legal process and hierarchy of justice in Malaysia. The introduction is followed by the part where you can find information about laws which rule insolvency. The whole document deals with the comparison with Czech legislation. Reader can gain information about all proceedings in insolvency from the petition to order of discharge from debts. This document is divided into two big parts depending on the person of debtor. The document is focused on methods of resolution of insolvency.The document ends with practical part. The end deals with a project, which has helped to shorten the time of insolvency process in Malaysia. This part is completed with transparent schedules and graphs.
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The debts from a law, accounting and tax aspekt in a conditions of the Czech republic
RADOŠOVSKÁ, Šárka
From an economic point of view the claims mean a capital part of a company. They are a special part of intangible property and a treatment with them mean very complicated juristic, accounting and tax probems. The claim means a reason of creditor to urge to debitor a charge of definite engagement. Ever business subject can secure the discharge of the engagement by the help of a security instrument, for example of an advance, a right of lien, a penalty, a liability etc. When the claim will become after all these precautions the overdue claim, the creditor must face up to costs of their recovery, for example by the help of a forfaiting, a factoring, a eviction recovery, a bilateral cleaning of claims etc. The overdue claims we can depreciace or create discretionary entries on them under the rule of law or of bylaw. The company should realize all these facts and keep a general and consistent register of claims. The register is an objectives of this work.
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Bankruptcy in the Czech Republic and in the European Union
PAVLISOVÁ, Lucie
In economic and legal practice situations often occur when infringement of rights or neglect of duty can{\crq}t be sanctioned by common means of procedural law. The most typical example of this is when the debtor has liabilities towards a number of creditors and it isn{\crq}t within his power to fulfill them all. Such a situation is usually described as bankruptcy and it is solved in accordance with the Bankruptcy Act. Bankruptcy is considered to be the last resort of settlement of unfavourable financial and economic relations between the creditor and the debtor and it leads to the settlement of their property relations. The purpose and the aim of this procedure is to settle the liabilities towards the aggrieved parties, so that all creditors of one debtor which is in bankruptcy get as equal and just satisfaction as possible. Liquidation or reorganization of multinational companies which are in bankruptcy causes a whole range of legal complications. The expansion of multinational companies and also the considerable number of great bankruptcies with international effects has triggered a debate about the need of creating a system which would involve solving such situations in transnational context.
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The assets in the insolvency proceedings
Metzová, Nika ; Kotoučová, Jiřina (advisor) ; Kropáčová, Marie (referee)
The bachelor thesis deals with the insolvency proceedings and mainly with the assets that play an important role in solving the insolvency of a debtor. The aim of this thesis is to provide comprehensive overview regarding the assets that will be used to discharge claims of the creditors and to inform about the range, the content and the way of disposal of the assets in the course of the proceedings. Furthermore, the thesis considers the possibilities of realizing the assets and satisfaction of creditors' claims from the profits of the realisation. For better apprehension the thesis includes also the exemplification and samples of practice of the courts.
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Exaction an outstanding debts in banking
Hlouchová, Jaroslava ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The Master thesis describes comprehensively all action of exaction an outstanding debts in banking since origin of defaulted credit up to execution. In the thesis the action of out of court exaction is briefly explained. Nevertheless, the main part of the thesis is takes heed of the judicial exaction. The thesis deals with the selected points at issue from the sphere of judicial trial, compares the judicial trial with the trial of arbitration in point of view their effectiveness. The thesis explains process of debt restructuring an outstanding debt and compares also types of executions. Conclusion of the thesis highlights a question of sale an outstanding debts and leave their management to collecting companies. The aim of the thesis is to provide a well-arranged instruction to banking institutions how to exact their outstanding debts effectively and bring the advantages and disadvantages of particular ways of exaction to attention. At the same time this thesis should be a contribution for public in order to become acquainted with the action of exaction an outstanding debts in banking.
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Bankruptcy and insolvency proceedings as a part of economical life
Filip, David ; Antoš, Ondřej (advisor) ; Vostrovská, Zdenka (referee)
This paper prologuizes the explanation of bankruptcy, its causes of bankruptcy and entailments. It outlines a history and evolution of the insolvency law and the necessity to modify it in the Czech Republic. It describes nowadays law form of the insolvency act in the Czech republic. It focuses on the reasons of releasing new insolvency law as a tool for market clearing. It distinguishes the role, bahaviour, protection and motivations of the subjects (debtors and creditors) who acts in the free -- market economy. In other part of paper it shows new forms of solving tools for bankruptcy and insolvency -- resurrection as a formal way and reorganization and discharge from debts as an informal way. The practical part includes the progress of bankruptcy through the use of statistics and charts and it illustrates connections between bankruptcy and financial depression. It analyses the description of the concrete company. It examines the contributions and deficiencies of the insolvency law.
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Mortgage Banking
Habrová, Marta ; Kovář, František (advisor) ; Votava, Libor (referee)
This bachelor work is focused on mortgages in the Czech Republic. Mortgages generally are described at the beginning of my work - their characteristics, properties and kinds. Approval procedure of mortgages is described in another part of work (from request for loan to mortgage repayment). Practical part of my work includes comparison of products of mortgage banks, which I made from the point of view of advantages for customers. This work deals with the theme of financial crisis in the mortgage market, which have started in the USA in 2008.
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