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The Functions of the Insolvency Administrator in the Czech Republic
Křížová, Iveta ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This thesis deals with a person of the Insolvency Administrator, both in terms of the requirements imposed on the person of the Insolvency Administrator, and in terms of the obligations to be Insolvency Administrator in the course of Insolvency proceedings perform. The main objective of this thesis is to test the hypothesis that can be considered the submitted draft amendments to the Insolvency Act effective from 1. 1. 2014, effective, particularly in relation to the performance of the Insolvency Administrator.
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Role of the insolvency administrator in solving issues of bankruptcy through debt relief
Bandžak, Richard ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The work examines the role of the insolvency administrator in solving bankruptcy. The main objective of debt relief is to help over-indebted non-entrepreneurs to break out of their impasse resulting from too high a debt which they are unable to repay. This partly differs from other ways of addressing bankruptcy while emphasizing the needs of the borrower. The insolvency administrator is in charge of satisfying the needs of creditors. The work addresses whether a different principle of debt relief affects the role of the insolvency administrator.
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Insolvency practitioner – assets recognition and the realization of assets
Němeček, Lukáš ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The bachelor thesis is focused on the two main activities of an insolvency practitioner. First activity is called recognition of assets. In this part is defined what a recognition of assets contains. The following part describes the process of debtor's recognition of assets which conforms to the determined procedures. These steps lead to the result of the insolvency practitioner's activities -- an inventory of assets. The second activity of the insolvency practitioner is a realization of assets. This part describes a procedure which leads to the creditors satisfaction. The insolvency practitioner claims an appropriate reward for his work. The meaning of this thesis is to make proposals which could lead to more efficient activities of the insolvency practitioner and to the acceleration of insolvency proceedings process.
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Insolvency Administrator
Šelmátová, Gabriela ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This thesis analyses the role of an insolvency administrator in insolvency proceedings. It focuses not only on general duties of insolvency administrators in insolvency proceedings, but it also deals with prerequisites necessary to meet in order to be eligible for the function of an insolvency administrator. The thesis presents various types of insolvency administrators, the appointment procedure and changes to the appointment of an insolvency administrator, the possibility to recall, expel and relieve an insolvency administrator of his function. Constituting the fundamental part of the thesis, the third chapter analyses the assignment of insolvency administrators to particular insolvency proceedings and evaluates the proposed amendment to the Insolvency Act replacing the current system of nomination with the system based on rotation.
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Funkce insolvenčního správce v ČR
Svobodová, Martina ; Moravec, Tomáš (advisor) ; Zvěřina, Miroslav (referee)
This thesis is focused on function of insolvency administrator, both in terms of requirements imposed on the performance of insolvency administrator, and in the terms of the obligations that insolvency administrator has to execute in course of the insolvency proceedings. The objective of this thesis is analyzing function of insolvency administrator from the point of view of his position, powers and responsibility in insolvency proceedings. The objective of this thesis is also to test hypothesis, whether a new system of appointment of insolvency administrators based on rotational principle can be considered as effective and whether it truly led to higher transparency of appointment of insolvency administrators.
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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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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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Insolvency proceedings from the viewpoint of a creditor
Šimáková, Barbora ; Novák, Miloš (advisor) ; Vagaský, Radoslav (referee)
This thesis first describes the insolvency proceedings in general, explains basic concepts, describes the different stages of insolvency proceedings and introduces the reader to the entitiesin the insolvency process. It also explains what is a bankruptcy and presents possible ways of solving it. The current situation in relation to insolvency proceedings is shown based on the basic statistics. In the next section, the thesis is focused on the classification of debts and the possibility of creditors to submit their claims in an insolvency proceeding. It also deals with special cases that may occur. The final part of the thesis describes an example application of claims in practise, incl. complications that the creditor must solve.
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