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Selected Business Aspects of Insolvency Proceedings
Mašek, Jan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Thesis: Selected Business Aspects of Insolvency Proceedings The reason why I have decided for my thesis topic is that the connection between business law and insolvency law is a field which has not been studied comprehensively so far. However my opinion is that these law branches have a lot in common as we can see daily their intersection in many insolvency proceeding. Object of this thesis is to describe the main areas in which clashes insolvency law with business law and then define questions which issue from this clash and answer those on which the Insolvency Act and Business Code do not offer clear answers. As I mentioned the connection between insolvency and business law is not focused comprehensively by doctrine. Therefore I work particularly with decided cases and legal interpretation books as sources for my thesis. The text offers two points of views on this topic. The first is aimed to company (especially its statutory body) which becomes insolvent. The second is aimed to third parties who do business with an insolvent company. The first part of my thesis is engaged in short description of historical development of insolvency law in Czech. Then it is focused on explanation of basic insolvency terminology in context of business law. The second part of the thesis deals with duties of...
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Creditor Authorities and Their Role in Insolvency
ZÍMOVÁ, Kristýna
The thesis is aimed at determining authorities, defining basic rules of selection and evaluation of specific forms of bankruptcy solution.Firstly, the research is based on literature; then laws, their comments, and websites are identified.There are defined elementary terms of insolvency and creditor authorities.Secondly, the roles of individual authorities and their effects on the course insolvency proceeding are analyzed. They are studied according to a method of resolving insolvency and debtor persons. It defines basic rules of selection and conditions for membership in these authorities and their responsibility for decisions. In conclusion, the suitability of creditor authorities for specific forms of bankruptcy is evaluated.
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Insolvency of members of a group of companies
HOŠKOVÁ, Tereza
The aim of the bachelor thesis is to analyse the newly adopted European Regulation (EU) No. 2015/848 as of 20 May 2015 on Insolvency Proceedings (the "Regulation") that shall enter into force in June 2017, especially as regards cross-border insolvency of group of companies. The theoretical part of the thesis introduces the background of European legislation in the field of international private law and concentrates especially on pieces of legislation regu-lating the insolvency proceedings. The thesis analyses the reasons for general recast of the regulation as well as reasons for extension of the scope of the regulation by the rules for cross-border insolvency of group of companies. The practical part consists of a simulation of cross-border insolvency proceedings where a group of companies is concerned. It also contains template documents and charts for the use of insolvency courts and insolvency trustees.
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Insolvency proceedings from the viewpoint of a creditor
Tlustá, Klára ; Pikola, Pavel (advisor) ; Jaromír, Jaromír (referee)
This thesis discusses the Insolvency Act No. 182 / 2006 Coll. Insolvency and Its Resolution which came into force on January 1, 2008. This Act replaced Act no. 328/1991Coll., on Bankruptcy and Settlement and brought new legal adjusting of bankruptcy law. The thesis focuses on insolvency proceedings in point of view of creditor, as one of the main procedural subjects in the proceedings. The first part describes the theoretical basis for the application of claims of creditors in insolvency proceedings, because for their successful satisfaction is necessary to perfect understand of Act No. 182 / 2006 Coll. Equally important is the orientation in implementing regulations of Insolvency law. In the second part of thesis there is an analysis of input data with a focus on creditors in insolvency proceedings and the satisfaction creditors receivables. The obtain data are statistically processed and evaluated.
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Reorganization as a restoring form of insolvency
Hodačová, Helena ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
IN ENGLISH: Reorganisation as a non-liquidation solution of bankruptcy: The main purpose of my final thesis is to analyse a non-liquidation solution of bankruptcy of a debtor under the Czech act No. 184/2006 Sb. (Coll.) hereinafter called as Insolvency Act, with all respect to the actual judicial decisions, legal opinion of the professional public and economic aspects as well. Some issues under Czech law are given in comparison with the Slovenian act No. 7/2005 Zz. (Coll). The main reason for my research is the increasing importance of insolvency law after the economic crise in 2007 to 2009. Since many companies are still to be winded-up, although, it is not the most effective form of figuring out their decline in light of all-society economic stand-point. The thesis is divided into 17 chapters. Each chapter is composed of several main points. The first part subsumes ten chapters, which describes basic elements of incolvency proceedings that are very important for the overview comprehension of the reorganization. The aforementioned part of my thesis covers the description of the historical development and basic elements of incolvency proceedings, explenation of bankruptcy, decision of bankruptcy, petition for bankruptcy order, parties to incolvency proceedings, automatic stay, bankrupt's estate....
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Crystalex Nový Bor: od dedictví IPB k zátěžovému testu českého insolvenčního zákona
Čása, Tomáš ; Richter, Tomáš (advisor) ; Vacek, Pavel (referee)
v Summary The presented work describes and analyzes the course of insolvency proceedings in Crystalex Nový Bor, one of the largest corporate bankruptcies resolved under the Czech Insolvency Act. The core of the work focuses on the description and assessment of the case from the point of view of economic efficiency. The analysis of a large corporate bankruptcy case defined the key aspects of the proceedings and evaluated them in the context of the existing legal framework. The case confirmed a strengthened position of secured creditors, but could not find evidence for opportunistic abuse of this position. The Czech Insolvency Act respected pre- bankruptcy entitlements and the absolute priority rule. On the other hand, the course and the role of the moratorium and delays in the distribution of the liquidation proceeds were weak aspects of the proceedings. The selected method of insolvency resolution through liquidation and sale of the core operating assets together under one contract appeared the most plausible from the point of view of the type of distress in the company. Keywords: case study, financial distress, insolvency, insolvency proceedings, liquidation, asset sale Bibliographic record Čása, Tomáš: "Crystalex Nový Bor: From IPB Heritage to the Loading Test of the Czech Insolvency Act." Charles...
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Insolvency proceedings with a European international element
Šebková Stráska, Eva ; Smolík, Petr (advisor) ; Zoulík, František (referee)
in English In this thesis, I analyse Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings and its practical effects in EU member states' bankruptcy proceedings. The regulation creates a European insolvency law which is aimed at proper functioning of the internal market. The market requires efficient and effective cross-border insolvency proceedings in order to protect creditors. I review interpretations of the principle of controlled universality, Lex fori concursus, recognition of insolvency proceedings, and cooperation of liquidators whose function is to administer or liquidate assets located in various member states. I also examine the process of launching primary and secondary proceedings in relation to the debtor's centre of main interest and to his place of operations where the debtor carries out a non-transitory economic activity with human means and goods. I demonstrate the current legal reasoning of the Court of Justice of the European Union in e.g. the Judgment of the Court (Grand Chamber) of 2 May 2006 in Case C-341/04, Eurofood IFSC Ltd. which interprets Articles 1, 2, 3 and 16 of the regulation, and in the Judgment of the Court (First Chamber) of 21 January 2010 in Case C-444/07, MG Probud Gdynia sp. z o.o., which interprets Articles 3, 4, 16, 17 and 25 of the...
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Raising claims in insolvency proceedings
Němcová, Petra ; Smolík, Petr (advisor) ; Zoulík, František (referee)
v anglickém jazyce The subject of presented Master's degree thesis is Raising claims in insolvency proceedings. The purpose of this thesis is to analyze this issue from the view of present legislation and judicial decisions and to point out some interpretation problems. Recent amendments of legal regulation as well as proposed bills were taken into account too. This thesis is divided into nine chapters. Chapter One introduces an initial part of insolvency proceedings, which starts with the commencement of insolvency proceedings and ends with the decision on the bankruptcy. It is concerned with an insolvency petition and analyzes its requirements and effects. This is followed by description of a court procedure regarding the alternatives of decisions on the insolvency petition. The consequences of unfounded insolvency petition and subsequent liability of petitioner were not left without attention as well. Chapter Two is focused on the creditor as a participant in the insolvency proceedings. Creditors are divided into five groups by the character of their claims. In these groups is a position of creditors in the proceedings defined especially with regards to the way of raising their claims. Next two chapters represent the key part of this thesis. As its title suggests, it relates to raising claims in...
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Legal disputes caused by execution and bankruptcy proceedings
Vepřková, Petra ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The aim of this thesis is to define the disputes arising from the execution and bankruptcy proceedings, to categorize them to the systematic framework, to outline their nature and to create a comprehensive overview about these disputes. The thesis is devided into three chapters, which are subdevided into subsections and parts. The first chapter of this work is aimed to the general issues, that have the influence on creating and forming of disputes resulting from the execution and insolvency proceedings, because it would be impossible to capture this topic coherently without these initial premises. Thereof, there are incorporated the conceptual definition of the execution proceedings and the principles of the execution proceedings, particularly considering the principle of protection of the obliged person and the principle of protection of third parties. In the part dealing with the aspects that form the disputes in the insolvency proceedings there are indicated the historical development of the insolvency, the overall characteristic of the insolvency proceedings, its specific principles and the difference from the former legislation. Further, for making a general overview of disputes arising from the execution and insolvency proceedings, there is also included in the first chapter the classification...
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