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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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The process and conditions of insolvency proceeding – Schuss Praha s. r. o.
Nováková, Lucie ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
This thesis deals with insolvency proceedings both from theoretical and practical point of view. The aim is to make the best and most accurate definition of the procedures of insolvency proceedings by the bankruptcy court, trustee in bankruptcy, but also the debtor. I tried to accurately describe the stages that the proceeding goes through, from an insolvency petition to the court decision of its termination. I applied the findings on a practical example of a particular company, Schuss Praha s. r. o.
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Insolvency crimes
Bernardova, Vendula ; Moravec, Tomáš (advisor) ; Žák, Květoslav (referee)
As it is evident from the theme of bachelor thesis, it deals with insolvency crimes. The aim of this thesis is to create a unified overview of selected insolvency crimes and also provide an explanation of basic concepts of criminal and bankruptcy law. The thesis is divided into six chapters. The first five chapters are devoted to the basics of the criminal law, for example what the crime is, which charakteristics it has, etc. The final chapter discusses the mere insolvency crimes.
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Insolvency Crimes
Valíček, Jan ; Moravec, Tomáš (advisor) ; Grošpic, Pavel (referee)
This thesis deals with the special category of crimes related to the bankruptcy of the debtor and to the insolvency proceedings. The first and second parts of the thesis are devoted to the general introduction into the both law branches, i. e. into the insolvency law and criminal law. The third part of the thesis focuses on interconnection of the mentioned law branches reflected in the category designed as insolvency crimes. The thesis analyses particular crimes utilizing the legal acts, technical literature and judicature. The fourth part handles the available statistical data regarding the insolvency criminality provided by the Czech Police. At last the thesis evaluates the social harmfulness of the insolvency crimes, its legal regulation and the protection against it.
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The impact of general literacy on rate of overindebtedness of persons
Švec, František ; Šťastný, Daniel (advisor) ; Rod, Aleš (referee)
The work examines the impact of general literacy, for which as a proxy variable level of completed education was elected, on the rate of debt of insolvent persons and their subsequent entry into insolvency proceedings. The research was conducted using a regression model expressing the causal relationship between the amount of the debt of insolvent persons, education level and other control variables. In the models data of 200 people who asked for enter into insolvency proceedings were used. These data were collected by insolvency administrators and also advisors for borrowers Ing. Vladimír Švec and Ing. Pavel Moc. The work also reveals other determinants influencing the debt of insolvent persons, both using a model and comparing the characteristics of over-indebted persons and a population of Czech Republic. It proves that the rate of debt of insolvent persons increases with increasing level of education. It was also proved that with increasing level of education the probability of over-indebtedness of people and their entry into insolvency proceedings decreases. As a byproduct of my thesis the relation between the rate of debt of insolvent persons and gender, age, marital status and income was revealed.
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