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Registration of claims in insolvency proceedings
Janoušek, Jan ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
RAISING CLAIMS IN INSOLVENCY PROCEEDING - ENGLISH ABSTRACT The aim of this thesis is to provide a comprehensive summary of institutes of an insolvency law related to the application of claims as well as defining the rights and obligations of creditors related to this topic with a closer focus on risk and problematic facts appearing in practice. All the text is based on the insolvency law effective at the time of its creation and besides the academic literature also often uses related practice of the courts. The introductory part presents an insolvency law in its historical and also contemporary context. It is listing the material sources and their brief characteristics needed to simplify the understanding of the substance of an insolvency law. For the same reason the initial chapters deal with the basic principles and terminology of an insolvency law, namely an insolvency proceeding, a bankruptcy and closely characterize particular ways of solving a debtor's bankruptcy. Another part of this thesis focuses on the actual debts. The legal analysis of the term debt and its types that are applied during insolvency proceedings is being carried out and it involves also the list of debts excluded. On the other hand this part includes the theory of debts with no need to be applied, since those are registered into...
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Abuse of the insolvency proceeding and defense against it
Toula Bergelová, Linda ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Title: Abuse of the insolvency proceeding and defense against it Abstract: The thesis deals with the abuse of the insolvency proceeding and tools how to defend against jt. In the introduction part of the thesis are described basic principles and concepts of bankruptcy law, the purpose of the insolvency proceeding and its effect. The core of the whole thesis is in the chapter 2 & 3. The chapter 2 deals with the abuse of the insolvency proceeding by the entities which are not the debtor. I was focused mostly on the unreasonable insolvency proposals by the creditors and on the existing specific tools which can be used to limit these kinds of proposal. The same chapter is also touching other cases of the abuse of the running insolvency proceeding by the entities which are not the debtor. At the end of this chapters are described the possible and currently proposed tools how to avoid the abuse of the insolvency proceeding. The chapter 3 deals with the abuse of the insolvency proceeding by the debtor. Because this topic is very complex and there are described just the most common way how the debtor abuses bankruptcy law and as well the possible methods, that are able to limit the possibility to abuse the law by debtor. First, there are briefly described two general phenomena linked to the insolvency process....
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Incidental disputes in insolvency proceeding
Gaierová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this diploma thesis dedicated to the issue of incidental disputes in insolvency proceeding was to determine the incidental disputes in proceedings, categorize them systematically, outline their character and set a comprehensive overview of these disputes. Within the insolvency proceedings incidental disputes are largely solved as case law, which the author of this work deals within the description of the various types of disputes. The thesis is divided into fourteen chapters, which are further divided into subsections and parts. The first two chapters are devoted to insolvency proceeding in general, especially when the character and purpose of the insolvency proceeding as well as the conceptual definition of insolvency proceeding and its consequences are outlined, because without these underlying premise would be impossible to describe the issue as a whole. Incidental disputes have undergone throughout history certain development and as an incidental are spoken only in the 90s of the 20th century. The third chapter of the thesis is dedicated to the historical development of insolvency proceedings in Czech territory and comparisons applicable regulation of insolvency proceedings with modifications beginning in the 1781 and the issue of the general bankruptcy order compared to other...
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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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Discharge of a debtor - one of modes of insolvency solution
Rothová, Kateřina ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Indebtedness of individuals non-entrepreneurs and their subsequent inability to pay their obligations duly and on time was reflected not only in legislation designed to protect consumers but also to law that props up the debtor's financial position and provides him a second chance for a fresh start free of debt. The Insolvency Act passed through development during its efficiency i.e. from 1st August 2008, a considerable development, and according to the number of submitted insolvency proposals it became a legal instrument used by debtors to manage and address solving of their situation. We will be able to assess efficiency of utilisation this notion enabling discharge from debts in the next two or three years, when enough evidence should be available to evaluate the success of approved debt reliefs through the payment schedule. Court decision taking adapted the Insolvency Act also to the possibility of debt relief for spouses who are in most cases engaged in joint commitments under the joint property of spouses. The debt relief for spouses, however, brings a couple of questions and insolvency courts do not approach to proceed it in uniformly way. It is therefore important to prepare major amendment to the Insolvency Act, from which we expect not only the unification of court decisions, as well as...
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Reorganization as the way of bankruptcy solution
Holevová, Jana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The intention of the thesis, on theme of Reorganization as the way of bankruptcy solution, is to describe this legal institute complexly and coherently. It begins from the history, continues through the current legislation and finishes with a practical point of view to reorganization and its implications in practice. The first chapter describes influences which affected reorganization in the Czech legal environment. First of all, the insolvency law was affected by historical circumstances in the Czech lands and by changes of political regimes to which the legislation was subordinated. Another subsection is addressed to foreign influences which were used as an inspiration for the legislator during creating of the current legislation. Mainly, it is an American and German legislation. In the last subsection, the EU legislation regarding reorganization is elaborated including effects of the harmonization in the Czech Republic. The second chapter of the thesis describes the legislation of reorganization in the Czech Republic and completes it of the case law especially of the High courts in Prague and Olomouc. The institutes are elaborated one by one according to the order made in the Insolvency act and in order which is usually used during insolvency proceedings. The last subsection is focused on a...
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Application of creditor´s claim in insolvency proceeding
Vyškovská, Vendula ; Hásová, Jiřina (advisor) ; Kříž, Radim (referee)
This diploma thesis deals with topic called Application of creditor´s claim in to the insolvency proceeding. Attention is paid on handling with this debt in the time between registration and review procedure, on which is this debt validated or rejected. This thesis is also focused on characteristics of each type of debt and their registration. The main focus of this thesis is on analysis of the topic - defects of registrations and its consequences on the creditors claim in insolvency proceeding. Part of this thesis is also detailed analysis of each disclaiming act and each person which can do this act. After that are studied consequences of these disclaiming acts. There is also compared current legislation with the old one and used jurisprudence for law interpretation.
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Valuing a Distressed Company
Štěpánková, Jana ; Abraham, Karel (referee) ; Dufek, Zdeněk (referee) ; Klaban,, Vladimír (referee) ; Puchýř, Bohumil (advisor)
The doctoral thesis deals with bankruptcy and its possible solution from the point of view of expert activities. Valuation of the company in distress may be required at different stages of the business life cycle. While sometimes the valuation is requested directly by the shareholders or the managing partners facing bankruptcy (or preventing crisis) sometimes assessment is requested in insolvency proceedings by the insolvency administrator. Whether it is the intention to find out it is more beneficial for creditors to reorganise or liquidate the assets, in all these cases it is the work of experts in the insolvency proceedings who play a decisive role. The practical part of the thesis, therefore, focuses on the selection of appropriate methodologies which can be used at any given moment of crisis management.
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