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Incidental disputes in insolvency
Pavlů, Robert ; Sedláček, Miroslav (advisor) ; Holčapek, Tomáš (referee)
Incidental disputes in insolvency Abstract, key words This thesis focuses on the issue of incidental disputes in insolvency proceedings with an emphasis on the different types of such disputes, pointing out some problematic aspects of the current legislation. Incidental dispute is a special type of civil court proceedings, the purpose of which is to resolve issues that are central to the whole insolvency proceedings and cannot be resolved in the insolvency proceedings themselves and thus require separate attention. Decisions in such disputes can have a fundamental impact on the rights of litigants and third parties, which underlines their importance not only in the insolvency context. This thesis conducts a thorough analysis of the legal regulation of incidental disputes in insolvency proceedings, drawing on legislation, case law, specialist literature and, last but not least, the practical experience of the author as an assistant of an insolvency practitioner with a special authorization. The thesis first deals with the general concept of incidental disputes, their characteristics, legal regulation and the course of court proceedings concerning them. It then focuses on the different types of incidental disputes as provided for in the Insolvency Act and other relevant legislation. This thesis also refers...
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Bankruptcy of financial institutions
Cimburková, Barbora ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Bankruptcy of financial institutions Summary The thesis deals with the issue of bankruptcy of financial institutions with the aim of providing a comprehensive interpretation of the current legislation and its analytical assessment. The thesis is divided into 7 chapters within which the reader is initially introduced to the key words of this thesis such as "bankruptcy" and "financial institution" and then to the individual procedures that can occur in the event of failure of financial institutions, which are: resolution proceedings under the CRD, liquidation under the CC and insolvency proceedings under the IC. Attention is thus primarily paid to the mutual definition of these procedures in order to declare in which cases the procedures are applicable, with which specifics and under which conditions. In the chapter on resolution proceedings, the reader is given a closer look at the BRRD and the CRD, which implemented the directive into the Czech legal system and which, apart from the resolution proceedings themselves, also regulates preventive measures taken to prevent the emergence of negative effects of potential failures of financial institutions on the financial system in the form of recovery plans or crisis resolution plans. An unforgettable part of the chapter is also the specification of individual...
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Bankruptcy Prediction Modelling Small and Medium Enterprises
Shmatova, Valeriia ; Režňáková, Mária (referee) ; Karas, Michal (advisor)
This thesis explores the issue of corporate bankruptcy in the Czech Republic, including its causes and related legal regulation. The theoretical part of the thesis focuses on bankruptcy models and their creation, including the statistical methods used in these models. In the analytical part, the accuracy of selected bankruptcy models from different authors was tested, a new bankruptcy model was created using logistic regression on samples of small and medium-sized Czech and Slovak companies in the manufacturing industry, and the performance of this new model was subsequently compared to others.
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Insolvency of a Controlled Person and the Consequences for the Corporate Group
Hlavatý, Radim ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
This thesis deals with the insolvency of a controlled person and its legal consequences for a corporate group under the Companies Act and the Insolvency Act. The aim of this thesis is to outline the consequences of the insolvency of a controlled person under the Companies Act for the controlling person of the corporate group and to analyse the special regime of the Insolvency Act affecting the other members of the corporate group in the insolvency proceedings of the controlled person. It begins by discussing the concepts that are central to this thesis, particularly with regard to their conceptual background. The subsequent chapter examines the consequences of the insolvency of a controlled person for the controlling person under the Companies Act. Particular attention is paid to the consequences of the insolvency of a controlled person caused by the conduct of the controlling person under the business groups regime and the action to supplement liabilities. The thesis in this part evaluates the business groups regulation and deals with the cases in which a duty may be imposed on the controlling person under an action to supplement liabilities. The thesis also discusses the provisions of the Insolvency Act that contain special rules for members of the same corporate group as the debtor. In this...
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Personal bankruptcy of a consumer
ŠEDIVÝ, Filip
The bachelor thesis deals with debt relief for non-business individuals. The indebtedness of Czech households is high and growing. If a debtor does not have the means to repay his or her outstanding liabilities, he or she can easily fall into a debt trap. For many of them, the only way out is debt relief, which is one of the options for resolving bankruptcy. For debtors, insolvency represents the chance of a new life without debt if they successfully go through the insolvency process. The bachelor thesis describes the issue of household debt, compares the development of the legal regulation of the insolvency law, explains the basic concepts of insolvency proceedings and describes the process of the insolvency process itself. The practical part focuses on the development of the number (and success rate) of personal bankruptcies, evaluation of the data obtained and testing of hypotheses. The aim of the work is to compare the development of the legal regulation of debt settlement, describe its course and evaluate the use of this insolvency instrument by consumers on the basis of data obtained directly from the insolvency register.
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Reorganizace jako možnost řešení úpadku
Bouchal, David
Bouchal, D. Reorganization as a possible solution to bankruptcy. Bachelor thesis. Brno: Mendel University, 2016. Bachelor thesis is focused on reorganization, as one of the ways of solving bankruptcy. On the basis of economic analysis of chosen company, author suggested some necessary measures that should lead to a successful reorganization and rehabilitation of said company. The suggested reorganization process is evaluated and also compared to bankruptcy. The conclusion is supplemented by generally accepted recommendations applicable in insolvency proceedings.
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The position of the creditor in insolvency proceedings
MODROVÁ, Tereza
The aim of this bachelor thesis is to deal with creditor status in insolvency proceeding in the Czech Republic. The focus is set on ways of satisfying creditors across all forms of the procedures within the insolvency proceedings and opportunities to defend their interests. This thesis describes participation in activities as a subject of creditors authorities with considering the so-called common creditors interest. Furthermore, in the theoretical part is described creation of tax allowance to receivables and write-off receivables and demonstrated their tax importance. The work also considers impact of COVID-19 pandemic on the process of insolvency proceedings and acceptance of new legislation. The practical part analyses data taken from the insolvency register and compares the level of creditors satisfaction according to the method of bankruptcy resolution. In addition, there is pointed out satisfaction order of receivables with consideration of receivable type or usage of collateral instruments.
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Businessman as a subject of insolvency proceedings
URBANCOVÁ, Markéta
The aim of the diploma thesis is directed at the process of insolvency proceedings, in which the businessman acts as a debtor, or the so-called subject of insolvency proceedings. The theoretical part deals with the basic concepts, subjects of procedural proceedings and the insolvency process itself. It discusses ways of resolving the debtor's bankruptcy and does not omit significant recent changes in the insolvency law, nor historical developments in the field of insolvency. In the practical part, the insolvency register is a supporting source in data collection. For the purposes of the diploma thesis, we work with real subjects, ie. insolvent debtors. In the analysis of individual cases, the greatest emphasis is placed on the debt relief amendment No. 31/2019 Coll. IZ. The aim of the thesis is to analysis insolvency proceedings from the point of view of entry conditions of businessman in debt relief before and after a significant change in the Insolvency Act in 2019, evaluate the impact on businessman and find out whether the amendment generally contributed to streamlining insolvency proceedings.
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Ways of solving the bankruptcy of travel agencies
FERÁKOVÁ, Sabina
This diploma thesis deals with ways to solve the bankruptcy of travel agencies. The aim of the work is the analysis of selected ways of solving bankruptcy in insolvency proceedings and their impact in application practice. The work is divided into two parts, theoretical, which explains travel agencies looking at business, either as a individual person or a legal entity. It also explains the bankruptcy and the various ways in which it can be dealt with in the case of a natural or legal person. The second part contains a practical part, which analyses the number of active travel agencies in the Czech Republic, the number of travel agencies in bankruptcy and analyses in detail two cases of travel agencies that has declared bankruptcy and whose insolvency proceedings have already been terminated. The practical part includes proposals de lege ferenda.
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Legal status of creditors in insolvency proceedings
RYBNÍČKOVÁ, Anita
The theme of this thesis is the legal status of creditors in insolvency proceedings.The following thesis is divided into theoretical and practical part. The first chapter defines its objectives and methodical approach, the second one deals with the regulation of insolvency law, the third with creditors and the fourth chapter focuses on bankruptcy and its resolutions. The fifth chapter presents a case study which forms the practical part of the diploma thesis. Within this practical part, attention is paid to the case study of a company that found itself in bankruptcy and insolvency proceedings. Emphasis is put on creditors and their legal status and competencies.
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