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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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Institute of debt relief in the light of amendments of the Insolvency Act
Majerová, Kristýna ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Institute of debt relief in the light of amendments of the Insolvency Act Abstract The rigorous thesis is aimed at a thorough analysis of the debt relief process from the perspective of a judicial assistant of an insolvency court judge, not only in theoretical but especially in practical terms. Individual chapters correspond to the systematisation of the Insolvency Act, while taking into account the shortcomings of the legislation that lead to interpretation or application difficulties in insolvency practice. A key role in this respect is played by case law, which further regulates and unifies some institutes, while contributing to the excessive formalism of judicial practice in other cases. The thesis is structured into seven chapters that provide a comprehensive view of the process of debt relief. The first one focuses on the basic principles, concepts and sources of legal regulation, including the so-called Lex Covid laws. Insolvency law is a very distinct branch that has undergone a really dynamic development in recent years. In this respect, a significant role was played primarily by the so-called debt relief amendment, which fundamentally redefined the conditions of debt relief in favour of debtors. The concept of chapters two to five corresponds to this. They take into account the continuous process...
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Ethical and social impacts on individuals in insolvency
ČADKOVÁ, Karolína
The diploma thesis deals with the impacts on the ethical and social level on individuals who are in the process of debt relief. The aim of this work was to analyze and describe these impacts, and based on the findings to suggest some solutions that could positively affect the debt relief process by key actors, including social workers, the state and the debtors themselves. The thesis also describes the social context together with debt issues and explains the basic framework of the institute of debt relief. The evaluation took place through qualitative research, in which the identified topics were subsequently reflected. Finally, some specific steps are formulated, on the basis of which the negative impacts associated with the insolvency process could be mitigated.
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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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Changes in Debt Relief Self-Employed Persons after Amendment to the Insolvency Act
VONDŘEJC, Tomáš
The bachelor thesis describes the main changes in debt relief after the amendment of Insolvency Act No. 31/2019 Coll, which is effective from the 1st of June 2019, amending Act No. 182/2006 Coll., Bankruptcy and the Methods of its Resolution. The thesis provides basic information on insolvency proceedings, the historical development of the Insolvency Act, the characteristics of debt relief, bankruptcy and reorganization. Another part of the thesis also deals with the amendment to the Insolvency Act, which aims to alleviation the negative consequences of the covid-19 pandemic on the economic situation of citizens and self-employed persons. The practical part detects the view of amendment No. 31/2019 Coll., from insolvency administrators and judges of the insolvency section of the Regional Court in České Budějovice and evaluates the results with predetermined hypotheses.
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Debt relief amendment to the Insolvency Act and its impact on the acitivity of the insolvency administrator
Gabrielová, Petra ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
1 Debt relief amendment (Act No. 31/2019 Sb.) and its impact on the activities of the insolvency administrator - Abstract The thesis deals with the Debt relief amendment (Act No. 31/2019 Sb.) and its impact on the activities of insolvency administrators. This rigorous thesis is divided into introduction, nine chapters and a conclusion. The aim of this paper is to describe the fundamental changes that the debt relief amendment brought into the legislation concerning insolvency law, and to describe the impact of these changes to the activities of insolvency administrators in comparison with the previous regulation. Furthermore, the aim of the thesis is also to evaluate these changes and, eventually, to propose some changes de lege ferenda. In the first chapter, the terms "bankruptcy" and "debt relief" are analysed and the rehabilitative solution of bankruptcy of a debtor is specified, with emphasis on the institutions of release of the debtor from payment of the unpaid parts of their outstanding obligations, the extent of the right to dispose of the debtor's assets, the social dimension of debt relief and the honest intention of the debtor in comparison with the liquidation solution of solving debtor's bankruptcy. The second chapter is devoted to the legislative proceedings of adopting the debt relief...
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Legal possition of the insolvency administrator in debt reliéf
Mráčková, Monika ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Legal possition of the insolvency administrator in debt reliéf Abstract An insolvency administrator has an irreplaceable role in the insolvency proceedings. He isn'n an lawyer of debtor or creditors. However, he has to defend a legal interests both of them and to direct insolvency proceedings in such a way that its purpose is fulfilled. The purpose of the insolvency proceedings is to achieve the greatest satisfaction of creditors without any unjustly harmed or unlawfully favored party. The aim of this diploma thesis called "Legal possition of the insolvency administrator in debt relief" is to comprehensively analyze the insolvency administrator's procedure, its role and activity in debt relief. The secondary subject of the thesis is the evaluation of the debt relief legislation, which was substantially amended by an amendment No. 31/2019 Sb. Text of the thesis is divided into two parts, theoretical and practical. Initial part is divided into four chapters, in which the characteristics of the insolvency administrator, including his position towards other entities in insolvency proceedings. The second and third chapters specify the process of issuing the insolvency administrator's license, including the conditions they must fulfill in order to be authorized. The fourth chapter gives the reader insight into...
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Problematic aspects of satisfaction of creditors' claims in debt relief
Vávra, Vojtěch ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The diploma thesis deals with the current legislation of debt relief - as one of three types of insolvency proceedings, in which the situation of person, who has been declared insolvent, in compliance with Czech insolvency law can be resolved - as well as of the satisfaction of creditors' claims within these proceedings. Especially it is focused on problematic issues, that occur during the realisation phase of debt relief and for that the insolvency law does not give an explicit answer. First, the thesis deals with debt relief in theoretical view and provides a comprehensive overview of claims, which are in these proceedings satisfied and which ones are not, and their classification in according to succession, in that they are satisfied. This chapter is particularly focused on claims, which are secured by assets belonging to the insolvency estate, and subordinate claims, which can be satisfied, only when all other debts have been paid, and problems related to it. Second, the thesis describes the election procedure, within creditors choose a part of insolvency estate, which will be used for satisfaction of their claims, depending on debtor's assets and expected future earnings, and tries to answer a question, which type of majority of (unsecured) creditors is required to adopt a resolution on how to resolve...
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Phenomenon of Debt Relief in Context of Changes from 1 July 2017
SEIDLOVÁ, Denisa
This bachelor thesis describes the changes related to the debt relief, that presents the amendment of Insolvency Act No. 64/2017 Coll., which is effective from 1 July 2017, amending Act No. 182/2006 Coll., Bankruptcy and the Methods of its Resolution. This is an important amendment, which transforms a lot of fundamental paragraphs of the Insolvency Act. The thesis provides the essential introduction to the topic of the insolvency proceedings and the debt relief analyzing the current legal regulation of this institute. The changes of Insolvency Act are described and evaluated using analytical method in the context of past and future development. In the practical part is proposed model of debt relief process using process maps.
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The Debt Problems of Elderly People
NEUWIRTHOVÁ, Jana
The thesis deals with the problem of the debts of seniors - the social group that is currently a very actual topic in society. The aim of the bachelor thesis is to state the most typical ways how the seniors can get indebted and how to help them in order to avoid debt traps. The bachelor thesis describes the financial indebtedness of seniors, that leads to unfavourable financial and life situations. The result of this situation is the execution. The thesis explains terms such as execution, court executors and also their practices. It also summarizes the rules and the steps of the social work with the indebted people as well as the prevention and the methods of work with the seniors.
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