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Discharge a rescue mode of resolution of insolvency
Kořenová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge a rescue mode of resolution of insolvency Summary The aim of this thesis is to provide a comprehensive analysis of the Institute of debt relief as one of the solution of bankruptcy. The work is divided into three chapters. The first chapter is a historical excursion, describing the evolution of resolving insolvency and bankruptcy proceedings in the world and in the Czech Republic. The second chapter deals with the general interpretation of the concept of bankruptcy, insolvency proceedings and its effects. The third and most extensive chapter then focuses on discharge from debts itself and its nodal points that are crucial in this process. Namely persons entitled to file a petition for permission to discharge debts, including the requirements of this petition, the court's decision on the permit and subsequent approval of discharge from debts, debt discharge methods and duties of the debtor, and finally the decision of fullfilment of debt discharge and exemption of debtor from debts. Act no. 182/2006 Coll. on bankruptcy and its solution (Insolvency Act) provides two methods of debt discharge. Debt discharge through the realisation of assets or under the schedule payement. Both methods have in common that the debtor must pay at least 30% of the total value of its unsecured debts and the unsecured...
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Discharge as one of debt-eliminating modes of solving bankruptcy
Šnoblová, Zuzana ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Discharge as one of debt-eliminating modes of solving bankruptcy Abstract The aim of this thesis is to define the new law institute as regards insolvency law that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Law). The act came into force on 1.st January 2008. The purpose of this thesis is also to describe the practice of courts when applying afore mentioned law and specify some difficulties concerning new legislation. Discharge from debts is one of the remediation methods to resolve the debtor's bankruptcy. The idea is to allow the debtors to exempt from the payment of their debts and start new life free of debt. Discharge from debts is a tool for solving the so-called consumer bankruptcy people who are not entrepreneurs. The part of the thesis deals with the personal scope of discharge. Furthermore, it is up to the court to decide whether it discharges debtors from their debts. The basic premise is the honest intention of the debtor. Another assumption is the fact that the debtor will satisfy at least 30 percent of the claims of unsecured creditors. Discharge from the debts can be secured in two ways. The first way is to liquidate the debtor's estate and the second, is to fulfill monthly payments in five years, the second solution is often preferred by the unsecured...
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Discharge from debts in Czech insolvency law
Ferešová, Romana ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Thesis "Discharge from debts in Czech insolvency law" mostly aims to analyze recent legislation of the institute discharge from debts as a recovery method of solution to critical financial situation of debtor called as bankruptcy. This thesis deals with institute of discharge from debts in current Czech insolvency law with regard to amendment of Insolvency act, which came into force on the 1st of January 2014 and also with regard to another prepared amendment of Insolvency act. This thesis also contains emphasis on development of some institutes of discharge from debts, especially of joint discharge from debts of married couples and discharge from debts of self-employed persons in relation to changing legislation and judicial decisions.
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Comparison of Czech and German insolvency law with insight in to practice
Chytil, Petr ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
As it implies from the title, aim of this thesis is to compare Czech and German insolvency law and find out differences, also on the practical level. Motivation to choose these countries came from facts, that both countries are economically connected and German law is traditional source of Czech law. Another aim is to find out, if the law of our western neighbours can be inspiration also for future changes to relatively new insolvency law in Czech. Because the title of this thesis is rather general, it was necessary to specify the content of this thesis with choosing main points. These are discharge from debts, reorganisation and insolvency administrator seen as a profession. Aim of this thesis is not to cover the insolvency law complexly. Thesis is divided into eleven chapters. First chapter is introduction and clears aims of this thesis. Second and third chapter describes the introduction to German insolvency law, which fairly overlaps the introduction to Czech insolvency law. Selected differences are mentioned in fourth chapter. Chapters five to seven are containing the main themes of this thesis, and these chapters are divided into subchapters with German law, Czech law and subchapter with comparison. The chapter about discharge from debts is rather extensive, because the concept of this legal...
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Discharge a rescue mode of resolution of insolvency
Kořenová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge a rescue mode of resolution of insolvency Summary The aim of this thesis is to provide a comprehensive analysis of the Institute of debt relief as one of the solution of bankruptcy. The work is divided into three chapters. The first chapter is a historical excursion, describing the evolution of resolving insolvency and bankruptcy proceedings in the world and in the Czech Republic. The second chapter deals with the general interpretation of the concept of bankruptcy, insolvency proceedings and its effects. The third and most extensive chapter then focuses on discharge from debts itself and its nodal points that are crucial in this process. Namely persons entitled to file a petition for permission to discharge debts, including the requirements of this petition, the court's decision on the permit and subsequent approval of discharge from debts, debt discharge methods and duties of the debtor, and finally the decision of fullfilment of debt discharge and exemption of debtor from debts. Act no. 182/2006 Coll. on bankruptcy and its solution (Insolvency Act) provides two methods of debt discharge. Debt discharge through the realisation of assets or under the schedule payement. Both methods have in common that the debtor must pay at least 30% of the total value of its unsecured debts and the unsecured...
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Discharge from debts in Czech insolvency law
Ferešová, Romana ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Thesis "Discharge from debts in Czech insolvency law" mostly aims to analyze recent legislation of the institute discharge from debts as a recovery method of solution to critical financial situation of debtor called as bankruptcy. This thesis deals with institute of discharge from debts in current Czech insolvency law with regard to amendment of Insolvency act, which came into force on the 1st of January 2014 and also with regard to another prepared amendment of Insolvency act. This thesis also contains emphasis on development of some institutes of discharge from debts, especially of joint discharge from debts of married couples and discharge from debts of self-employed persons in relation to changing legislation and judicial decisions.
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Discharge as a mode of resolving insolvency of a debtor
Dubová, Vendula ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge from debts as a mode of resolving insolvency of a debtor The aim of this thesis is to describe the institute of discharge from debts as one of the methods of resolving insolvency of a debtor, its principles and development, in the legal regulation in the context of relevant case-law and literature with respect to the ratified amendment of the legal regulation. Discharge from debts is according to the valid Czech legal regulation, which is the Act no. 182/2006 Coll., the Insolvency Act, a method of resolving insolvency of a debtor, which we count, together with reorganization, among rehabilitation methods of resolving insolvency. The purpose of discharge from debts is ensuring relative satisfaction of creditors, which is not liquidating for the debtor, and enabling him a new life without debts. It concerns debtors non- entrepreneurs, natural persons and legal entities. Only the debtor is entitled to apply for discharge from debts. The court shall while deciding on the debt discharge permission consider especially whether it is likely that at least 30 % of the claims of creditors receivable from the debtor will be settled and it shall also assess the honest intentions of the debtor. There are two forms of the discharge from debts. One of them is discharge from debts by means of converting the...
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Discharge as one of debt-eliminating modes of solving bankruptcy
Šnoblová, Zuzana ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Discharge as one of debt-eliminating modes of solving bankruptcy Abstract The aim of this thesis is to define the new law institute as regards insolvency law that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Law). The act came into force on 1.st January 2008. The purpose of this thesis is also to describe the practice of courts when applying afore mentioned law and specify some difficulties concerning new legislation. Discharge from debts is one of the remediation methods to resolve the debtor's bankruptcy. The idea is to allow the debtors to exempt from the payment of their debts and start new life free of debt. Discharge from debts is a tool for solving the so-called consumer bankruptcy people who are not entrepreneurs. The part of the thesis deals with the personal scope of discharge. Furthermore, it is up to the court to decide whether it discharges debtors from their debts. The basic premise is the honest intention of the debtor. Another assumption is the fact that the debtor will satisfy at least 30 percent of the claims of unsecured creditors. Discharge from the debts can be secured in two ways. The first way is to liquidate the debtor's estate and the second, is to fulfill monthly payments in five years, the second solution is often preferred by the unsecured...
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Bankruptcy and insolvency proceedings as a part of economical life
Filip, David ; Antoš, Ondřej (advisor) ; Vostrovská, Zdenka (referee)
This paper prologuizes the explanation of bankruptcy, its causes of bankruptcy and entailments. It outlines a history and evolution of the insolvency law and the necessity to modify it in the Czech Republic. It describes nowadays law form of the insolvency act in the Czech republic. It focuses on the reasons of releasing new insolvency law as a tool for market clearing. It distinguishes the role, bahaviour, protection and motivations of the subjects (debtors and creditors) who acts in the free -- market economy. In other part of paper it shows new forms of solving tools for bankruptcy and insolvency -- resurrection as a formal way and reorganization and discharge from debts as an informal way. The practical part includes the progress of bankruptcy through the use of statistics and charts and it illustrates connections between bankruptcy and financial depression. It analyses the description of the concrete company. It examines the contributions and deficiencies of the insolvency law.
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