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Registration of claims in insolvency proceedings
Murin, Ladislav ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Registration of claims in insolvency proceedings Abstract In the financial world it is not uncommon for debtors to find themselves in a situation of being insolvent and unable to fulfill their obligations to creditors. Insolvency proceedings were created to resolve such a situation, enabling the creditors to have their claims registered and satisfied en masse (collectively). However, the registration of claims is a complex process consisting of several phases, namely the registration of claims stricto sensu, their verification and satisfaction. Proper understanding of each of its individual aspects is crucial for the creditors. However, constant changes by the legislator to the rules of this process make it difficult for creditors to understand them. The newest changes to the "rules of the game" are a result of two acts by which the Act No. 182/2006 Coll., on insolvency and its resolution (insolvency act) was amended and which came into effect in 2017. The amendments brought a number of changes, but changes to the registration of claims occurred mainly in the verification of filed claims, the status of claims registered by the homeowner association and in the filing of contingent and future secured claims. The most significant change brought about by one of these amendments is the disuse of the verification...
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Discharge from debts by individuals doing business - the possible effects on the economy
BLÁHOVÁ, Jana
The topic of this thesis is Discharge from debts by individuals doing business - the possible effects on the economy. The aim of the diploma thesis is to introduce and to evaluate the discharge from debts of individuals-businessmen as one of the rehabilitative solutions of insolvency. In the first part, we get acquainted with development of legislative adjustment of insolvency law, course of the insolvency proceedings and process subjects. The thesis follows with introducing methods of solving the insolvency of a debtor. The main part of the thesis discusses the issue of discharge from debts of businessmen in detail including formulation of calculation of repayment and evaluation of suitability of this approach to solution of business debts based on data from publicly available sources. In the last part, we focus on assessing the degree of burden on borrowers and creditors and possible impacts on the economy. In the conclusion there are summarized all learned facts.
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Prerequisites of successful reorganization of the company MOTORPAL, a. s.
Bejčková, Radka ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
This thesis focus on the insolvency proceedings, which were performed in the company MOTORPAL, a. s. During more than seventy years of its history, this company built its strong position on foreign markets in the area of production of fuel injectors for diesel engines and also now belongs between the largest employers in the Region of Vysočina. Constantly deteriorating financial situation forced the owners of the company to take strong measures to restore the company, which led, with the support of secured and unsecured creditors, to preparation and drawing up of reorganization plan. The plan was attached to insolvency application of the company, which meant that company chose the pre-packed reorganization as a way how to solve its bankruptcy. The thesis analyzes the main steps of whole process and highlights all the prerequisites which led to successful completion of this insolvency proceedings and to renewals of financial stability of this traditional Czech manufacturing company.
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The Amendment to the Insolvency Act (Focused on Personal Bankruptcy)
Černohorská, Lucie ; Angelovská, Olga (advisor) ; Ochrana, František (referee)
This diploma thesis deals with the current amendment of the Insolvency Act. It was written by the Ministry of Justice of the Czech Republic. There is introduce the current amendment focuses on personal bankuptcy. The thesis introduces the legislative process of this amendment. For the identification of the actors was used the theory of advocacy coalitions. It shows their conflict of opinions. Two very different coalitions were defined in this problem amendment of Insolvency Act. Based on expert interviews were identified weaknesses of personal bankruptcy and devided into several groups. The study works with the concept of social stratification. It is used to ilustrate quantitative analysis. It contains the research sample of 91 and it completed insolvency proceedings (personal bankruptcy with repayment schedule). The sample were chosen from the relevant courts in Prague, Liberec region and Ústí nad Labem region. The results have been compared in the context of each area and as a whole sample.
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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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Proposal for Insolvency Act ammendments in order to establish equality status of creditors in the process of personal banktruptcy through debts charge off
Prasková, Zuzana ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Title: Proposal for Insolvency Act amendments in order to establish equality status of creditors in the process od personal bankruptcy through debts charge off Thesis summary: The purpose of my thesis is to describe the new form of personal bankruptcy through debts charge off and point out some weaknesses of the current legislation together with some proposals how to deal with them. The reasons that led me to choose this topic are i) new legislation of Insolvency Act which is effective from January 1st 2008, and ii) my practical experience with insolvency proceedings. The thesis composes from eleven chapters where each of them deals with particular phase of the process. Prior to the chapters there is an Introduction which describes the aim of the thesis, reasons for this specific topic and explanations of basic legislation related to personal bankruptcy. Chapter One focuses on origination of the insolvency law in the territory of The Czech Republic and is divided into three subchapters. The first subchapter focuses on the development of insolvency law before the origination of Czechoslovakia, the second subchapter describes changes in the insolvency law from 1918 and the last subchapter deals with the former Bankruptcy Act. Chapter Two clarifies basic changes that were introduced by the Insolvency Act and...
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Financial literacy
Stárková, Zuzana ; Krahulcová, Beáta (advisor) ; Zelinková, Olga (referee)
STÁRKOVÁ, Zuzana, Financial literacy, Prague, 2011. Zuzana Stárková - Charles University in Prague - Husitská teologická fakulta. Supervisor, Prof. PhDr. Beáta Krahulcová, CSc. Main Theme of the thesis is financial literacy, especially its level among the citizens of the Czech Republic. It concerns also with main consequences of insuffícient financial knowledge of Czech citizens nowadays. First part of the thesis deals with definition of financial literacy, its causes and consequences. Further, it covers social and psychological aspects of financial literacy. Last chapters are devoted to the topics of personal bankruptcy and insolvency act. The thesis is finished with a casuistry of an indebted family. Key words: Financial literacy, Financial education, Family finance, Banking, Indebtedness, Execution, Insolvency act, Social and legal counselling
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Corporate restructuring
Revaj, Eduard ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
This thesis deals with the development of the bankruptcy laws in the Czech lands. Thesis discusses the post-revolutionary period, in which centrally planned economy in the Czech Republic returned to market economy. It is discussing critique, shortcomings and amendments of bankruptcy law formed in 1991 by law on the Bankruptcy and Arrangements. The complete change of imperfect legislation followed in a form of Czech Insolvency Act. It addressed critique from the professional community and international institutions led by European Central Bank. Thesis approaches and clarifies issues surrounding new Insolvency Act. It brought a remediation solutions for bankruptcy, especially restructuring, that was lacking in Czech legislation until then. The concrete case of enterprise restructuring of company CP Praha, s.r.o. is discussed in practical part. It evaluates the procedure, satisfaction of creditors and overall assessment of the whole process.
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The quality of insolvency law in the market economy of the Czech Republic
FOLVARČÍKOVÁ, Nikola
The topic of this thesis is the quality of insolvency law in the market economy of the Czech Republic. The aim of the thesis is outlining the course of the insolvency proceedings and introducing basic ways of resolving bankruptcy of a debtor, which means declaring bankruptcy, the discharge of the debt and reorganization. The work focuses in more detail on problems of the discharge of the debt. The main aim of this work is calculating an average amount of satisfaction of unsecured creditors in case of resolving bankruptcy by declaring bankruptcy, reorganization, or the discharge of the debt on the ground of data from the insolvency register which is accessible to the public. There were used samples of proceedings at the Regional court in České Budějovice (hereinafter referred to as "the Regional court in ČB"). The data were subsequently compared with an amount of satisfaction according to statistics. The representative sample consists of the finished insolvency proceedings in the first trimester of years 2011 2015 at the Regional court in ČB.
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Reorganization as a way of resolving insolvency
Ulrychová, Petra ; Kislingerová, Eva (advisor) ; Smrčka, Luboš (referee)
The aim of this thesis is the definition of reorganization as a way of resolving insolvency in the Czech Republic according to the Act no. 182/2006, about bankruptcy and its solution (Insolvency Act). Theoretical and practical part is divided into basic thematic and logically interrelated units that provide a comprehensive description and information relating to the characteristics of basic terms, a description of the insolvency proceedings, the definition of reorganization, the establishment and implementation of the reorganization plan and the application of reorganization on the company Pilsen Steel s.r.o. The work is divided into theoretical and practical part. Descriptive and analytical methods are used to meet the objective of the thesis.
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