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Oddlužení jako způsob řešení úpadku
Minaříková, Petra ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The Bachelor's thesis deals with the discharge of debts of a natural person which is governed by the Act No.182/2006 Coll., on Insolvency and Methods of Resolution (the Insolvency Act) and that came into force on January 1st 2008. The aim of this thesis is to provide a fundamental analysis of this non-eliminative method of resolving insolvency and the underlying issues are illustrated by the rulings of the high courts and the Supreme Court of the Czech Republic. The last chapter is devoted to the collective debt relief of the husband and wife, whose bankruptcy estate belongs to community property; this issue is practically created by the practice of the insolvency courts, because the Insolvency Act does not introduce it.
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Reorganization as a Way of Resolving Insolvency and Its Economic and Legal Context
Košut, David ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
The aim of this thesis is to analyze both legislation relating to reorganization pursuant to Act No. 182/2006 Coll., Bankruptcy and Settlement (Insolvency Act), as amended, and reorganization from the economic perspective (e.g. the time needed to reorganize, the yield for the creditors compared to bankruptcy). The thesis also gives an analysis of the companies which were allowed reorganization by the court between 2008 and 2011. In the analysis the length of reorganization is identified, the size of turnover and number of employees are discovered, etc. The methods used in the thesis are mainly the descriptive analytical method, evaluation and comparison method. The main source of information was the data of the reorganized companies published in the insolvency register. The results of the analysis can lead to the conclusion that reorganization is better than bankruptcy for creditors, mainly because of its speed and the size of the yield, however, creditors must take some risks, which they should try to eliminate.
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Insolvency Administrator and His Role in Insolvency Proceedings
Káchová, Markéta ; Kotoučová, Jiřina (advisor) ; Kříž, Radim (referee)
This thesis is focused on the issue of insolvency administrator and his role in insolvency proceedings. Firstly, it deals with the insolvency administrator as a person and tries to offer various points of view on their status not only within the area of insolvency law. It also concerns the general and qualification requirements for the performance of the office of insolvency administrator. Within the explication of the role of the insolvency administrator in the insolvency proceedings, the ways of the administrator's appointment to the office and possibilities of termination of their activity in the office are described, but the main focus is their rights, duties and activities during the insolvency proceedings, both general activities the administrator executes irrespective the way of bankruptcy resolution and activities following the particular ways of bankruptcy resolution. The thesis also contains explication of rewarding of the administrator and compensation of expenses, as well as a chapter dealing with various forms of liability of insolvency administrator. The conclusion offers also a few considerations de lege ferenda.
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Insolvency proceedings from the view of insolvency administrator's duties
Pařezová, Kateřina ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis deals with the insolvency administrator. The objects of this work are mainly are the duties that insolvency administrator has to execute during the insolvency proceeding and the necessary requirements for the performance of the insolvency administrator's function. The objective of this work is to clarify the role of insolvency administrator in the particular phases of insolvency proceedings in general terms and the definition of his position and responsibilities in different types of insolvency proceedings. The aim of this work is also to analyze the assumptions that insolvency administrator must meet in order to obtain permission to perform the function of the insolvency administrator.
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Reorganisation as a way of bankruptcy corporation CENTURION GROUP, SE
Kumsta, Libor ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
This bachelor thesis is devoted to the Act No. 182/2006 Coll. on Insolvency and its Resolution, which replaced the Law on Bankruptcy. Bachelor thesis deals primarily with corporate bankruptcy solution, especially case in corporation. The thesis is divided into a theoretical and practical part. In the theoretical section describes the most important aspects of the reorganization proceedings, from initiation through the reorganization plan to its completion. The individual parts are arranged chronologically and are supported by appropriate legal provisions. In the practical part is specified the case study of company CENTURION GROUP, SE, which is still ongoing reorganization. Based on the current economic situation the company will be most probably reorganization stopped and transferred to the bankruptcy.
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Individual ways of dealing with bankruptcy in Insolvency proceeding
Sequensová, Kateřina ; Kotoučová, Jiřina (advisor) ; Kříž, Radim (referee)
The thesis describes a contemporary insolvency proceeding in the Czech Republic that complies with the Insolvency Act. It deals concretely with a situation when it was already decided by a court about an existence of a debtor's bankruptcy. It describes individual ways of dealing with bankruptcy. It concentrates on a process of insolvency proceeding in Austria and Germany and briefly also on an European insolvency law. The practical part analyses a process of reorganization granting on an example of the company SCHOELLER LITVÍNOV, k. s.
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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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The Role of Creditors during Insolvency Proceedings
Bartošová, Petra ; Randáková, Monika (advisor)
On 1st of January 2008 new Insolvency Act took an effect which have replaced the original Bankruptcy and Composition Law. New update should intencify the competence of the Creditor. And at this subject - their position in the Insolvency Proceedings this essay is concerned with. First part defines basic conception which comes with the new update, Accounts Receivables and Provisions for Bad and Doubtful Debts. In the next items is mentioned which demand is possible to meet during the Insolvency Proceedings; the way how Creditor assests his debt to the Creditor at the Insolvency and the form of Accounting audit.
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Reorganization - new way of bankruptcy resolution
Valenta, Petr ; Kotoučová, Jiřina (advisor) ; Novotný, Vladimír (referee)
The thesis summarizes the legislation of reorganization as a method of bankruptcy resolution. First of all, the historical development of bankruptcy law in our country is described, as well as the current legislation, established primarily by the Insolvency Act and other regulations. The economic reasons for reorganization implementation are analyzed subsequently and the very principles of the reorganization process are thoroughly examined. Various methods of unliquidated bankruptcy resolution in selected countries are briefly covered in the next section of the paper. Conclusion of the thesis highlights the most relevant information about reorganization and points out problematic situations, which may occur in connection with it.
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