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The Insolvency Practitioner as a Procedural Entity of Insolvency Proceedings
Weigl, Veronika ; Macková, Alena (advisor) ; Havel, Bohumil (referee) ; Patakyová, Mária (referee)
1 Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce The Insolvency Practitioner as a Procedural Entity of Insolvency Proceedings The aim of this thesis is to thoroughly analyse the status of the insolvency practitioner as a procedural entity of insolvency proceedings de lege lata, to reveal unclear or unsatisfactory points of the applicable legislation and on the basis of this analysis to suggest appropriate legislative changes de lege ferenda. The insolvency practitioner may be a natural person, an unlimited partnership and under certain conditions also a foreign company. The performance of this activity is regulated by law and a great emphasis is placed on qualifications of the insolvency practitioner, however, the legislator could have been stricter regarding the qualifications. Nationals of a member state and foreign companies providing the same guarantees of liability of shareholders as an unlimited partnership, which are performing the activity of an insolvency practitioner in another Member State, may also temporarily or occasionally act as visiting insolvency practitioners in the Czech Republic. The right to perform the activity of the insolvency practitioner is exercised through performance of insolvency practitioner's office in specific...
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Appointment of an insolvency practitioner in insolvency proceedings
Bistárová, Eva ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Appointment of an insolvency practitioner in insolvency proceedings Abstract The main objective of this thesis is to comprehensively analyse the process of appointing an insolvency practitioner in insolvency proceedings. The opening chapter of the thesis presents the historical research of different systems of insolvency practitioner appointment, being the prerequisite for the further analysis. The second chapter determines the role of an insolvency practitionerwithinthejudicial system,whichappears tobe crucial for identifyingobjections to current regulation and proposing suitable approaches. This chapter contains an analysis of the very definition of an insolvency practitioner, the linear timeline of the performance of this office from licensing to delicensing, classification of insolvency practitioners, identification of supervisory authorities, and the model of state liability for the performance of insolvency practitioner's office. The second chapter further provides the detailed analysis of the public-service dimension of the insolvency practitioner's office, and the foreign legislation establishing heterogeneous insolvency administration schemes. The first two chapters are systematically proceeded by the analysis of the legal framework of the process of appointing insolvency practitioners, identifying...
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Discharge of debt from the insolvency practitioner's point of view
Koucký, Jiří ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
1 Discharge of debt from the insolvency practitioner's point of view Abstract The rigorous thesis provides a detailed view of the debt discharge process, as a remedial way of resolving the debtor's bankruptcy, from the perspective of the insolvency practitioner. It contains an overview of his duties and tasks in chronological order as he encounters them during the proceedings from the moment of his appointment until his dismissal. This demonstrates the amount of work and the need for sufficient professional qualifications of the practitioner. The individual chapters discuss some application or interpretation problems with a possible practical solution, based primarily on case law, opinions of experts, judges, literature and professional articles. These findings are sometimes supplemented by the author's opinion or a note about the method of insolvency practitioners or courts in practice. The thesis also deals with the financing of the insolvency practitioner's agenda in debt discharge and evaluation of whether it is sufficient due to the gradual increase of duties in this kind of insolvency proceeding in recent years, but also in connection with future changes in debt discharge, which currently brings European law. These changes are evaluated in terms of their impact on the debt discharge process, including...
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Status of insolvency practitioner in insolvency proceedings
Vávra, Marek ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Status of insolvency practitioner in insolvency proceedings Abstract This diploma thesis provides a comprehensive legal analysis of the status of the insolvency practitioner not only at the very beginning of insolvency proceedings until filing the final report at the end of insolvency proceedings, but also an analysis of the insolvency practitioner profession itself, including the legal conditions imposed on the insolvency practitioner necessary to obtain a license to perform activities as an insolvency practitioner. The first chapter is a short historical excursion across the legal regulations of the status of insolvency practitioner from the Imperial Decree of 1869 to the present. The second chapter is devoted to the authorization to perform the activities of an insolvency practitioner including its eventual termination or cancellation by the supervisory authority. It discusses in detail the conditions that an insolvency practitioner must meet to be licensed to perform the activities of an insolvency practitioner by the Ministry of Justice of the Czech Republic, and the second part it deals with the professional examinations of insolvency practitioner. The third chapter discusses the procedural status of the insolvency practitioner with a special focus on the person of the insolvency practitioner with a...
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The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court
Zezulka, Ondřej ; Dvořák, Bohumil (referee)
1 Název disertační práce v anglickém jazyce, abstrakt, klíčová slova The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court Abstract The thesis presents to readers both theoretical and historical background of the insolvency practitioner profession, characteristic attributes of performing function of the insolvency practitioner and a basis of so-called supervisory activity of an insolvency court over various subjects of the insolvency proceedings. The second chapter is dedicated to the central topic of the thesis which resolves the issue of the status and performance features of the insolvency practitioner within the insolvency proceedings. The interpretation exposes an ambivalent theoretical background supporting the profession of insolvency practitioner and fragmentation of opinions held by the professionals as to his genuine position within a judiciary system; these vary from private entrepreneurship towards an entity entrusted with public authority competences close to judicial commissioner. The next chapter comprehensively analyses a position of the insolvency court within the insolvency proceedings. The effort of the author is prevailingly directed to uncover the context between categorical requirements (principles) on conducting insolvency...
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The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee) ; Petrov, Jan (referee)
1 Název disertační práce v anglickém jazyce, abstrakt, klíčová slova The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court Abstract The thesis presents to readers both theoretical and historical background of the insolvency practitioner profession, characteristic attributes of performing function of the insolvency practitioner and a basis of so-called supervisory activity of an insolvency court over various subjects of the insolvency proceedings. The second chapter is dedicated to the central topic of the thesis which resolves the issue of the status and performance features of the insolvency practitioner within the insolvency proceedings. The interpretation exposes an ambivalent theoretical background supporting the profession of insolvency practitioner and fragmentation of opinions held by the professionals as to his genuine position within a judiciary system; these vary from private entrepreneurship towards an entity entrusted with public authority competences close to judicial commissioner. The next chapter comprehensively analyses a position of the insolvency court within the insolvency proceedings. The effort of the author is prevailingly directed to uncover the context between categorical requirements (principles) on conducting insolvency...
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Insolvency practitioner – assets recognition and the realization of assets
Němeček, Lukáš ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The bachelor thesis is focused on the two main activities of an insolvency practitioner. First activity is called recognition of assets. In this part is defined what a recognition of assets contains. The following part describes the process of debtor's recognition of assets which conforms to the determined procedures. These steps lead to the result of the insolvency practitioner's activities -- an inventory of assets. The second activity of the insolvency practitioner is a realization of assets. This part describes a procedure which leads to the creditors satisfaction. The insolvency practitioner claims an appropriate reward for his work. The meaning of this thesis is to make proposals which could lead to more efficient activities of the insolvency practitioner and to the acceleration of insolvency proceedings process.
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