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Statutory Insolvency Trustee? Guarantees of independence and impartiality in a pre-packaged reorganisation
Kopřiva, Jaroslav ; Uhl, Pavel (advisor) ; Preuss, Ondřej (referee)
Statutory Insolvency Trustee? Guarantees of independence and impartiality in a pre-packaged reorganisation Abstract The topic of this thesis is the analysis of the right to a statutory judge enshrined in the Charter and its possible application to insolvency proceedings. In particular, the thesis deals with the interpretation of this right and its possible application to other subjects deciding in individual proceedings (e.g. executors, arbitrators, public prosecutors, and insolvency trustees) and the evaluation of the fulfilment of the guarantees arising from this right in insolvency proceedings. The first part of the thesis is thus devoted mainly to the analysis of Article 38 of the Charter, identification of the individual components, i.e. the requirements for legal regulation, which arise from this article and determination of specific aspects of the applicability of this article to other proceedings. The starting point in this respect is in particular the decisions of the Constitutional Court. The second part of the thesis is devoted to the specific requirements arising from the Charter, in particular the guarantees of independence and impartiality of the body deciding the case. It analyses the requirements for the independence and impartiality of courts and judges and compares them with the conditions...
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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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