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Denial acts in insovency proceedings
Perničková, Barbora ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
1 Denial acts in insolvency proceedings Abstract This rigorous thesis deals with the issue of acts of denial. The aim of the thesis is to provide a comprehensive interpretation of the process of denial of claims in insolvency proceedings, starting from the filing of the claim, through the review hearing, to the subsequent denial of the claim, which may lead to an in-court dispute if the entities entitled to deny the claim exercise this right. The work first discusses the individual procedural subjects of the right of denial, then focuses on the review hearing as a key stage for denying clamis, the individual methods of asserting claims under the Insolvency Act and then explores the process of denying claims itself, including the grounds for denial, the effects of denial and the differences in denial of enforceable or unenforceable claims. The most attention is paid to disputes over the authenticity, amount and order of claims, or opposition disputes, which in practice are the most common insolvency disputes, alongside other disputes under the Insolvency Act, such as counterclaim, exclusion action, disputes for damages for breach of duties by the insolvency administrator, action for the division of the community property of spouses and action for the invalidity of contracts by which the assets were realised...
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Creditors’ claims in Insolvency proceeding
Metzová, Nika ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis with the titled Creditors' claims in Insolvency proceeding deals with the possibility of setting up the claims of creditors in case that the court declared the debtor insolvent and was therefore initiated insolvency proceeding according to the Act no. 182/2006 Col., on Insolvency and Its Resolution (Insolvency Act). The introduction of the thesis also pays attention to other possibilities of enforcing and lodging the claims whether in extrajudicial proceedings or in proceedings before the court by filing an action against the debtor or in proceedings before the court or arbitration and subsequent recovery options of enforceable claims. The main aim of this thesis is to present a detailed analysis of the process of submission of claims in insolvency proceedings from the moment of initiation of the proceeding through submission of the claims to the insolvency court to their reviewing and their possible denial (together with adversary disputes) or their finding and final satisfaction. The chapter that describes the different types of claims is also closely related to the process of submitting, reviewing and satisfaction of claims as the type of the claim may determine whole process of its submission and satisfaction in the insolvency proceeding. Last chapters describe the satisfaction of admitted claims depending to the chosen method of the insolvency resolution and the destiny of unsatisfied of claims when the insolvency proceeding is over. At the end of the thesis is a practical example that should illustrate the procedure of filling the Claim submission form, including all elements of formal and content requirements.
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