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Comparing creditors' satisfaction rates based on ways of debtors' bankruptcy resolution
NOVOTNÁ, Vendula
This thesis compares satisfaction of creditors with different ways of resolving debtors' bankruptcy. It describes different ways of resolving bankruptcy and uses specific data to analyse and compare level of creditor's satisfaction with the way bankruptcy was resolved. The thesis consists of two parts - theoretical and practical. Theoretical part describes historical development of bankruptcy law, defines basic terms, procedural subjects of insolvency proceedings, and outlines particular ways of solving bankruptcy. Practical part of the thesis describes a chosen company, analyses and compares bankruptcy data of debtors and provides recommendation for creditor based on results.
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The role of an insolvency administrator in insolvency proceedings
JUNGVIRTOVÁ, Kateřina
The aim of this thesis is to analyse the role of an insolvency administrator in insolvency proceedings. It's main goal being to describe the legal aspects influencing his work and how these are implemented in practice. The theoretical aspect of this work investigates the history of insolvency proceedings and how they apply to the present day. In this section, we describe the rights and obligations of an insolvency practitioner. We look at how to become an insolvency administrator, including the obligations a practitioner must adhere to, in particular the legal requirements that apply. The practical part of the thesis demonstrates how the legislation is applied by example. The aim being to compare how theoretical knowledge is used in practice. In these cases the working procedures have been compared to real events. There is a subsequent evaluation of each case with each insolvency administrator's performance being ranked according to scale. In the conclusion there is a summary of the results and a proposal of how to ensure insolvency proceedings and the work of an insolvency practitioner can be made more efficient.
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Application of claims in insolvency proceeding
HEJLOVÁ, Anežka
The aim of the thesis is to analyse the process of debt collection in insolvency proceed-ings, to define the rights and obligations of all parties to the proceedings and to apply in practice. The whole thesis is divided into two parts. The first part deals with the issue of claims enforcement from the theoretical point of view. There is defined the insolvency pro-ceedings and the ways of it is solution, the typology of claims, review and subsequent satisfaction of claims. The conclusion of the theoretical part of the thesis is a brief com-parison of insolvency proceedings in the Czech Republic and Slovakia. The second part of the thesis builds on the previous theoretical knowledge and analyses the process of asserting claims in a real Czech company. The subject of the research is to analyse the methodological processes of the company in the event that the client en-ters into insolvency proceedings. The practical part of the thesis also includes the appli-cation of the claim according to the methodological procedures of the company. Based on the information obtained through application practice in a particular company, the thesis concludes with de lege ferenda proposals with regard to current sources of law.
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The creditor protection law within corporate debt financing
Šubrt, Martin ; Černá, Stanislava (advisor) ; Rozehnal, Aleš (referee) ; Elek, Štefan (referee)
The creditor protection law within corporate debt financing Abstract In this paper I have dealt with the protection of a creditor in debt corporate financing, where the debtor is a capital company. In this case, there are relatively specific conflicts of interest between creditors on one hand and shareholders on the other. This is due, in particular, to the characteristics of a capital company where the shareholders are not liable for the liabilities of the company (or they are limited in their liability) and are not responsible for their decisions, while the assets of the company are separated from the assets of the shareholders. Shareholders and creditors thus make competition for company assets. While the shareholders want to realize their investment as quickly as possible, they stand in an imaginary queue as residual creditors of the company at the end. This may lead to their attempt to overtake fixed creditors. This motivation culminates especially in situations where the company is in financial difficulties. Shareholders are aware of the fact that in case of insolvency, no company assets will be distributed to them. In this thesis, I focus on protection of creditors of companies from opportunistic behaviour of shareholders, who may withdraw the company's assets at the expense of its creditors, i.e....
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Court execution of immovable assets in the Czech in the age of 1918 - 1963
Ťoukálek, Josef ; Soukup, Ladislav (advisor) ; Winterová, Alena (referee) ; Vojáček, Ladislav (referee)
Court execution of immovable assets in the Czech in the age of 1918 - 1963 Abstract: The work deals mainly with executory proceedings and distrainments in the period of the First Czechoclovakian Republic and after the year 1950. It introduces procedural rules concerning exekutory proceedings in the 1890s which were juridical regulations of a big and detailed extent and which were accepted into the legal code of the First Czechoslovakian Republic and procedural rules issued after 1950 which already didn't know a whole range of exekutory institutes of the previous age. On the other hand, these laws introduced a number of new institutes of enforcement, such as an incidental dispute, debating the debtor's objections directly in the enforcement proceedings. In 1955, a new form of wage enforcement was introduced to enforce maintenance for minor children when the seizure of part of the wage obliged not only the original payer but also all the following to which the debtor eventually went. The work is also patterned on the period legal decisions of individual courts of the First Czechoslovakian Republic, particularly of the Supreme Court. The applications of these decisions are illustrated by real sample cases. Individual entities (creditors, debtors, the third entities, law courts) within the exekutory proceedings...
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The status of creditor in insolvency proceedings
Ropková, Kristýna ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The status of creditor in insolvency proceedings Abstract The subject of the diploma thesis is "The status of creditor in insolvency proceedings." The purpose of this thesis is to provide a comprehensive view on the status of creditor in insolvency proceedings according to the Act No. 182/2006 Coll., (The Insolvency Act), in particular with regard to the issue of raising claims and settlement in insolvency proceedings. One of the item of focus is also participation of creditor in creditor bodies, especially at meeting of creditors and creditors' committee. The principal sources of this work are current laws, relevant literature and also current domestic case law. This thesis is divided into six main chapters, which are further divided into a particular subchapters. The first chapter presents an introduction to subject of matter. This chapter deals generally with the concept of insolvency proceeding, its subject, purpose of insolvency proceedings and the basic principles of insolvency proceedings as well. The second chapter deals with the concept of the creditor, both from the point of the view of the civil substantive law and the civil procedural law. This chapter briefly explains the concept of the individuals and participants in insolvency proceedings. The third chapter focuses on creditor bodies which...
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Receivables Management in Corporation
Fischer, Jan ; Pavelková, Iveta (referee) ; Pěta, Jan (advisor)
This bachelor’s thesis deals with the issue of the correct receivables management system setup in a selected business corporation. Measures that lead to a reduction in the number of overdue receivables have been proposed based on the results of analyses of receivables and their management system.
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Proposal of the Debt Collection Improvement in the Enterprise
Smržová, Petra ; Křivánková, Petra (referee) ; Musilová, Helena (advisor)
This bachelor thesis deals with the recovery of claims in XYZ s.r.o. Basic terms are explained initially, focusing on the legal, accounting, economy and tax point of view. Analysis of current status provides information about the commercial entity and a breakdown of the claims, including their security rights and recovery. Based on the findings, there are recommendations provided in order to possibly improve the state of claim recovery.
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Receivables Management in Corporation
Burková, Veronika ; Grünwald, Jan (referee) ; Pěta, Jan (advisor)
Bachelor thesis is focused on receivables in a selected business corporation with main emphasis on overdue receivables. Based on financial processing and analysis of receivables within the company measures have been suggested in order to improve the current status of the company.
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