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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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The Rights and Duties of natural Persons during Proceedings on Discharge of the Debt
Šůsová, Táňa ; Frintová, Dita (referee) ; Smolík, Petr (referee)
The rights and duties of natural persons during proceedings on discharge of the debt Abstract The main aim of the thesis is to describe the institute discharge of the debt that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The thesis analyses the discharge of the debt from the perspective of the debtor, natural person. The thesis presents a status of the debtor, his rights and duties during insolvency, respectively presents the discharge debtor of his debt. The purpose of the thesis is to describe valid legal regulation, the description of the court decisions in the use of the Insolvency Act, the expert's opinions and the problems with the imperfection of the Insolvency Act, in the part of the discharge of the debt. In the first part, the thesis characterizes the history of the insolvency act and discharge of the debt in the Czech countries since 18th century. Next chapter defined some terms for the thesis important. Specifically, there is defined the term of the debtor. With regard to the discharge of the debt as one of debt-eliminating modes of solving bankruptcy of the non-businessmen's person, the thesis analyzes the term of non-businessmen's person in one of the subchapter. There are defined next terms, guarantor, co-debtor, the term of husband or wife of...
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Discharge of debt of a natural person
Marková, Alice ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge of debt of a natural person Abstract Inability to repay debts is a long-term problem in the Czech Republic. This problem is exacerbated by the coronavirus epidemic SARS-CoV-2, as a result of which many people have lost their regular income. Especially for natural persons, an attractive solution to their unfavourable financial situation is the institute of discharge of debt. Its aspects are dealt with in this thesis. Through discharge of debt, the debtor can break free of the spiral of debt and return to active economic life. Recently, discharge of debt has undergone significant changes, which were introduced by the so-called Discharge of Debt Amendment and the so-called Lex Covid I and Lex Covid II. The Discharge of Debt Amendment aimed to make the discharge of debt available to a wider group of debtors. Lex Covid I and Lex Covid II were primarily intended to mitigate the adverse economic effects of measures against COVID-19. However, they also introduced permanent changes in the institute of discharge of debt. All these amendments have significantly simplified the conditions for discharge of debt in favour of debtors. However, they are associated with a number of issues that this thesis deals with from a theoretical and practical point of view. In addition, an amendment to the Insolvency Act,...
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The Rights and Duties of natural Persons during Proceedings on Discharge of the Debt
Šůsová, Táňa ; Frintová, Dita (referee) ; Smolík, Petr (referee)
The rights and duties of natural persons during proceedings on discharge of the debt Abstract The main aim of the thesis is to describe the institute discharge of the debt that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The thesis analyses the discharge of the debt from the perspective of the debtor, natural person. The thesis presents a status of the debtor, his rights and duties during insolvency, respectively presents the discharge debtor of his debt. The purpose of the thesis is to describe valid legal regulation, the description of the court decisions in the use of the Insolvency Act, the expert's opinions and the problems with the imperfection of the Insolvency Act, in the part of the discharge of the debt. In the first part, the thesis characterizes the history of the insolvency act and discharge of the debt in the Czech countries since 18th century. Next chapter defined some terms for the thesis important. Specifically, there is defined the term of the debtor. With regard to the discharge of the debt as one of debt-eliminating modes of solving bankruptcy of the non-businessmen's person, the thesis analyzes the term of non-businessmen's person in one of the subchapter. There are defined next terms, guarantor, co-debtor, the term of husband or wife of...
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Modes of insolvency solution of non-entrepreneurial natural persons
Myslivcová, Tereza ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Modes of insolvency solution of non-entrepreneurial natural persons The development of credit transaction and associated rising debt of households, led to a non entrepreneurial natural person becoming the typical subject of modern insolvency law. Act No. 182/2006 Coll., on Insolvency and its solution (Insolvency Act) gives consumers the possibility of remediation mode of solution of their insolvency through discharge of debt, which allows debtor to solve his unfavourable economic situation given at least part of his debts is satisfied in such a way that he avoids a devastating impact of his debt and has a chance of exiting the debt spiral and to starting over. The thesis deals with insolvency of these persons and modes of its solution, based not only on the current legislation, but also on judicial practice because a whole range of issues have been solved only within this framework. The change should be brought about by the so called conceptual amendment of the Insolvency Act, prepared by the Ministry of Justice, whose goal is to incorporate disputed issues and issues unsolved in the Insolvency Act. The prime purpose of my thesis is to analyse the process of consumer's insolvency solution, especially focusing on discharge of debt and the slight bankruptcy and its specificity with emphasis on issues...
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Discharge of debts as a remediation method of resolving insolvency
Srnková, Veronika ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
This thesis approaches discharge of debts as a remediation method of resolving insolvency. Discharge of debts is a second chance for people who are unable to repay their debts. This method of resolving insolvency is not suitable for all borrowers, applies only to persons non-entrepreneurs who have regular income from which they can regularly pay their debt repayments. The remediation method of resolving insolvency is thus that the borrower is in compliance with all the conditions laid down by the Insolvency Act exempted from payment of the remaining liabilities because only paid proportionally.
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The rights and duties of natural persons during proceedings on discharge of the debt".
Šůsová, Táňa ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The rights and duties of natural persons during proceedings on discharge of the debt Abstract The main aim of the thesis is to describe the institute discharge of the debt that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The thesis analyses the discharge of the debt from the perspective of the debtor, natural person. The thesis presents a status of the debtor, his rights and duties during insolvency, respectively presents the discharge debtor of his debt. The purpose of the thesis is to describe valid legal regulation, the description of the court decisions in the use of the Insolvency Act, the expert's opinions and the problems with the imperfection of the Insolvency Act, in the part of the discharge of the debt. In the first part, the thesis characterizes the history of the insolvency act and discharge of the debt in the Czech countries since 18th century. Next chapter defined some terms for the thesis important. Specifically, there is defined the term of the debtor. With regard to the discharge of the debt as one of debt-eliminating modes of solving bankruptcy of the non-businessmen's person, the thesis analyzes the term of non-businessmen's person in one of the subchapter. There are defined next terms, guarantor, co-debtor, the term of husband or wife of...
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