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The current regulation of the discharge of debts in the Czech Republic from the perspective of jurisprudence
Čevelová, Lucie ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
The current regulation of the discharge of debts in the Czech Republic from the perspective of jurisprudence This thesis analyzes the institute of discharge of debts, which was incorporated into our legal system relatively recently, effective as of 1st January 2008, and soon became a very popular instrument for resolving the debtor's bankruptcy or impending bankruptcy. The importance of the jurisprudence in the area of discharge of debts is highlighted in this work. Although the jurisprudence is not the source of law in the Czech Republic, the decisions of insolvency courts are significantly influenced by that. Cited in this work, there are lots of very important decisions of the High Courts as well as the Supreme Court of the Czech Republic, which considerably influenced the institute of discharge of debts. For example, the High Court in Prague in fact implemented the institute of the joint debt relief of spouses, unknown by the Insolvency Act before 31st December 2013. Considerable attention is further paid to the so called Revision Amendment, i.e. the Amendment to the Insolvency Act No. 294/2013 Coll., effective as of 1st January 2014. By means of this Amendment the legislator has reflected the most important juridical decisions into the Insolvency Act. In particular, the possibility of the...
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Discharge of a debtor - one of modes of insolvency solution
Kravcivová, Kristýna ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
(ENG) DISCHARGE OF A DEBTOR - ONE OF MODES OF INSOLVENCY SOLUTION This diploma thesis aims to provide a detailed overview of the discharge from debts in the insolvency proceedings. The debt relief was incorporated into the Czech legal system by the Insolvency act, No. 182, 2006 Coll, which entered into force on the January 1st 2008. The idea of debt discharge was led by an intention to provide highest possible and proportional satisfaction equally to all creditors and in the same time, to protect debtor's right to decent living conditions. In the case of successful debt discharge, the debtor is forgiven part of his debts, as long as he performs his good will during entire insolvency process. The debtor must not have any debts originated in his business activities, unless he specifically agrees on an exception with the creditor. This determinates a debt discharge to be used mainly by individual persons, not by companies. Also, the final creditors' satisfaction must reach at least 30 % of debtor's claims. We distinguish two forms of debt discharge. In the first case, which is called audition, all debtor's assets are sold out and received funds are used for creditors' satisfaction. In the second case, which uses agreed payment schedule, all debtor's income over the minimum base is regularly...
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Registration of claims in insolvency proceedings
Janoušek, Jan ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
RAISING CLAIMS IN INSOLVENCY PROCEEDING - ENGLISH ABSTRACT The aim of this thesis is to provide a comprehensive summary of institutes of an insolvency law related to the application of claims as well as defining the rights and obligations of creditors related to this topic with a closer focus on risk and problematic facts appearing in practice. All the text is based on the insolvency law effective at the time of its creation and besides the academic literature also often uses related practice of the courts. The introductory part presents an insolvency law in its historical and also contemporary context. It is listing the material sources and their brief characteristics needed to simplify the understanding of the substance of an insolvency law. For the same reason the initial chapters deal with the basic principles and terminology of an insolvency law, namely an insolvency proceeding, a bankruptcy and closely characterize particular ways of solving a debtor's bankruptcy. Another part of this thesis focuses on the actual debts. The legal analysis of the term debt and its types that are applied during insolvency proceedings is being carried out and it involves also the list of debts excluded. On the other hand this part includes the theory of debts with no need to be applied, since those are registered into...
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Creditors in insolvency proceedings
Fiedlerová, Dana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of my thesis is the study of creditor status during insolvency proceedings. My objective is to provide a description of the current legal regulations of creditors and their receivables in insolvency proceedings with a focus on specific problems that may arise during the process of the collection of receivables during insolvency proceedings. I also refer to various principal court decisions dealing with these issues. The aim of this thesis is not to present a comprehensive description of all creditor related issues, but to provide a general summary of the relevant processes and to present the most common practical problems and their solutions.
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Discharge a rescue mode of resolution of insolvency
Kořenová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge a rescue mode of resolution of insolvency Summary The aim of this thesis is to provide a comprehensive analysis of the Institute of debt relief as one of the solution of bankruptcy. The work is divided into three chapters. The first chapter is a historical excursion, describing the evolution of resolving insolvency and bankruptcy proceedings in the world and in the Czech Republic. The second chapter deals with the general interpretation of the concept of bankruptcy, insolvency proceedings and its effects. The third and most extensive chapter then focuses on discharge from debts itself and its nodal points that are crucial in this process. Namely persons entitled to file a petition for permission to discharge debts, including the requirements of this petition, the court's decision on the permit and subsequent approval of discharge from debts, debt discharge methods and duties of the debtor, and finally the decision of fullfilment of debt discharge and exemption of debtor from debts. Act no. 182/2006 Coll. on bankruptcy and its solution (Insolvency Act) provides two methods of debt discharge. Debt discharge through the realisation of assets or under the schedule payement. Both methods have in common that the debtor must pay at least 30% of the total value of its unsecured debts and the unsecured...
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Position of spouses in insolvency proceedings
Hašová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this thesis is to describe and bring the issue of the position of spouses in insolvency proceedings to the reader. In last few years this issue has become more and more relevant and brought a lot of questions and problems to case law but also to the legislation that deals with it. The thesis is divided into three chapters. Chapter One introduces the basic terminology used in the thesis to the reader in order to help him or her understand issues presented later. The definitions of following concepts may be found in this chapter: insolvency proceedings, insolvency and its solution modes, marriage, common property of spouses and the estate in insolvency proceedings. Chapter Two deals with the discharge of the debts of spouses which represents the new legal institute adopted by Act No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency and its solution modes (Insolvency Act) and Act No. 312/2006 Coll., on insolvency administrators (hereinafter referred to as "revising amendment"). The first subchapter briefly illustrates the previous legislation so the reader can compare the differences and note the changes brought by the revising amendment. The following subchapters describe the whole process of discharge of the debts step by step concentrating on the specifics of...
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Insolvency proceedings and their application in practice
Arnold, Edita ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
In this work, I have focused on solving problems of analysis of the debtor's bankruptcy in the Czech Republic in terms of its practical application. I interpreted the relevant provisions of the Insolvency Act relating to the issue of insolvency proceedings, and I tried to explain some of the problems that have occurred in connection with the application of the insolvency law. Work is conceived so as to explain the issue of resolving insolvency of the debtor in general. Individual chapters provide a general interpretation of the issue, both in terms of the Insolvency Court, which decides on insolvency proposals from the perspective of the legislature, trustee in bankruptcy, the creditor and the debtor. Given the scope of this study was important to examine the individual sub- problems of certain statutory provisions in detail. However, where they have been in practice for common problems and where there was confusion, there was given to wider attention to this issue. The work is complemented about judicial decisions, where are application problems practically interpreted.
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Insolvency proceeding from secured creditor point of view
Chovanec, Ondřej ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with insolvence proceedings from secured creditor point of view. Opening chapter is devoted to historic development of bankruptcy law. Main part of this thesis describes insolvency proceedings from insolvency petition to logdement of claim to monetary satisfaction of secured creditor's claim. Closing chapter deals with bankruptcy law de lege ferenda. Focus is set on practical issues occuring in praxis.
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The institution of discharge with regard to a revising amendment of the Insolvency Act
Taterová, Pavla ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this thesis is to put an interpretation on the institution of discharge with regard to an approval of the Act No. 294/2013 Coll., which changes the Act No. 182/2006 Coll., on decline and its solution strategies (Insolvency Act) and the Act No. 312/2006 Coll., on insolvency administrators (hereinafter referred to as "revising amendment"), to compare the amendment before and after its taking effect, with a main focus on discharge for entrepreneurs and individuals whose debts come from entrepreneurship, and on discharge for spouses. The thesis is divided into five chapters. The first chapter sums up the development of insolvency proceedings and insolvency law from Roman times to the present day. Thanks to this overview, the reader can see that insolvency proceedings and insolvency law are not only contemporary issues and owing to this, we are also able to map the development which led to the Insolvency Act as it stands. The main topic of the second chapter is decline and its solution strategies. As to the decline, I describe its two basic alternatives, insolvency and over-indebtedness. I mention also the imminent decline, which is followed by division of decline solution strategies into rehabilitation and liquidation, offering a brief specification of each of them. The whole third chapter...
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The Currents Problem of Over-indebtedness and its Social Consequences
Dosedlová, Tereza ; Krahulcová, Beáta (advisor) ; Zelinková, Olga (referee)
The bachelor thesis Current Problem of Over-indebtedness and its Social Consequences provides the reader insight into a relatively new and still more topical socio- economic theme . Live in debt author considers as main problem related to indebtedness and explains it as a high-risk societal phenomenon. Attention is focused on the person, who may be, or already is acutely affected by this issue . Such a person is always individuality but absorb the features of its cultural background. The theoretical part deals with the use of live resources which can be understood as money, natural wealth or personal potential. The methods of their use always depends on the habits of the whole social environment in which the debtor lives . The last part provides six living testimonies of the people who are affected by the Over-indebtedness right now.
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