|
|
Businessman as a subject of insolvency proceedings
URBANCOVÁ, Markéta
The aim of the diploma thesis is directed at the process of insolvency proceedings, in which the businessman acts as a debtor, or the so-called subject of insolvency proceedings. The theoretical part deals with the basic concepts, subjects of procedural proceedings and the insolvency process itself. It discusses ways of resolving the debtor's bankruptcy and does not omit significant recent changes in the insolvency law, nor historical developments in the field of insolvency. In the practical part, the insolvency register is a supporting source in data collection. For the purposes of the diploma thesis, we work with real subjects, ie. insolvent debtors. In the analysis of individual cases, the greatest emphasis is placed on the debt relief amendment No. 31/2019 Coll. IZ. The aim of the thesis is to analysis insolvency proceedings from the point of view of entry conditions of businessman in debt relief before and after a significant change in the Insolvency Act in 2019, evaluate the impact on businessman and find out whether the amendment generally contributed to streamlining insolvency proceedings.
|
|
|
Oceňování v rámci insolvenčního řízení
LOPATA, Ondřej
In my diploma thesis I deal mainly with the difficulty of valuing real estate in insol-vency proceedings, the insidiousness of such valuation and the difference between the usual price and the extraordinary price. However, an equally important part of my work is also the issue of insolvency proceedings themselves, its course, debt relief variants or figures involved in the proceedings. The aim of the work was at least a basic acquaintance and understanding of insolvency proceedings, its variants, pitfalls, and above all, valuation of real estate, which are monetized during the pro-ceedings to debtors. As the solution to insolvency proceedings has several variants, and therefore the entities that fall into the proceedings are not only natural persons, but also legal en-tities, not only real estate is valued in insolvency proceedings. It is possible to value securities, movables, shares, companies, ie everything that has a financial value. In my diploma thesis I will deal with the valuation of real estate, due to the field I am studying. In the practical part of my work, I tried to show and analyze on a specific case, what is the difference between the usual price and the extraordinary price, why the extra-ordinary price is approached and how to solve such cases. I obtained a specific case thanks to the insolvency register, which is freely accessible to all persons and does not require any authorizations, so it is public.
|
|
|
Legal status of creditors in insolvency proceedings
RYBNÍČKOVÁ, Anita
The theme of this thesis is the legal status of creditors in insolvency proceedings.The following thesis is divided into theoretical and practical part. The first chapter defines its objectives and methodical approach, the second one deals with the regulation of insolvency law, the third with creditors and the fourth chapter focuses on bankruptcy and its resolutions. The fifth chapter presents a case study which forms the practical part of the diploma thesis. Within this practical part, attention is paid to the case study of a company that found itself in bankruptcy and insolvency proceedings. Emphasis is put on creditors and their legal status and competencies.
|
|
|
Incidental disputes in Czech and Europen law
Pume, Marek ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Incidental disputes in Czech and European law As disputed issues may arise during the insolvency proceedings which generally need to be resolved before the insolvency proceedings are concluded, but which may often be truly challenging to assess due to their nature, it is possible for the court to separate these disputes into ancillary insolvency proceedings, where these issues are put to rest and thus there is no need to burden the main proceedings. These disputes are referred to in the Insolvency Act as incidental disputes. This thesis describes the whole course of insolvency disputes, the characteristics and nature of all the different types of disputes designated as incidents by the law and their comparison with the European Union and German legislation. The first part of this thesis is devoted to the general regulation of the initiation and conduct of incidental disputes, which is similar to the regulation of ordinary court proceedings, and therefore the emphasis is placed on the differences between these regulations and on highlighting the essential institutes related to the disputes arising from insolvency proceedings. The chapter also discusses the nature of the decisions rendered in these proceedings, the specifics of the costs of the proceedings and the nature of the various special types...
|
|
|
The role of public prosecutor in the insolvency proceedings
Kubala, Tomáš ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
- 1 - The role of public prosecutor in the insolvency proceedings Abstract The activity of public prosecution is exclusively associated with the criminal proceedings. Therefore, the fact that it also has a very important non-criminal scope of authority is oftentimes forgotten. The primary focus of this thesis is to uncover such second part of its authority, particularly with respect to the insolvency proceedings. Due to the fact that the position of public prosecution has not yet been properly clarified, cases in real life occur, in which even parties to the proceedings themselves question, whether the public prosecution being a party to the respective insolvency proceeding can be deemed as beneficial or whether it was even entitled to exercise some of its procedural acts. The first part of this thesis shall focus on the historic summary of evolution of non-criminal authority of public prosecution (including the insolvency proceedings) and on specification of the basic principle, which is to be pursued or followed during the course of its (entire) activity and which has undergone some evolution throughout the history as well. In the next part, the general legislation shall be discussed which allows the public prosecution to enter into certain proceedings, and even initiate a few of them. Some of the...
|
|
|
Debtor-in-possession financing
Marek, Frank ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Debtor-in-possession financing Abstract The topic of this thesis is debtor-in-possession financing. Debtor-in-possession financing, albeit not being a topic of a vast interest in the Czech insolvency theory, has rightful place in the insolvency law. By acquiring new financial proceedings, resources, energies or other benefit, debtor earns a chance to preserve or restore the operation of its business, while bringing a possibility of higher satisfaction of the creditors' claims mainly because new financial proceedings may help the debtor to generate new earnings that can be used to satisfy creditors' claims. The aim of the thesis was to evaluate contemporary legal framework of the debtor-in- possession financing, its doctrinal interpretations, court practice and recent topics that has occured in the global context. The thesis brings a de lege ferenda refelctions based on critical analysis of abovementioned sources. The thesis comprises of the introduction, eight chapters divided into subchapters and conclusion. The first chapters brings theoretical basis of the thesis by distinguishing the terms insolvency, loan and debtor-in-possession financing. The second chapter contains the description of the purpose of the insolvency law, its principles and in particular cases it explains the relation between such...
|
|
|
Application of claims to bancrupcy proceedings
Horák, Milan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Application of claims to bancrupcy proceedings Abstract This thesis deals with claiming entitlements within insolvency proceedings. The aim of this thesis is to provide a comprehensive overview of formal requirements for creditors and all types of entitlements which can be claimed in insolvency proceedings regardless at what phase of the proceeding they originated. The thesis is approached with a practical point of view with the use of years of experience in the field of insolvency law. Practical consequences are stated in each chapter. The positives and negatives of individual amendments to the Insolvency act and proposals de lege ferenda are stated in the conclusion. Key words: claim, entitlement, insolvency proceeding, creditor
|
|
|
Ineffectiveness of legal acts within the insolvency proceedings
Chrenovský, Bohdan ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The topic of this thesis is ineffectiveness of legal acts within the insolvency proceedings. This legal concept forms an integral part of modern insolvency law, since it can be considered an essential and the most frequently used instrument, on the grounds of which the insolvency trustee is able to challenge the insolvent debtor's fraudulent acts that are detrimental to their creditors, who are exercising their rights within the insolvency proceedings. Otherwise stated, this legal concept is crucial for the purposes of protection of the debtor's creditors within the insolvency proceedings. The aim of this thesis is to provide a comprehensive analysis of the effective legal framework of ineffectiveness of legal acts within the insolvency proceedings, as well as of current doctrinal opinions, specialised publications and relevant decision-making practice of courts. The thesis is not limited to a mere adoption of the aforementioned sources, as at many parts of the thesis these are being disputed, criticised or confronted with the author's own conclusions. Where appropriate, the thesis identifies shortcomings of the effective legal framework and presents the author's de lege ferenda considerations related to such. The thesis is comprised of introduction, eight chapters that are systematically...
|
|
|
The impact of the COVID-19 pandemic on setting the insolvency law agenda
Ulrichová, Andrea ; Angelovská, Olga (advisor) ; Trlifajová, Lucie (referee)
The diploma thesis "The impact of the COVID-19 pandemic on setting the insolvency law agenda" deals with how the pandemic crisis caused by the COVID-19 disease affected the political agenda in the field of insolvency. It presents the main elements and benefits of the Lex Covid Justice Act, presented by the Department of Justice to prevent debt and the rise of insolvency petitions caused by pandemic measures introduced by the government, such as the closure of several business. The institute of the extraordinary moratorium which was introduced by the Lex Covid Justice Act is described in detail. The thesis uses the theory of setting an agenda with an emphasis on a critical event, the features of which the COVID-19 pandemic had. In the practical part, an expert interview is used to collect data and to comprehensively analyse the benefits of the law, the views of the actors on the institute of the extraordinary moratorium and how the COVID-19 pandemic has affected the issue of insolvency. Emphasis is also put on the actors who deal with the issue of insolvency and what was their attitude to the Lex Covid justice law and what influence they had on setting the agenda. The current insolvency legislation and its setting are also described. The chapter on foreign practice compares the measures related to...
|
|
|
Discharge of imprisoned persons
Silná, Silvie ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Discharge of imprisoned persons Abstract The diploma thesis deals with the discharge of an imprisoned debtor. One of the aims of the thesis is to analyse the phenomenon of indebtedness of Czech prisoners on the basis of available data, to describe its causes and possible solutions in general. The main goal of the thesis is to acquaint the reader with the process of debtor's discharge with emphasis on the specifics and deviations that the debtor's imprisonment situation brings into his discharge. Discharge in this thesis is perceived as a tool to solve the problem of indebtedness of Czech prisoners. Within the framework of achieving the main goal, it is examined which legislative changes made the institute of discharge more available for imprisoned debtors and at the same time what obstacles, which objectively complicate or threaten the successful process of imprisoned debtors' discharge still remain. To achieve the set goals, methods of analysis and description of legal regulations, court decisions and other relevant documents are combined, supplemented by practical examples of selected insolvency proceedings and the author's work experience in the given area. The work is divided into two parts. The first part deals with the indebtedness of Czech prisoners. It analyses the available data on this phenomenon,...
|
guest ::
