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The Insolvency Practitioner as a Procedural Entity of Insolvency Proceedings
Weigl, Veronika ; Macková, Alena (advisor) ; Havel, Bohumil (referee) ; Patakyová, Mária (referee)
1 Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce The Insolvency Practitioner as a Procedural Entity of Insolvency Proceedings The aim of this thesis is to thoroughly analyse the status of the insolvency practitioner as a procedural entity of insolvency proceedings de lege lata, to reveal unclear or unsatisfactory points of the applicable legislation and on the basis of this analysis to suggest appropriate legislative changes de lege ferenda. The insolvency practitioner may be a natural person, an unlimited partnership and under certain conditions also a foreign company. The performance of this activity is regulated by law and a great emphasis is placed on qualifications of the insolvency practitioner, however, the legislator could have been stricter regarding the qualifications. Nationals of a member state and foreign companies providing the same guarantees of liability of shareholders as an unlimited partnership, which are performing the activity of an insolvency practitioner in another Member State, may also temporarily or occasionally act as visiting insolvency practitioners in the Czech Republic. The right to perform the activity of the insolvency practitioner is exercised through performance of insolvency practitioner's office in specific...
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Appointment of an insolvency practitioner in insolvency proceedings
Bistárová, Eva ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Appointment of an insolvency practitioner in insolvency proceedings Abstract The main objective of this thesis is to comprehensively analyse the process of appointing an insolvency practitioner in insolvency proceedings. The opening chapter of the thesis presents the historical research of different systems of insolvency practitioner appointment, being the prerequisite for the further analysis. The second chapter determines the role of an insolvency practitionerwithinthejudicial system,whichappears tobe crucial for identifyingobjections to current regulation and proposing suitable approaches. This chapter contains an analysis of the very definition of an insolvency practitioner, the linear timeline of the performance of this office from licensing to delicensing, classification of insolvency practitioners, identification of supervisory authorities, and the model of state liability for the performance of insolvency practitioner's office. The second chapter further provides the detailed analysis of the public-service dimension of the insolvency practitioner's office, and the foreign legislation establishing heterogeneous insolvency administration schemes. The first two chapters are systematically proceeded by the analysis of the legal framework of the process of appointing insolvency practitioners, identifying...
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Liability of the insolvency administrator for damage or other loss
Hunal, Jakub ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Liability of the insolvency administrator for damage or other loss The topic of this thesis is the liability of the insolvency administrator for damage or other loss and its aim is to elaborate this topic in detail and to highlight the interpretative issues. The focus of the thesis is the analysis of the division of possible claims for compensation for damage or other loss against the insolvency administrator and the disputes arising from them. In the thesis I divide these claims into individual claims, i.e., claims that arise from the relationship between a particular claimant and the insolvency administrator, and claims that are related to the estate. In the case of these claims, their specificity is explained. The second division of claims is into claims that can be resolved through the application of the general provision on the insolvency administrator's liability for damage or other loss (§ 37 IZ) and claims to which this basic provision cannot be applied. Subsequently, the individual aspects of liability (prerequisites for the obligation to compensate for damage) are discussed, taking into account the specifics of the individual disputes. The nature of the individual prerequisites for liability and their relationship to the other prerequisites are always explained. The procedural aspects are...
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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.
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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 position of insolvency trustee and its equivalent under the laws of the Kingdom of Spain
Plívová, Kateřina ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The position of insolvency trustee and its equivalent under the laws of Kingdom of Spain The purpose of this thesis was to describe main features of Czech and Spanish legal regulation of insolvency trustee respectively insolvency administration and also to point out to some of the major differences between these two legal orders and pros and cons of concrete legal regulation. This thesis is divided into five chapters. Opening chapter reflects a concept of insolvency law and its understanding and basic characteristic in the Czech Republic and the Kingdom of Spain. Further it also describes inclusion of insolvency law into the legal system and its sources. The second chapter is dedicated to the matter of insolvency proceedings in the Kingdom of Spain. This chapter was included to this thesis for better understanding of this matter, due to the fact that it is not possible to describe the position of insolvency administration without knowledge of wider context and character of Spanish insolvency proceedings or at least it would be considerably difficult and it would exclude understanding of some of the institutes or procedures of insolvency administration. Succeeding this part there are two chapters each of which is dedicated to one of the legal orders. The third chapter deals with the Czech insolvency...
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Realisation of assets in insolvency
Backa, Jakub ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Realisation of assets in insolvency Abstract Even after seven years since the Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), which replaced Act no. 328/1991 Coll., on Bankruptcy and Settlement, has come into effect, there are still gradually emerging problems in interpretation and application of this act. This thesis aims to provide a detailed analysis of the process of realisation of assets in insolvency. The structure of this publication follows chronologically the procedure for realization of the assets in insolvency. Firstly, the author examined various entities of the insolvency proceedings, incl. insolvency court, insolvency trustee and different groups of creditors. In following parts the author defines a concept of insolvency assets and analyses a process of searching for the assets, their listing and removal from the list of assets as well as the administration of assets before their sale not missing out the issue of instructions of secured creditors for the administration of the assets. Subsequently, the author offers description of the process determining the method for realization of assets in insolvency and then individually analyses various ways in which assets could be sold: sale in auction, judicial sale, sale without auction and sale in auction organised by an...
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Rights and duties of the insolvency trustee in bankruptcy
Zouchová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Rights and duties of the insolvency trustee in bankruptcy The topic of this Master's thesis is rights and duties of the insolvency trustee in bankruptcy. The aim of the thesis is to describe activities of insolvency trustee that are related to the solution of debtor's decline by bankruptcy. The insolvency trustee is an important subject of insolvency proceedings; in the case of bankruptcy his task is primarily related to activities associated with the estate, with its liquidation and distribution of proceeds. First chapter focuses on insolvency proceedings in general. First part deals with historical context; second part analyzes the process of insolvency proceedings with a respect to different ways of resolving the debtor's decline - reorganization, discharge from debts and specific ways (i.e. a slight decline and the bankruptcy of financial institutions). In the next chapter, the bankruptcy is discussed as another way how to solve the debtor's decline, regarding to the subject of the thesis. The third chapter is divided to two sections. The first analyzes the term "insolvency trustee" and also defines specific types of this subject of insolvency proceedings. Individual subsections focus on the each specific type. The second section deals with responsibility of insolvency trustee. The last and...
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Assets
Beránková, Jana ; Zoulík, František (advisor) ; Smolík, Petr (referee)
Thesis, theme: Assets Author: Jana Beránková English Summary Assets in the insolvency proceedings is the subject of the submitted thesis. Assets is one of the fundamental legal institutions in insolvency proceeding, which forms the basis of the solution of the bankruptcy. Thanks to the precise definition of assets, accurately defined inventory of assets, and its breakdown (in relation to the debtor, creditors, and other persons), there is a fundamental and qualitative change as opposed to the legislation of the law on bankruptcy and settlement. This significant change occurred on the day of January the first 2008, when the Czech law of insolvency entered a new phase. The new insolvency act was passed, and at the same time the law on bankruptcy and settlement was invalidated. The new legislation does not solve bankruptcy only of the bankruptcy and composition, it uses the general concept of defaults that suggests this is a completely different solution concept. The insolvency area is understood much more comprehensively. The bankruptcy act use not the term "bankruptcy", but the assets. It's completely new term and new defininition of contents, not just the change of the name. In the original treatment the term bankruptcy applies onl y to the bankruptcy proceedings. On the contrary, the bankruptcy act defines...
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Insolvency administrator and his position in insolvency proceedings
Karcolová, Kornélia ; Zoulík, František (advisor) ; Zoulík, František (referee)
The subject of the thesis is an analysis of the insolvent administrator of the Institute in accordance with current legislation. The work is divided into 6 chapters: The first chapter with the name of the Institute of the insolvent person/Administrator- discussed sources of legislation and the conditions for the exercise of the functions of the insolvency administrator. The second chapter discussed of the performance of the insolvency administrator, primarily focuses on the provisions of the function. The third chapter defines the concepts of preliminary, separate the insolvent the administrator and guest. The core of the work - the fourth chapter is devoted to the rights and obligations of the insolvent the administrator in the performance of the function, first, in General, then, according to a specific solution. The fifth chapter is named the responsibility of the administrator, which is discussed in the chapter. The final, the sixth chapter is devoted to the remuneration and reimbursement of expenses of the insolvency administrator finished. In the focus is also on the comparison of the new legislation with the regulations referred to in ZKV.
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