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Changes in Debt Relief Self-Employed Persons after Amendment to the Insolvency Act
VONDŘEJC, Tomáš
The bachelor thesis describes the main changes in debt relief after the amendment of Insolvency Act No. 31/2019 Coll, which is effective from the 1st of June 2019, amending Act No. 182/2006 Coll., Bankruptcy and the Methods of its Resolution. The thesis provides basic information on insolvency proceedings, the historical development of the Insolvency Act, the characteristics of debt relief, bankruptcy and reorganization. Another part of the thesis also deals with the amendment to the Insolvency Act, which aims to alleviation the negative consequences of the covid-19 pandemic on the economic situation of citizens and self-employed persons. The practical part detects the view of amendment No. 31/2019 Coll., from insolvency administrators and judges of the insolvency section of the Regional Court in České Budějovice and evaluates the results with predetermined hypotheses.
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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.
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Zero Discharge in Debt - the Pluses and Minuses and a Comparison with the Previous Adaptation
ŠÍTALOVÁ, Sára
The bachelor thesis deals with current amendment of the Insolvency Act, which started to be in force on 1. 6. 2019. The amendment changes conditions in admission and the process of the discharge in debt. The theoretical part deals with comparison of the discharge in debt after the debt relief amendment with the previous adaptation. Based on the described changes, the pluses and minuses are evaluated. The practical part contains an analysis of data gained from the insolvency register. It compares the amount of applications to the discharge in debt and the success rate of the unsecured creditors before and after the amendment.
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Discharge of debts of self-employed persons in the perspective of latest changes
SMUTNÍKOVÁ, Kristýna
The bachelor thesis is focused on the institute of debts relief, which is one of the possible way used for solving econo-mic failure of self-employed persons. This method of sanitation of self-employed persons is permitted from 1. 1. 2014 by law. Text reflects the changes following the amendment of the Insolvency Act from 1. 6. 2019 (Act 31/2019 Coll.). Work analyses the trend of insolvency proposals (according to the regions and individual economic activities of CZ-NACE), satisfaction of creditors, accomplished and cancelled debt relief. Thesis examines the influence of self-employed persons on the Czech economy. It identifies the importance and need of these persons for the efficiency of the country and their return to healthy economic life. Bachelor thesis also shows detailed algorithm for calculation of repayments in discharge of debts.
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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...
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Proposal for Insolvency Act ammendments in order to establish equality status of creditors in the process of personal banktruptcy through debts charge off
Prasková, Zuzana ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Title: Proposal for Insolvency Act amendments in order to establish equality status of creditors in the process od personal bankruptcy through debts charge off Thesis summary: The purpose of my thesis is to describe the new form of personal bankruptcy through debts charge off and point out some weaknesses of the current legislation together with some proposals how to deal with them. The reasons that led me to choose this topic are i) new legislation of Insolvency Act which is effective from January 1st 2008, and ii) my practical experience with insolvency proceedings. The thesis composes from eleven chapters where each of them deals with particular phase of the process. Prior to the chapters there is an Introduction which describes the aim of the thesis, reasons for this specific topic and explanations of basic legislation related to personal bankruptcy. Chapter One focuses on origination of the insolvency law in the territory of The Czech Republic and is divided into three subchapters. The first subchapter focuses on the development of insolvency law before the origination of Czechoslovakia, the second subchapter describes changes in the insolvency law from 1918 and the last subchapter deals with the former Bankruptcy Act. Chapter Two clarifies basic changes that were introduced by the Insolvency Act and...
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Kordarna - the first large case of reorganization under the new insolvency act
Harrer, Jan ; Richter, Tomáš (advisor) ; Gutiérrez Chvalkovská, Jana (referee)
The long awaited insolvency act in force - Act 182/2006 Coll., changed the whole insolvency process by enabling new solutions to handle corporate insolvency issues. Among the most revolutionary features is the facilitation of a reorganization process. The thesis focuses on legal and economic aspects of the reorganization framework and compares it with the possibility solution of bankruptcy liquidation. The thesis analyzes the reorganizations of company called Kordarna, a.s. and also three subsidiary firms belonging to the KORD Group companies, which have been the first major test of the reorganization framework under the current Czech Insolvency Act. After the analysis of the procedural steps throughout the insolvency proceedings, the thesis arrives at a conclusion that given the circumstances, the chosen reorganization procedure was the best possible solution to Kordarna's insolvency for all classes of creditors and also other involved stakeholders. Moreover, the slow pace of the process is also discussed in detail. An important conclusion is reached in the field of bankruptcy estate valuation, where the thesis claims that the values of bankruptcy estates valuations were unrealistically high, because the adverse impact of the current extraordinary asset market conditions was never fully considered.
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Assets in the insolvency proceeding
Marek, David ; Smolík, Petr (referee)
The thesis focuses on the concept of assets, which represents one of the most basic and most important notions of the insolvency law. Assets within the meaning of the Insolvency Act are intended to satisfy the debtor's creditors. The correct finding and recording of the relevant assets and the and the following stages of the insolvency proceedings have a crucial impact on the level of satisfaction that will be given to the debtor's creditors. Step by step, the present thesis introduces to the reader the legal regulation of the most important legal terms related to the insolvency assets. Starting with the definition of the term assets to the inventory phase, where the relevant assets are recorded. In the context of this phase, the thesis addresses the duty of co-operation by the debtor in the insolvency proceedings. The thesis continues to deal with the inventory of the insolvency assets, including the asset valuation. Not even the description of the possibilities of defending the wrong classification of the property in the inventory of assets is missing. The next chapter, in turn, deals with the handling and management of insolvency assets by the insolvency administrator. The last chapter focuses on possible ways of monetizing assets, whereby the different ways are compared to each other and the...
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Financial literacy
Stárková, Zuzana ; Krahulcová, Beáta (advisor) ; Zelinková, Olga (referee)
STÁRKOVÁ, Zuzana, Financial literacy, Prague, 2011. Zuzana Stárková - Charles University in Prague - Husitská teologická fakulta. Supervisor, Prof. PhDr. Beáta Krahulcová, CSc. Main Theme of the thesis is financial literacy, especially its level among the citizens of the Czech Republic. It concerns also with main consequences of insuffícient financial knowledge of Czech citizens nowadays. First part of the thesis deals with definition of financial literacy, its causes and consequences. Further, it covers social and psychological aspects of financial literacy. Last chapters are devoted to the topics of personal bankruptcy and insolvency act. The thesis is finished with a casuistry of an indebted family. Key words: Financial literacy, Financial education, Family finance, Banking, Indebtedness, Execution, Insolvency act, Social and legal counselling
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Discharge of a debtor - one of modes of insolvency solution
Horňák, Henrich ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
As of 1 January 2008 Act No. 182/2006 on Bankruptcy and its Settlement (Insolvency Act) has become effective. This statute has completely reformed bankruptcy law in the Czech Republic including but not limited to by implementation of new legal institute of discharge of a debtor. Discharge of a debtor is designed to be a mode of solution of consumer's bankruptcy for non-business individuals and non-business legal entities. Being modeled by foreign legal forms this institute has acknowledged a relief from debts and hence new start for economic life of the subject. New form of solution of consumer's bankruptcy has proven its need of existence also by the fact that discharge of a debtor is by far the most frequent mode of bankruptcy solution in the Czech Republic. The aim of this thesis is to deal with entire issue of discharge of a debtor from filling bankruptcy petition through the very process of discharge to debts relief of a debtor. The thesis text itself is divided into six chapters. First chapter introduces the matter by traditional historical digression of the bankruptcy form in Czech territory, by clarification of the bankruptcy term itself and by provision of basic information on new Insolvency Act. The following chapter endeavors to express particular issues which are common to all modes of...
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