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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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Assets in insolvency proceedings
Marian, Daniel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The subject of this thesis is the institute of assets, one of the fundamental legal institutes of insolvency proceedings, which plays an absolutely crucial role in the process of solving the debtor's bankruptcy and the satisfaction of the debtor's creditors. The purpose of this thesis is not to cover the legal institute of assets in all its breadth, but to try to present the legislation on assets and important legal institutes related to it in the Insolvency Act in context of insolvency proceedings. Furthermore, this thesis works with the conclusions of the judicial practice of insolvency courts, presents thoughts on the current state of the Insolvency Act and defines certain areas, in which amendments to the Insolvency Act should occur in the future. This work is divided into nine chapters with regard to the legal provisions of the Insolvency Act governing the institute of assets. After a brief introduction the first chapter deals with the historical development of insolvency law, the Insolvency Act and the definition of assets. The second and third chapters are focused on the extent and content of the debtor's assets in insolvency proceedings, including related institutes of invalidity and ineffectiveness of legal actions. The fourth chapter defines the process of identifying assets and the rights...
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Reorganization
Delong, Arne ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
Reorganization Abstract The subject of this thesis is reorganization as one of conceivable means of resolving insolvency or imminent insolvency within the territory of the Czech Republic. The objective of the thesis is primarily to put this legal institute into the context of the Czech insolvency law and to provide its reader with an insight not only into the legal regulation encompassed in the Insolvency Act but also into all the topical issues that are currently surrounding reorganization. The first chapter acquaints the reader with the development of the Czech insolvency law, in particular with the process of adopting the Insolvency Act and the pivotal conceptual changes it introduced. Furthermore, the chapter revolves around external influences from abroad that have served the legislator as sources of inspiration and as a consequence of which have to a certain degree shaped the Czech insolvency law into its current form. Last but not least, this chapter deals with the legislation of the European Union which primarily governs insolvency proceedings that entail a cross-border element. The second chapter, which forms the main part of the thesis, provides a complex and thorough description of the regulation on reorganization which is contained in the Insolvency Act. At the same time, it provides a critical...
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Crisis management and the solution of a bankruptcy of a profitable sports club
Brožová, Ivona ; Ruda, Tomáš (advisor) ; Sup, Martin (referee)
Title: Crisis management and the solution of a bankruptcy of a profitable sports club Objectives: The main objective of this thesis is to propose general procedures of profitable sports clubs dealing with crisis and bankruptcy. Methods: This thesis is based on a qualitative research. Documents related to insolvency were analyzed, specifically act No. 182/2006 Coll., The Act of Bankruptcy and Ways of its Resolution (The Insolvency Act), as amended by subsequent regulations and publicly accessible insolvency proceedings in the insolvency register. Qualitative interviews with insolvency law specialists have been executed using the manual to make sure the thesis results are objective. Results: A general manual for entrepreneurs in profitable sports facilities was compiled by the analysis of necessary documents and based on the The Insolvency Act. The manual serves for times when a sports facility gets into financial problems resulting in insolvency proceedings. In some cases, an insolvency proposition has to be submitted, with regard to a potential responsibility of the statuary authorities or people in charge of financial obligations. At the same time, it is important to proceed with the property inventory/inventorying, to create a list of receivables and liabilities, and also a property and an...
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Secured Claims in Czech Insolvency Proceedings
Schwarz, Jaroslav ; Sedláček, Miroslav (referee)
102 Abstract: Secured Claims in Czech Insolvency Proceedings The topic of this thesis are the secured claims in the Czech insolvency proceedings. This topic has been chosen by the author primarily with regard to the importance of the secured, often institutional, creditor for the insolvency proceedings and, therefore, for the market of financing of the business units and for the economy as whole. The aim of this thesis is not a description of the security interests but analysis of chosen practical issues which are often spotted by creditors within the Czech insolvency proceedings. Where appropriate, the author drew his attention primarily to the going concern solution of the corporate debtor's insolvency. In the thesis the author repeatedly comes to an end that mainly in reorganization it is important for the creditors to actively protect their rights and think about potential proceedings strategy. The reason is that the reorganization offers wide possibilities to exercise totally different interests by the creditors. In the thesis the author demonstrates that in spite of many novelizations the insolvency law in many areas does not correspond to the general legal regulation of the security interest and suggests that this discrepancy is being dismissed as soon as possible. The author is convinced that with...
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Bankrupt's estate in the insolvency proceedings
Fuksa, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
English abstract This diploma thesis is concerned with the institution of the estate in insolvency proceedings. The insolvency estate is a key concept in insolvency law, as the successful consummation of the very goal of insolvency proceedings depends on the substance of this term. The goal of insolvency proceedings is the highest possible, properly prorated satisfaction of the debtor's creditors. The present thesis does not attempt to cover the concept of the insolvency estate in its entire breadth with respect to the various methods for resolving the debtor's insolvency, but instead focuses on the general delineation of the insolvency estate and on certain specific aspects related to bankruptcy discharge. The thesis also discusses some of the most recent changes to the law which were introduced in particular by the bankruptcy discharge amendment effective as of 1 June 2019 - an amendment which has fundamentally changed the previous legal framework for bankruptcy discharge and which has had a not insignificant impact also on the way in which the insolvency estate as a legal concept is shaped. The main objective pursued by this diploma thesis is to assess the current legal framework governing the insolvency estate as well as the institutions which build upon the insolvency estate, in terms of how they hold...
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Úpadek fyzické osoby - nepodnikatele a způsoby jeho řešení
Vaverková, Eliška
Vaverková, Eliška. A decline of a natural person (non-entrepreneur) and the ways how to solve it. Bachelor thesis. Brno: Mendel University, 2017. The goal of the bachelor thesis is the issue of insolvency process of natural persons. In this thesis will be describe basic theoretical aspects related with insolvency process, which will be apply in particular cases from insolvency list. At the end of this thesis will be evolved attitudes and recommendations to specific cases and to insolvency process generally.
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Ochrana zájmů věřitelů v konkurzním řízení
Hradilová, Gabriela
Hradilová, G. Protecting the interests of creditors in bankruptcy proceedings. Bachelor thesis. Brno: Mendel University, 2017. The bachelor thesis is divided into literary research and own work. Within the framework of the literary research there is an outline of the legal regulation of insolvency proceedings. In particular, it focuses on solving the bankruptcy of the debtor through bankruptcy, where the creditor's position plays the main role. Own work includes an analysis of bankruptcy companies, and examples of these are the practices and recommendations on how the creditors should effectively achieve their goals. The issue is examined not only from the viewpoint of the creditor as companies, but also of the common person in this case of the employee. At the end of the thesis there are described recommendations for companies and person in the role of creditor.
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Assets in Insolvency Proceedings
Bistárová, Eva ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Assets in Insolvency Proceedings Abstract The diploma thesis provides comprehensive analysis of an institute of assets in insolvency proceedings. The first chapter focuses on a definition of assets aiming at importance of the institute in the current legal system in the Czech Republic. The second chapter analyses an extent of assets and institutes of invalidity and ineffectiveness of legal actions in insolvency proceedings including an analysis of provisions related to defence indictment. In addition to positive and negative determination of a content of assets and detailed description of the relevant assets, a description of a mutual relation of insolvency and execution proceedings is a part of the third chapter. Subsequently, the fourth chapter deals with assets determination procedure aiming at an obligation of a debtor or persons acting on behalf of a debtor as well as the third persons and public authorities to provide an insolvency administrator with cooperation. The fifth chapter concerns obligations of an insolvency administrator relating to an inventory of assets and conditions under which seeking exclusion and exemption from assets may be achieved. The sixth chapter analyses a legislation related to disposition over assets including an administration of assets and determination of a person with...
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Problems of the insolvency law in the practice of insolvency court
Šváb, Vojtěch ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Problems of the insolvency law in the practice of insolvency court Abstract This rigorous thesis deals with the Insolvency Act and the problems and uncertainties contained in it, which people working with it (especially insolvency courts) encounter in their practice. The rigorous thesis is divided into five main parts, four of which are further divided into chapters. The first part serves as a depiction of the long-term historical development of bankruptcy law, the beginnings of which can be found in Roman law. Emphasis is placed especially on the Bankruptcy and Settlement Act and the Insolvency Act and especially on the number of their amendments. The second part deals with the problematic provisions of the general part of the Insolvency Act and deals with the provisions describing the insolvency proceedings before the declaration of bankruptcy as well as the provisions that will apply during the entire insolvency proceedings. This part is therefore the most extensive. The following two parts are devoted to the special part of the Insolvency Act. The third part describes the imperfections of the bankruptcy solved by liquidation, of which, however, there aren't as many as in other parts of the Insolvency Act, a fact that the author connects to the history of bankruptcy law in the Czech Republic, in...
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