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Insolvency proceedings from the viewpoint of a creditor
Šimáková, Barbora ; Novák, Miloš (advisor) ; Vagaský, Radoslav (referee)
This thesis first describes the insolvency proceedings in general, explains basic concepts, describes the different stages of insolvency proceedings and introduces the reader to the entitiesin the insolvency process. It also explains what is a bankruptcy and presents possible ways of solving it. The current situation in relation to insolvency proceedings is shown based on the basic statistics. In the next section, the thesis is focused on the classification of debts and the possibility of creditors to submit their claims in an insolvency proceeding. It also deals with special cases that may occur. The final part of the thesis describes an example application of claims in practise, incl. complications that the creditor must solve.
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Aspects of bankruptcy law in Czech Republic
Erlitz, Jakub ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
The main goal of this master's thesis is the analysis of benefits of the new legislation Insolveny Act with a focus fulfilling of planned effects and future development. The first chapters of this thesis are focused on the theoretical definition of resolving insolvency in the Insolvency act. The following chapters through analysis of statistical informations approaches the carrying capacity of the insolvency courts during development of bankruptcy law, including the interactions between the variables of the current insolvency proceedings. The last part of thesis assesses the content of the expected effects of Insolvency Act for the period of its effectiveness, pointing to deficiencies incurred and the actual conclusion suggests some recommendations and suggestions for future development.
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Oddlužení jako způsob řešení úpadku
Minaříková, Petra ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The Bachelor's thesis deals with the discharge of debts of a natural person which is governed by the Act No.182/2006 Coll., on Insolvency and Methods of Resolution (the Insolvency Act) and that came into force on January 1st 2008. The aim of this thesis is to provide a fundamental analysis of this non-eliminative method of resolving insolvency and the underlying issues are illustrated by the rulings of the high courts and the Supreme Court of the Czech Republic. The last chapter is devoted to the collective debt relief of the husband and wife, whose bankruptcy estate belongs to community property; this issue is practically created by the practice of the insolvency courts, because the Insolvency Act does not introduce it.
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Reorganization as a Way of Resolving Insolvency and Its Economic and Legal Context
Košut, David ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
The aim of this thesis is to analyze both legislation relating to reorganization pursuant to Act No. 182/2006 Coll., Bankruptcy and Settlement (Insolvency Act), as amended, and reorganization from the economic perspective (e.g. the time needed to reorganize, the yield for the creditors compared to bankruptcy). The thesis also gives an analysis of the companies which were allowed reorganization by the court between 2008 and 2011. In the analysis the length of reorganization is identified, the size of turnover and number of employees are discovered, etc. The methods used in the thesis are mainly the descriptive analytical method, evaluation and comparison method. The main source of information was the data of the reorganized companies published in the insolvency register. The results of the analysis can lead to the conclusion that reorganization is better than bankruptcy for creditors, mainly because of its speed and the size of the yield, however, creditors must take some risks, which they should try to eliminate.
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Comparison of the solution of the bankruptcy in the Czech Republic and in Slovakia
Bikkiová, Lea ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
The Master thesis provides a comparison of the solution of the bankruptcy in the Czech Republic and in Slovakia. The Insolvency Act and the Act of bankruptcy and restructuralization represent the current legal acts governing the relationship between the creditor, the debtor and the other interested persons. The aim of the thesis is to analyze the insolvency environment and ways of the solution of the bankruptcy in both states (to identify disadvantages and advantages of the particular cases). Furthermore, it aims to analyze the key and critical factors influencing the whole recovery process in the company on the practical examples.
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Insolvency Administrator and His Role in Insolvency Proceedings
Káchová, Markéta ; Kotoučová, Jiřina (advisor) ; Kříž, Radim (referee)
This thesis is focused on the issue of insolvency administrator and his role in insolvency proceedings. Firstly, it deals with the insolvency administrator as a person and tries to offer various points of view on their status not only within the area of insolvency law. It also concerns the general and qualification requirements for the performance of the office of insolvency administrator. Within the explication of the role of the insolvency administrator in the insolvency proceedings, the ways of the administrator's appointment to the office and possibilities of termination of their activity in the office are described, but the main focus is their rights, duties and activities during the insolvency proceedings, both general activities the administrator executes irrespective the way of bankruptcy resolution and activities following the particular ways of bankruptcy resolution. The thesis also contains explication of rewarding of the administrator and compensation of expenses, as well as a chapter dealing with various forms of liability of insolvency administrator. The conclusion offers also a few considerations de lege ferenda.
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Bankruptcy
Sýkorová, Martina ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
The diploma work is describing the structure, process and the goal of an bankruptcy trial including its economical outcomes and some accounting impacts on the debtor as well as on the creditor. It also explains fundamental terms of this situation such as "property substance", bankruptcy register or the way of registering the receivables to the trial. The following part of this work is applying to the defintion and postition describtion of each bankruptcy trial participant as well as the court as such. Next topic is explaining phases of the trial and possible ways of solving bankruptcy or brewing bankruptcy which the czech bankruptcy law enables. The practical part of this diploma work explains the process of one of the way of solving insolvency - bankruptcy with some tax impacts on the debtor.
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Insolvency proceedings from the view of insolvency administrator's duties
Pařezová, Kateřina ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis deals with the insolvency administrator. The objects of this work are mainly are the duties that insolvency administrator has to execute during the insolvency proceeding and the necessary requirements for the performance of the insolvency administrator's function. The objective of this work is to clarify the role of insolvency administrator in the particular phases of insolvency proceedings in general terms and the definition of his position and responsibilities in different types of insolvency proceedings. The aim of this work is also to analyze the assumptions that insolvency administrator must meet in order to obtain permission to perform the function of the insolvency administrator.
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Reorganisation as a way of bankruptcy corporation CENTURION GROUP, SE
Kumsta, Libor ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
This bachelor thesis is devoted to the Act No. 182/2006 Coll. on Insolvency and its Resolution, which replaced the Law on Bankruptcy. Bachelor thesis deals primarily with corporate bankruptcy solution, especially case in corporation. The thesis is divided into a theoretical and practical part. In the theoretical section describes the most important aspects of the reorganization proceedings, from initiation through the reorganization plan to its completion. The individual parts are arranged chronologically and are supported by appropriate legal provisions. In the practical part is specified the case study of company CENTURION GROUP, SE, which is still ongoing reorganization. Based on the current economic situation the company will be most probably reorganization stopped and transferred to the bankruptcy.
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Loans, Czech households´ indebtedness and insolvency
Suchá, Jana ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
The aim of this bachelor thesis is to analyse current Czech households' indebtedness and to describe problems which can the heavy indebtedness cause. The part one is focused on products of common banking and non-banking institutions that are bidden to Czech households now. The thesis continues with comparsion of Czech households' indebtedness in comparsion with the European union households' indebtedness. Third part of this work brings the description of execution process and insolvency. Upon this theme is also aimed practical part of this work, the main accent of which is being put on the detail description of personal bankruptcy.
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