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The life situation of an individual in insolvency proceedings
BUREŠOVÁ, Andrea
This bachelor´s thesis is focused on the topic: Life situation of an indebted or over-indebted individual. This final work contains an explanation of the concept of life situation and social functioning followed by a description of difficult life situations. In the introductory chapter there is an overview of debt problems which describes basic concepts such as indebtedness and over-indebtedness, causes of indebtedness, person of the debtor and loan market. Following chapters describe consequences of debts or over-indebtedness and how to help these particular person. Part of this bachelor´s thesis contains also qualitative research was led in a counselling service agency - providing social professional counselling with focus on debt counselling. Based on the detailed analysis and interview with a counsellor, my research has identified effect for such debts or over-indebtedness´s and subsequent solution of bankruptcy in the life situation of an individual. According to the result it can be briefly concluded that indebtedness and over-indebtedness have an adverse impact on the living situation of an individual from economic, social, psychological and health point od view. On the opposite site bankruptcy solution helps to improve life situation of an individual because debt relief brings various benefits.
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The debt traps from the point of view of social work
ELEZI, Jana
The debt traps from the point of view of social work Abstract This diploma thesis covers the topic of debts in Czech households not only as a negative social phenomenon but also as a "lifestyle" nowadays, mainly because we have been witnessing an increase in falling in debt, in inability to pay it back and in distraints. The thesis points out the biggest issues, risks and consequences of this phenomenon. At the beginning of a debt spiral, there is not only a need and satisfaction but also large marketing which is focused on vacations, electronics and, last but not least, the "favourable" loans. People get into the debt spirals mainly through a number of loans when the new ones are used to pay back the old ones. The newer loans are less favourable than the previous ones and therefore, the cost of the loans increases. Such situation is unmanageable in the long term and results in an inability to pay back the individual loans, in distraints and often even in personal bankruptcy. The theoretical part of the thesis covers the basic terminology, e.g. debtor, creditor, loan, distraint, and addresses causes typical for the topic of depts. The diploma thesis concerns itself not only with people who found themselves in the debt trap, but also with debt-relief companies which, in the debtors' point of view, require quite large fees. The thesis also mentions non-profit organisations and social workers who aim to resolve the debt problem through social work and services and to alleviate the situation. The practical part of the thesis was carried out by a qualitative research strategy and the technique of semi-structured interviews. The structured dialogues were completed with interviewing and the data were processed by the pencil-and-paper method. The thesis points out individual causes which lead the informants into debt traps. There are causes of falling into debt, apparent from the dialogues, such as losing a job, breaking up with a partner, family matters, entrepreneurship or financial illiteracy. Through mapping, a significant lack of informants' knowledge about social work and services in connection with debts has been discovered. The main merit of this thesis is collecting and providing information about factors which lead the informants to debt traps and to utilizing social work and services. These factors can be used by non-profit organizations for setting up effective public relations, i.e. for preventing intensification of debt traps. The thesis can also serve as an educational and preventive material about the topic of debts, connected to social work, and not only for students but for the public as well.
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The role of a social worker in debt counseling
HANÁK, Radek
This undergraduate thesis describes the role of social worker helping elder citizens in debt. The most common cause of debt for seniors is their will to help to close relatives. Senior citizens are often victims of scammers who force them to buy unnecessary goods. Seniors often do not realize their financial situation and they fall into debt. If a distrainor is involved, it is a race with time due to the risk of loss of property and real estates. There is a chance for a return to peaceful life thanks to the Insolvency law as their debts can be eliminated after a 3 year period. There are strict conditions to fulfill hence it is suitable to discuss the situation with social workers specialised in the field of debts.
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Prediction of bankruptcy by bankruptcy models before the subsequent entry into insolvency in a selected group of related entities
ULRYCHOVÁ, Michaela
This diploma thesis deals with insolvency and prediction of bankruptcy in selected groups of related companies. The main goal is to predict the bankruptcy of individual companies in a group of related companies using selected bankruptcy models. These were used for two groups, one in the field of construction and the other in craft services. A partial goal is to evaluate the financial health of individual companies in the group by using ratios and their subsequent comparison with the results of bankruptcy models. Subsequently, the registered receivables of individual companies in insolvency proceedings will be analysed and the actual date of real company's bankruptcy will be determined. Finally, all results will be summarized, the reliability of individual models and recommendations for each company will be determined. Data for all analysis will be drawn from the financial statements and annual reports of individual companies, as well as from the Commercial and Insolvency Register.
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Comparison of the Market Regulation in the EU and in the USA in the Context of Economic Crisis
Beránek, Jaromír ; Hraba, Zdeněk (advisor) ; Borkovec, Aleš (referee)
Jaromír Beránek - Comparison of the Market Regulation in the EU and in the USA in the Context of Economic Crisis Abstract: Once the U.S. real estate bubble burst in 2007 and most of the major American banks ran into a financial distress following the rising number of mortgage defaults, few foresaw that these problems would grow into the biggest global crisis since 1930s. Soon it turned out that the fall was inevitable. Due to the lack of regulation an uncontrolled growth in bad credits occurred over the years preceding the crisis outbreak. Financial institutions, silently supported by credit rating agencies, started pushing complicated and opaque investment instruments into the hungry market, and investors gladly bought them, motivated by the promise of high bonuses. The ongoing process of globalization and international linking of financial markets significantly accelerated the evolvement of the crisis and contributed to its spread around the world. Burdened by the immense costs of bank bailouts governments of many countries faced a threat of an imminent bankruptcy, and were forced to seek international aid. In the EU, the USA and on the international scene, several initiatives arose, striving to create effective regulatory reforms and to strengthen tools for a timely identification and prevention of...
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The Rights and Duties of natural Persons during Proceedings on Discharge of the Debt
Šůsová, Táňa ; Frintová, Dita (referee) ; Smolík, Petr (referee)
The rights and duties of natural persons during proceedings on discharge of the debt Abstract The main aim of the thesis is to describe the institute discharge of the debt that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The thesis analyses the discharge of the debt from the perspective of the debtor, natural person. The thesis presents a status of the debtor, his rights and duties during insolvency, respectively presents the discharge debtor of his debt. The purpose of the thesis is to describe valid legal regulation, the description of the court decisions in the use of the Insolvency Act, the expert's opinions and the problems with the imperfection of the Insolvency Act, in the part of the discharge of the debt. In the first part, the thesis characterizes the history of the insolvency act and discharge of the debt in the Czech countries since 18th century. Next chapter defined some terms for the thesis important. Specifically, there is defined the term of the debtor. With regard to the discharge of the debt as one of debt-eliminating modes of solving bankruptcy of the non-businessmen's person, the thesis analyzes the term of non-businessmen's person in one of the subchapter. There are defined next terms, guarantor, co-debtor, the term of husband or wife of...
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Modes of resolution of a debtor's insolvency
Verner, Zdeněk ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The methods of solving the debtor' s insolvency using the "sanitation" principle It has been 5 years since the Czech Insolvency Act was enacted. Therefore is it a good opportunity to summarize the pros and cons of the current situation in this branch of law. The Insolvency Act introduced the concept of two approaches to dealing with the debtor' s insolvency which are new in the Czech legal system: the restructuring and the discharge. Both of them share the "sanitation" principle which enables the debtor to continue their existence after having adopted certain measures. The thesis consists of five major chapters. First section provides the basic explanation of the concept of insolvency and the reasons for the special treatment for the bankruptcy of those who have more creditors. There is also a brief description of the insolvency' s procedure. The second chapter deals with the restructuring, which is the method of solving the insolvency of big companies (entrepreneurs). The third chapter focuses on discharge which is intended for those who are not engaged in business activities (non-entrepreneurs) and which enables them to get rid of their debts. The discharge can be performed in two modes: either by the liquidation of the assets or through the performance of the payment calendar. The chapter four and...
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Crystalex Nový Bor: od dedictví IPB k zátěžovému testu českého insolvenčního zákona
Čása, Tomáš ; Richter, Tomáš (advisor) ; Vacek, Pavel (referee)
v Summary The presented work describes and analyzes the course of insolvency proceedings in Crystalex Nový Bor, one of the largest corporate bankruptcies resolved under the Czech Insolvency Act. The core of the work focuses on the description and assessment of the case from the point of view of economic efficiency. The analysis of a large corporate bankruptcy case defined the key aspects of the proceedings and evaluated them in the context of the existing legal framework. The case confirmed a strengthened position of secured creditors, but could not find evidence for opportunistic abuse of this position. The Czech Insolvency Act respected pre- bankruptcy entitlements and the absolute priority rule. On the other hand, the course and the role of the moratorium and delays in the distribution of the liquidation proceeds were weak aspects of the proceedings. The selected method of insolvency resolution through liquidation and sale of the core operating assets together under one contract appeared the most plausible from the point of view of the type of distress in the company. Keywords: case study, financial distress, insolvency, insolvency proceedings, liquidation, asset sale Bibliographic record Čása, Tomáš: "Crystalex Nový Bor: From IPB Heritage to the Loading Test of the Czech Insolvency Act." Charles...
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Selected Business Aspects of Insolvency Proceedings
Mašek, Jan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Thesis: Selected Business Aspects of Insolvency Proceedings The reason why I have decided for my thesis topic is that the connection between business law and insolvency law is a field which has not been studied comprehensively so far. However my opinion is that these law branches have a lot in common as we can see daily their intersection in many insolvency proceeding. Object of this thesis is to describe the main areas in which clashes insolvency law with business law and then define questions which issue from this clash and answer those on which the Insolvency Act and Business Code do not offer clear answers. As I mentioned the connection between insolvency and business law is not focused comprehensively by doctrine. Therefore I work particularly with decided cases and legal interpretation books as sources for my thesis. The text offers two points of views on this topic. The first is aimed to company (especially its statutory body) which becomes insolvent. The second is aimed to third parties who do business with an insolvent company. The first part of my thesis is engaged in short description of historical development of insolvency law in Czech. Then it is focused on explanation of basic insolvency terminology in context of business law. The second part of the thesis deals with duties of...
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International insolvency law
Krenke, Alexey ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
International Insolvency Law Key words: COMI, Insolvency regulation, insolvency, bankruptcy, forum shopping In today's globalized world, proceedings with an international element have become more and more important. This work deals with an important sector of private international law - international insolvency law. Owing to the breadth of the topic, the author has chosen to focus specifically on issues surrounding COMI (Centre of Main Interests) in the European context in conjunction with Council Regulation (EC) no. 1346/2000 on insolvency proceedings dated 29 May 2000 and its amendment in 2015. In addition to the description of the general parameters of European insolvency regulations he refers to the discussion regarding the advantages and disadvantages of COMI as the main factor for the determination of a court's jurisdiction for the initiation and conduct of insolvency proceedings with an international element, and tries to show (with references to several judgments of the European Court of Justice and national courts - among them the Czech courts) both the development of its application in practice and the development of the definition of COMI itself and criteria for assessment. In first chapters author gives the overview of theoretical grounds of the cross- border insolvency and shows the...
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