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Preventive Restructuring as Protection against Bankruptcy
DERMEKOVÁ, Petra
The topic of this thesis is the issue of preventive restructuring as protection against bankruptcy. It is a new and topical topic that solves the unfavourable economic situation of businesses and entrepreneurs in a different way than the insolvency law stipulates. Preventive restructuring has become part of the Czech legislative environment in response to the requirements of the European Union. The newly adopted law gives entrepreneurs the opportunity to restructure their companies in a timely and effective manner and thus avoid resolving their debt situation through bankruptcy. The thesis is focused on assessing whether there is any real hope in limiting or reducing the number of undesirable liquidations of viable businesses and enterprises due to this new aspect of Czech legal and economic life, as well as to evaluate the substance of business restructuring in comparison with the rules of insolvency law as a solution for negative economic situations of businesses.
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Directive on Preventive Restructuring and its implementation into Czech legal system
Vozka, Marek ; Hurychová, Klára (advisor) ; Eichlerová, Kateřina (referee)
v anglickém jazyce This Master's Thesis conducts a comprehensive analysis of preventive restructuring within the framework of Czech insolvency law, focusing on its practical applicability and benefits for commercial corporations facing financial difficulties. Special attention is given to the European Union Directive on preventive restructuring, aimed at harmonizing approaches to solution of financial difficulties across member states and providing effective tools to prevent business failure. The thesis examines the legislative framework of preventive restructuring, analyzes its implementation into Czech legal system, and compares it with approaches in other countries. Through theoretical examination and empirical data analysis, this thesis assesses whether preventive restructuring can be a suitable tool for financial rehabilitation and whether it can fulfil the expectations associated with its introduction. Key findings indicate that although preventive restructuring represents a debtor-friendly and less procedurally demanding approach, its real impact on the business environment in the Czech Republic will be limited. Empirical data suggest that since the introduction of the Insolvency Act, there has not been a significant increase in cases where bankruptcy is resolved through reorganization,...
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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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The Criteria of Calculating the Non-Recoverable Amount
NĚMCOVÁ, Klára
This thesis deals with the criteria of calculating the non-recoverable amount at the bankrupcy procedure of natural persons. Using the analytical methods is trying to present that this non-recoverable amout could be demotivating instrument when it comes to legal employment. For a better view, this thesis compares a bankrupcy procedure with an enforcement proceeding, showing the fact that the current construction of calculating the non-recoverable amount can put some citizens close to the border of poverty. Second part of this work is dedicated to options to raise the non-recoverable amount and consequential presentation of these options on specifics cases.
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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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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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Breaking-up activity of firm and the transaction cost
Kosturák, Matej ; Koubek, Ivo (advisor) ; Kocourek, David (referee)
In my work I focus on the essential components of the bankruptcy and insolvency problem. The basis for understanding of mentioned problem was study of capital structure and it's connection with world of insolvency. Secondly I focus on different aspects of qualitative analysis of bankruptcy, starting with definition of different terms, many times unprofessionally misused, followed by description of four main processes of bankruptcy. These processes connect fundamental causes of bankruptcy with financial and nonfinancial consequences. For an economic paper, it is quiet extensively concerned with insolvency law, concretely with new Czech norm, which is in force since 2008. From legal definition of default, through initiation of insolvency proceeding to the individual options of solution, the reader can clearly understand the core of this paper. As particular contribution I regard part of the paper, where I examine 160 cases of Czech companies and persons under liquidation process. Among the most significant conclusion I consider finding of quite significant differences in the court proceedings of Czech courts, the length of the insolvency proceedings and each of its phases and the ratio of satisfied claims of secured as well as unsecured creditors.
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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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Discharge as one of debt-eliminating modes of solving bankruptcy
Šnoblová, Zuzana ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Discharge as one of debt-eliminating modes of solving bankruptcy Abstract The aim of this thesis is to define the new law institute as regards insolvency law that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Law). The act came into force on 1.st January 2008. The purpose of this thesis is also to describe the practice of courts when applying afore mentioned law and specify some difficulties concerning new legislation. Discharge from debts is one of the remediation methods to resolve the debtor's bankruptcy. The idea is to allow the debtors to exempt from the payment of their debts and start new life free of debt. Discharge from debts is a tool for solving the so-called consumer bankruptcy people who are not entrepreneurs. The part of the thesis deals with the personal scope of discharge. Furthermore, it is up to the court to decide whether it discharges debtors from their debts. The basic premise is the honest intention of the debtor. Another assumption is the fact that the debtor will satisfy at least 30 percent of the claims of unsecured creditors. Discharge from the debts can be secured in two ways. The first way is to liquidate the debtor's estate and the second, is to fulfill monthly payments in five years, the second solution is often preferred by the unsecured...
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Economic Rationale behind the Evolution of the Slovak Insolvency Law
Hrnčiar, Pavel ; Richter, Tomáš (advisor) ; Gutiérrez Chvalkovská, Jana (referee)
The Slovak insolvency law reform, which came into effect on 1 January 2006, introduced a brand new restructuring option for business debtors. In this thesis, we present the first complex empirical analysis of all restructuring attempts allowed in the period 2006-2010. Results, based on a large amount of data, which we gathered for this purpose, suggest that the restructuring option is much more viable than the composition option under the previous Bankrupcty and Composition Act. The system is characterized by very high success rates (in terms of plan confirmation) and speedy proceedings. The size of the debtor affects neither the prospects for success, nor the length of proceedings significantly. We conclude that, even though a lot of improvements still need to be done, the reform moved the Slovak insolvency law closer to the standards of the best-performing jurisdictions. JEL Classification D23, K12, K20 Keywords insolvency law, reform, restructuring, bankruptcy, restructuring plan, trustee Author's e-mail hrnciarpavel@gmail.com Supervisor's e-mail tomas.richter@cliffordchance.com
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