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Bankruptcy of financial institutions
Urbanová, Irena ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Bankruptcy of financial institutions Abstract The topic of the thesis is the bankruptcy of financial institutions. The thesis deal with bankruptcy of financial institutions, which are defined in the Insolvency Act, int its § 2 paragraph k). These include banks, credit unions, securities dealers, insurance companies and reinsurance companies. Given the potential system-wide impact of the bankruptcy of financial institutions and also for the reason a large number of creditors, special legal regulation on the insolvency of financial institutions is necessary. The special legal regulation of bankruptcy of financial institutions can be found in the Part Two of Title IV of Insolvency Act. The main focus of the work is the differences of insolvency proceedings in financial uinstitutions from standard insolvency proceedings. Depositors usually represent the majority of creditors of financial institutions and therefore are afforded increased protection in insolvency proceedings of financial institutions. This protection is based on the deposit insurance system, which in Czech legal environment is represented by the Guarantee System Deposit Insurance Scheme and the Securities Dealers Guarantee Fund, and also in the automatic registration of claims arising from the insolvent debtor's accounts. Special role in the...
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The Costs of Bankruptcy
Pérez, Nicolas ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
The Costs of Bankruptcy Abstract This work deals with the question of whether insolvency law effectively reduces the cost of bankruptcy in the context of insolvency proceedings of commercial corporations. The author first defines the economic foundations of insolvency law and emphasizes its goal as a maximalization of the creditor's wealth. The first chapter focuses on the initial context of insolvency proceedings and emphasizes an economic perspective that views insolvency proceedings as a mechanism for shifting a residual claim from shareholders to creditors at the lowest costs. The author describes the costs of using this mechanism as the costs of bankruptcy. The second chapter describes what kind of costs are associated to the civil proceedings. Subsequently the author elaborates on the relationship in between the civil proceeding costs and insolvency proceeding costs. The rest of the second chapter is dedicated to the direct and indirect costs of bankruptcy. The costs of the insolvency trustee and the costs of using external advisors are identified as the most important direct bankruptcy costs. The third chapter Describes the position of the insolvency trustee and his role in insolvency proceedings, including the method of its remuneration. The Author analyzes whether the set calculation of the...
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Bankruptcy of financial institutions
Urbanová, Irena ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Bankruptcy of financial institutions Abstract The topic of the thesis is the bankruptcy of financial institutions. The thesis deal with bankruptcy of financial institutions, which are defined in the Insolvency Act, int its § 2 paragraph k). These include banks, credit unions, securities dealers, insurance companies and reinsurance companies. Given the potential system-wide impact of the bankruptcy of financial institutions and also for the reason a large number of creditors, special legal regulation on the insolvency of financial institutions is necessary. The special legal regulation of bankruptcy of financial institutions can be found in the Part Two of Title IV of Insolvency Act. The main focus of the work is the differences of insolvency proceedings in financial uinstitutions from standard insolvency proceedings. Depositors usually represent the majority of creditors of financial institutions and therefore are afforded increased protection in insolvency proceedings of financial institutions. This protection is based on the deposit insurance system, which in Czech legal environment is represented by the Guarantee System Deposit Insurance Scheme and the Securities Dealers Guarantee Fund, and also in the automatic registration of claims arising from the insolvent debtor's accounts. Special role in the...
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Assessment of the creditworthiness of a consumer in insolvency proceedings
Tetera, Filip ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Assessment of the creditworthiness of a consumer in insolvency proceedings Abstract This diploma thesis deals with a creditor's obligation to assess a consumer's creditworthiness with due professional care before concluding a consumer credit agreement, or alternatively amending such an agreement consisting of a significant increase in the total amount of consumer credit imposed on the consumer credit provider by Act No. 145/2010 Coll., on consumer credit, or Act No. 257/2016 Coll., on consumer credit. Enshrining this obligation in the aforementioned laws is one of the manifestations of consumer protection in our legal system. The primary goal of this obligation is to protect the consumer, who, compared to consumer credit providers, certainly lacks professional, and in particular legal and economic, knowledge and experience in the field of consumer credit provision, as well being materially and personally equipped as regards disproportionate and reckless borrowing. Over-indebting of households negatively affects not only the consumer as an individual, on whom the negative consequences fall existentially, but also the Czech Republic as a state, and ultimately also creditors from consumer credit contracts, i.e. ultimately they are also protected by regulation and compliance with the obligation of providers...
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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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Oceňování v rámci insolvenčního řízení
LOPATA, Ondřej
In my diploma thesis I deal mainly with the difficulty of valuing real estate in insol-vency proceedings, the insidiousness of such valuation and the difference between the usual price and the extraordinary price. However, an equally important part of my work is also the issue of insolvency proceedings themselves, its course, debt relief variants or figures involved in the proceedings. The aim of the work was at least a basic acquaintance and understanding of insolvency proceedings, its variants, pitfalls, and above all, valuation of real estate, which are monetized during the pro-ceedings to debtors. As the solution to insolvency proceedings has several variants, and therefore the entities that fall into the proceedings are not only natural persons, but also legal en-tities, not only real estate is valued in insolvency proceedings. It is possible to value securities, movables, shares, companies, ie everything that has a financial value. In my diploma thesis I will deal with the valuation of real estate, due to the field I am studying. In the practical part of my work, I tried to show and analyze on a specific case, what is the difference between the usual price and the extraordinary price, why the extra-ordinary price is approached and how to solve such cases. I obtained a specific case thanks to the insolvency register, which is freely accessible to all persons and does not require any authorizations, so it is public.
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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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Incidental disputes in Czech and Europen law
Pume, Marek ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Incidental disputes in Czech and European law As disputed issues may arise during the insolvency proceedings which generally need to be resolved before the insolvency proceedings are concluded, but which may often be truly challenging to assess due to their nature, it is possible for the court to separate these disputes into ancillary insolvency proceedings, where these issues are put to rest and thus there is no need to burden the main proceedings. These disputes are referred to in the Insolvency Act as incidental disputes. This thesis describes the whole course of insolvency disputes, the characteristics and nature of all the different types of disputes designated as incidents by the law and their comparison with the European Union and German legislation. The first part of this thesis is devoted to the general regulation of the initiation and conduct of incidental disputes, which is similar to the regulation of ordinary court proceedings, and therefore the emphasis is placed on the differences between these regulations and on highlighting the essential institutes related to the disputes arising from insolvency proceedings. The chapter also discusses the nature of the decisions rendered in these proceedings, the specifics of the costs of the proceedings and the nature of the various special types...
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The role of public prosecutor in the insolvency proceedings
Kubala, Tomáš ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
- 1 - The role of public prosecutor in the insolvency proceedings Abstract The activity of public prosecution is exclusively associated with the criminal proceedings. Therefore, the fact that it also has a very important non-criminal scope of authority is oftentimes forgotten. The primary focus of this thesis is to uncover such second part of its authority, particularly with respect to the insolvency proceedings. Due to the fact that the position of public prosecution has not yet been properly clarified, cases in real life occur, in which even parties to the proceedings themselves question, whether the public prosecution being a party to the respective insolvency proceeding can be deemed as beneficial or whether it was even entitled to exercise some of its procedural acts. The first part of this thesis shall focus on the historic summary of evolution of non-criminal authority of public prosecution (including the insolvency proceedings) and on specification of the basic principle, which is to be pursued or followed during the course of its (entire) activity and which has undergone some evolution throughout the history as well. In the next part, the general legislation shall be discussed which allows the public prosecution to enter into certain proceedings, and even initiate a few of them. Some of the...
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