National Repository of Grey Literature 3 records found  Search took 0.01 seconds. 
Discharge of a debtor - one of modes of insolvency solution
Rothová, Kateřina ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Indebtedness of individuals non-entrepreneurs and their subsequent inability to pay their obligations duly and on time was reflected not only in legislation designed to protect consumers but also to law that props up the debtor's financial position and provides him a second chance for a fresh start free of debt. The Insolvency Act passed through development during its efficiency i.e. from 1st August 2008, a considerable development, and according to the number of submitted insolvency proposals it became a legal instrument used by debtors to manage and address solving of their situation. We will be able to assess efficiency of utilisation this notion enabling discharge from debts in the next two or three years, when enough evidence should be available to evaluate the success of approved debt reliefs through the payment schedule. Court decision taking adapted the Insolvency Act also to the possibility of debt relief for spouses who are in most cases engaged in joint commitments under the joint property of spouses. The debt relief for spouses, however, brings a couple of questions and insolvency courts do not approach to proceed it in uniformly way. It is therefore important to prepare major amendment to the Insolvency Act, from which we expect not only the unification of court decisions, as well as...
Entry into discharge
Šuťaková, Veronika ; Sedláček, Miroslav (referee)
Entry into discharge Abstract The central theme of the rigorous work is the beginning of discharge, an institute that is one way of dealing with the debtor's bankruptcy. The institute of discharge and the entire insolvency law has undergone major changes in recent years, and the need to use this institute and make it accessible to the widest possible range of people is increasingly pointed out. The aim of the thesis is to discuss the institute of discharge as such with a focus on its beginning, ie entry into discharge. The work is focused on the phase of dicharge and everything that precedes it by debtors, the insolvency court and others. The thesis briefly discusses the history of discharge, the benefits and pitfalls of discharge and, last but not least, the entities that can use the discharge institute. The main topic is the entry into discharge, which is in the fourth chapter. The aim of this part of the work is to compare the legal regulation of insolvency law effective until 31 May 2019 and after the entry into force of the so-called Discharge Amendment, in the context of other amendments that were adopted after the entry into force of the Discharge Amendment. This part of the thesis answers the questions, what are the conditions for entering discharge, what steps the debtor must take to allow him to...
Discharge of a debtor - one of modes of insolvency solution
Rothová, Kateřina ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Indebtedness of individuals non-entrepreneurs and their subsequent inability to pay their obligations duly and on time was reflected not only in legislation designed to protect consumers but also to law that props up the debtor's financial position and provides him a second chance for a fresh start free of debt. The Insolvency Act passed through development during its efficiency i.e. from 1st August 2008, a considerable development, and according to the number of submitted insolvency proposals it became a legal instrument used by debtors to manage and address solving of their situation. We will be able to assess efficiency of utilisation this notion enabling discharge from debts in the next two or three years, when enough evidence should be available to evaluate the success of approved debt reliefs through the payment schedule. Court decision taking adapted the Insolvency Act also to the possibility of debt relief for spouses who are in most cases engaged in joint commitments under the joint property of spouses. The debt relief for spouses, however, brings a couple of questions and insolvency courts do not approach to proceed it in uniformly way. It is therefore important to prepare major amendment to the Insolvency Act, from which we expect not only the unification of court decisions, as well as...

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