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Reorganizace jako možnost řešení úpadku
Bouchal, David
Bouchal, D. Reorganization as a possible solution to bankruptcy. Bachelor thesis. Brno: Mendel University, 2016. Bachelor thesis is focused on reorganization, as one of the ways of solving bankruptcy. On the basis of economic analysis of chosen company, author suggested some necessary measures that should lead to a successful reorganization and rehabilitation of said company. The suggested reorganization process is evaluated and also compared to bankruptcy. The conclusion is supplemented by generally accepted recommendations applicable in insolvency proceedings.
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Reorganization under insolvency law
Havelka, David ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
Reorganization under insolvency law Abstract Diploma thesis from quite vague scope, as reorganization apparently is, focused on specific areas in insolvency proceedings and trying to bring a more concrete point of view and a more detailed perspective. Those areas include problems of suitability research that can be use by reorganization institute, as fundamental remediation for solving bankruptcy for various situations. Focus is on both economics, also a legal assumption of the feasibility of reorganization, yet to increase an emphasis on examining the motivation of people, who apparently can affect the enforcement and can significantly affect the implementation of reorganization. Determination process of appropriate way to resolve the insolvency situation is closely related to its solution and is also more detail explained in thesis. As a main key is considered to have enough and sufficient information about debtor's creditors. Valid legal problems and regulations of compiling a professional assessment, which might lead to better knowledge for creditors. In this context, some legislative proposals aimed at improving the usability of assessment in the reorganization are also mentioned. Within the whole work, emphasis is placed on the topics discussed, not only with regard to the recent legislative changes....
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Reorganization as an insolvency method in the Czech law with focus on a prepacked reorganization
Kubíčková, Michaela ; Pohl, Tomáš (advisor) ; Holčapek, Tomáš (referee)
Reorganization as an insolvency method in the Czech law with focus on a prepacked reorganization Abstract This thesis deals with one of the insolvency methods in the Czech Republic, a reorganization. Proper definition of a bankruptcy is the crucial and initiatory point of Czech insolvency proceedings. Bankruptcy is defined not only by the introductory provisions of the Insolvency Act, but also by the conclusions of Czech higher courts which are analysed in this thesis. In case that debtor's economic situation overreaches an imaginary bound of bankruptcy the author of this thesis proposes to solve this situation by way of reorganization as a suitable insolvency method. However, not all debtors are eligible to be subject of reorganization. The debtor must be an entrepreneur with an annual net turnover for the last financial year prior to filing for insolvency in the amount of at least CZK 50,000,000 or must have at least 50 employees. The debtor who does not fulfil these criteria may be subject to reorganization at all. The Insolvency Act offers a solution by mean of the prepacked reorganization approved by at least half of all debtor's secured and unsecured creditors. As the title of this thesis suggests, it covers the main attributes of the prepacked form of reorganization, which provides the debtor with a...
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Reorganization under Czech legal regulation
Horváthová, Michaela ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Thesis title: Reorganization under Czech legal regulation Main goal of this diploma thesis is to describe and to analyze the applicable legal regulation of reorganization, contained in Act No. 182/2006 Coll., on insolvency and modes of its solutions. Reorganization, as governed today, represents one of the rescue modes of resolution of insolvency, suitable mainly for the mid-sized to large enterprises. Although even after meeting of all the conditions for its allowance by court, it cannot be understood as a solution for everybody, it represents an interesting alternative to the bankruptcy, leading to the winding-up of the particular company. The diploma thesis is divided into fourteen chapters in total. The first two chapters are dedicated to general issues, i.e. to the definition of the concept of the insolvency proceedings and of its legal regulation, as well as to the legal regulation of reorganization. The emphasis therein is given to the character and goal of the insolvency proceedings, with focus on the interpretation of the concept of "principally proportionate satisfaction of creditors" as one of the key concepts determining the main purpose of insolvency proceedings. Third chapter reflects the basic overview of the process of insolvency proceedings until the issuance of the court decision...
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Reorganization plan - preparation and performance
Nováková, Karolina ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
IN ENGLISH: Reorganization plan - preparation and performance The main purpose of my thesis is definition of the functioning of the reorganization and providing detailed analysis of preparation and performance of a reorganization plan until the termination of the reorganization. The work focuses on the problematic parts of the reorganization process under the existing legislation included in the Act No. 184/2006 Coll., Insolvency Act, and points out a way how the stakeholders deal with these issues in the practice. The aim of my work is to answer why there is still so small amount of successful reorganizations and why is reorganization overall underused means of resolving insolvency or impending bankruptcy of debtors. The thesis is divided into eight chapters and each chapter is further divided into several subchapters. The first chapter deals with reorganization as a remediation solution of the debtor's bankruptcy in general. The second chapter is concerned with creditor's position in the reorganization process. Third chapter discusses in detail the issue of a reorganization plan, in particular the question of its purpose, the process of preparation of a reorganization plan, the content of a reorganization plan and its annexes. The fourth chapter is concerned with a report on the reorganization...
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Limits of reorganization in insolvency proceedings
Kraus, Radek ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
This thesis deals with the theme "Limits of reorganization in insolvency proceedings." Thesis is divided into eight chapters. First chapter defines the concept of reorganization and insolvency proceedings regardless of the specifics of individual national laws and arranges them into the legal scheme. Second chapter deals with the development of insolvency throughout history. Specific attention is paid to the Bankruptcy and Settlement Act ("zákon o konkurzu a vyrovnání"). Third chapter describes the American regulation of insolvency, which is the major inspiration for most modern insolvency regulations, especially chapter 7 and 11 United States Bankruptcy Code, i.e. liquidation and reorganization. Fourth chapter describes the German regulation, because the German regulation played a huge role in the process of making of the Czech Insolvency Act ("insolvenční zákon"). Both foreign adaptations are examined primarily through the lens of reorganization; other institutes are described and evaluated only in if they seemed to be important as an inspiration for the de lege ferenda regulation. Since the reorganization cannot be defined without a broader procedural context, fifth chapter is devoted to description of the basic institutes of the Insolvency Act. Chapter Six and Seven thoroughly describe the...
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Reorganizace jako možnost řešení úpadku
Procházková, Martina
Bachelor thesis solves the reorganization issues, that is one of the possibilities of solving the debtor's bankruptcy. There are explained the basic terms of the insolvency law and principles of the reorganization in the theoretical part. In the practical part is mentioned the example of the reorganization plan for the model situation of the reorganization the concrete company.
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