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Právní a ekonomické aspekty insolvenčního řízení podniku
Kolář, Petr
KOLÁŘ, P. Legal and economic aspects of insolvency proceeding of company. Diploma thesis. Brno: Mendel University in Brno, 2014. This Thesis is focused on insolvency proceedings and all its obligatory elements. The theoretical part deals with particular stages, subjects involved with insolvency and clarifies primary terms connected to insolvency proceedings. The Thesis also introduces three possible methods of insolvency proceeding, which can be used against bankruptcy order such as bankruptcy, reorganization and discharge from debts. These techniques are compared to each other. Statistical figures are added as well as practical examples. The Thesis includes a recommendation on how to precede the insolvency and it inquires into feeding of chicanery insolvency petitions and how to face them.
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Legal aspects of the application claims in insolvency proceedings
PROCHÁZKOVÁ, Jana
The process of the insolvency proceeding is delineated in this bachelor work, including its participants, deadlines and the basic concepts of interpretation. This bachelor thesis is dedicated to the application creditor's debt against the debtor who is bankrupt because of overindebtedness or insolvency. Practical part analyzes progress in completing the application of the insolvency proceedings. Throughout the work is pointed to an amendment of insolvency law as a result of the recodification of private law, which it came into effect from 1st January 2014. The work also points to certain inadequacies and inaccuracies, and therefore the work contains some suggestions de lege ferenda.
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Insolvency proceedings with a European international element
Šebková Stráska, Eva ; Smolík, Petr (advisor) ; Zoulík, František (referee)
in English In this thesis, I analyse Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings and its practical effects in EU member states' bankruptcy proceedings. The regulation creates a European insolvency law which is aimed at proper functioning of the internal market. The market requires efficient and effective cross-border insolvency proceedings in order to protect creditors. I review interpretations of the principle of controlled universality, Lex fori concursus, recognition of insolvency proceedings, and cooperation of liquidators whose function is to administer or liquidate assets located in various member states. I also examine the process of launching primary and secondary proceedings in relation to the debtor's centre of main interest and to his place of operations where the debtor carries out a non-transitory economic activity with human means and goods. I demonstrate the current legal reasoning of the Court of Justice of the European Union in e.g. the Judgment of the Court (Grand Chamber) of 2 May 2006 in Case C-341/04, Eurofood IFSC Ltd. which interprets Articles 1, 2, 3 and 16 of the regulation, and in the Judgment of the Court (First Chamber) of 21 January 2010 in Case C-444/07, MG Probud Gdynia sp. z o.o., which interprets Articles 3, 4, 16, 17 and 25 of the...
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Application of creditor´s claim in insolvency proceeding
Vyškovská, Vendula ; Hásová, Jiřina (advisor) ; Kříž, Radim (referee)
This diploma thesis deals with topic called Application of creditor´s claim in to the insolvency proceeding. Attention is paid on handling with this debt in the time between registration and review procedure, on which is this debt validated or rejected. This thesis is also focused on characteristics of each type of debt and their registration. The main focus of this thesis is on analysis of the topic - defects of registrations and its consequences on the creditors claim in insolvency proceeding. Part of this thesis is also detailed analysis of each disclaiming act and each person which can do this act. After that are studied consequences of these disclaiming acts. There is also compared current legislation with the old one and used jurisprudence for law interpretation.
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The Course of Insolvency Proceedings in the Czech Republic
Bartošová, Petra ; Randáková, Monika (advisor) ; Roubíčková, Jaroslava (referee)
The main topic of this thesis is the course of insolvency proceedings pending under Insolvency Act and the aim is to compare the actual ongoing insolvency proceedings in practice with the theory. In the beginning of thesis are defined the basic terms which can be appeared during the insolvency proceedings. Subsequently, there is theoretically demonstrated the course of insolvency proceedings from the start through the decision on bankruptcy to the ways of resolving insolvency. The following section discusses the economic impacts of the debtor and his creditors. The aim of practical part is demonstrating the application of insolvency law in practice using by the real insolvency proceedings with EQUUS Company Ltd.
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Raising claims in insolvency proceedings
Němcová, Petra ; Smolík, Petr (advisor) ; Zoulík, František (referee)
v anglickém jazyce The subject of presented Master's degree thesis is Raising claims in insolvency proceedings. The purpose of this thesis is to analyze this issue from the view of present legislation and judicial decisions and to point out some interpretation problems. Recent amendments of legal regulation as well as proposed bills were taken into account too. This thesis is divided into nine chapters. Chapter One introduces an initial part of insolvency proceedings, which starts with the commencement of insolvency proceedings and ends with the decision on the bankruptcy. It is concerned with an insolvency petition and analyzes its requirements and effects. This is followed by description of a court procedure regarding the alternatives of decisions on the insolvency petition. The consequences of unfounded insolvency petition and subsequent liability of petitioner were not left without attention as well. Chapter Two is focused on the creditor as a participant in the insolvency proceedings. Creditors are divided into five groups by the character of their claims. In these groups is a position of creditors in the proceedings defined especially with regards to the way of raising their claims. Next two chapters represent the key part of this thesis. As its title suggests, it relates to raising claims in...
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