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The role of insolvency administrator in bankruptcy and discharge of debts
ŠINDELÁŘOVÁ, Jaroslava
The topic of the master thesis is the role of insolvency administrator in bankruptcy and dischargeofdebts. The thesis defines the role of an insolvency administrator in an entire process of aninsolvency proceeding, from administrator nomination to the end of the procedure. The first part of thesis describes the historical development of the legislation of insol-vency proceeding and its characteristic. The second part of the thesis is focused on the figure of the insolvency administrator and administrator and his nomination together with the conditions, how to get the authorization to exercise this function. The practical part of the thesis is focused on the comparison of the legislation ofinsol-vency proceeding before the amendment of the Act about insolvency from 1. 1. 2014 and the recent way of proceeding. In this comparison I am focusing on analysis of terri-torial action of individual insolvency administrators. All the information I have found, I use in practice thanks to the company Alva s.r.o., which provided me all the documen-tation needed to find out, if all the insolvency administrators work in the same way or not, and if they work as they should. In the conclusion of my thesis there is a summary of all the facts I have found out.
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Discharge of debts by fulfilment of the instalment schedule
Sandholzová, Lucie ; Hásová, Jiřina (advisor) ; Kříž, Radim (referee)
The diploma thesis deals with insolvency proceedings where the debtor's bankruptcy is solved by discharge of debts by fulfilment of the instalment schedule. The aim of the thesis is to verify three hypotheses expressed in the introduction. The author evaluates bill amending Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), as amended, and certain other acts, which should become effective on 1 September 2016, particularly in the context the provision of services in the elaboration of an insolvency petition relating to the proposal to permit debt relief. More attention is paid to the performance of debt relief instalment schedule, especially Deductions from income of the borrower when one income, foreign income and income arising from the donation agreement or contract for retirement. The paper also compared the liquidation of seized property of the debtor in insolvency proceedings and enforcement proceedings. Finally, the work contains several proposals de lege ferenda, opinions of the author and their own approaches to solving problems associated with Discharge of debts by fulfilment of the instalment schedule.
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Insolvency administrator
Marková, Jana ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The bachelor thesis deals with the institute insolvency administrator. It consists of two parts (chapters), each chapter contains several subchapters. The first part deals with insolvency proceedings, namely bankruptcy and its solutions are also discussed principles of insolvency proceedings and also characterized procedural subjects. The second part is dedicated to the insolvency administrator - its establishment in functions, activities and responsibilities, accountability, and also the amount of remuneration and reimbursement of cash expenses due to him. Space is also given to other types of administrators. Conclusion reflects the activity and the need of person of administrator and express an opinion on the remuneration.
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The Functions of the Insolvency Administrator in the Czech Republic
Křížová, Iveta ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This thesis deals with a person of the Insolvency Administrator, both in terms of the requirements imposed on the person of the Insolvency Administrator, and in terms of the obligations to be Insolvency Administrator in the course of Insolvency proceedings perform. The main objective of this thesis is to test the hypothesis that can be considered the submitted draft amendments to the Insolvency Act effective from 1. 1. 2014, effective, particularly in relation to the performance of the Insolvency Administrator.
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Role of the insolvency administrator in solving issues of bankruptcy through debt relief
Bandžak, Richard ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The work examines the role of the insolvency administrator in solving bankruptcy. The main objective of debt relief is to help over-indebted non-entrepreneurs to break out of their impasse resulting from too high a debt which they are unable to repay. This partly differs from other ways of addressing bankruptcy while emphasizing the needs of the borrower. The insolvency administrator is in charge of satisfying the needs of creditors. The work addresses whether a different principle of debt relief affects the role of the insolvency administrator.
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Insolvency Administrator
Šelmátová, Gabriela ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This thesis analyses the role of an insolvency administrator in insolvency proceedings. It focuses not only on general duties of insolvency administrators in insolvency proceedings, but it also deals with prerequisites necessary to meet in order to be eligible for the function of an insolvency administrator. The thesis presents various types of insolvency administrators, the appointment procedure and changes to the appointment of an insolvency administrator, the possibility to recall, expel and relieve an insolvency administrator of his function. Constituting the fundamental part of the thesis, the third chapter analyses the assignment of insolvency administrators to particular insolvency proceedings and evaluates the proposed amendment to the Insolvency Act replacing the current system of nomination with the system based on rotation.
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Funkce insolvenčního správce v ČR
Svobodová, Martina ; Moravec, Tomáš (advisor) ; Zvěřina, Miroslav (referee)
This thesis is focused on function of insolvency administrator, both in terms of requirements imposed on the performance of insolvency administrator, and in the terms of the obligations that insolvency administrator has to execute in course of the insolvency proceedings. The objective of this thesis is analyzing function of insolvency administrator from the point of view of his position, powers and responsibility in insolvency proceedings. The objective of this thesis is also to test hypothesis, whether a new system of appointment of insolvency administrators based on rotational principle can be considered as effective and whether it truly led to higher transparency of appointment of insolvency administrators.
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Way how to solve businessmans bankruptcy
PODROUŽKOVÁ, Lucie
The aim is to analyze the legislation means of resolving insolvency, creating a comprehensive business bankruptcies of the insolvency proceedings in bankruptcy reorganization on the basis of a practical example, including subsequent evaluation of the advantages and the low number of permitted reorganisation, and designing themes, de lege ferenda, namely guidelines, which would be appropriate to change the legislation.
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Insolvency Administrator and His Role in Insolvency Proceedings
Káchová, Markéta ; Kotoučová, Jiřina (advisor) ; Kříž, Radim (referee)
This thesis is focused on the issue of insolvency administrator and his role in insolvency proceedings. Firstly, it deals with the insolvency administrator as a person and tries to offer various points of view on their status not only within the area of insolvency law. It also concerns the general and qualification requirements for the performance of the office of insolvency administrator. Within the explication of the role of the insolvency administrator in the insolvency proceedings, the ways of the administrator's appointment to the office and possibilities of termination of their activity in the office are described, but the main focus is their rights, duties and activities during the insolvency proceedings, both general activities the administrator executes irrespective the way of bankruptcy resolution and activities following the particular ways of bankruptcy resolution. The thesis also contains explication of rewarding of the administrator and compensation of expenses, as well as a chapter dealing with various forms of liability of insolvency administrator. The conclusion offers also a few considerations de lege ferenda.
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Insolvency proceedings from the view of insolvency administrator's duties
Pařezová, Kateřina ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis deals with the insolvency administrator. The objects of this work are mainly are the duties that insolvency administrator has to execute during the insolvency proceeding and the necessary requirements for the performance of the insolvency administrator's function. The objective of this work is to clarify the role of insolvency administrator in the particular phases of insolvency proceedings in general terms and the definition of his position and responsibilities in different types of insolvency proceedings. The aim of this work is also to analyze the assumptions that insolvency administrator must meet in order to obtain permission to perform the function of the insolvency administrator.
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