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Debtor's estate in insolvency proceedings focusing on realisation of immovable things
Hafner, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Resumé AJ Bankrupt's estate is the cornerstone of bankruptcy proceedings, also known as insolvency proceedings, and serves as the initial point for this thesis. Without the knowledge of the scope of this term and its interconnection with other institutions it would not be possible to achieve one of the main aims of insolvency proceedings, the satisfaction of creditors' claims. The main focus of this work is realization of immovable property, i.e. the process of transformation of property included in the list of bankrupt's estate, during which the insolvency trustee must proceed in accordance with the instruction of the secured creditor. Ideally, security of the creditor shall be chosen from one of the methods in the enumerative list provided for by the Insolvency Act. The goal of the thesis is to define the process of realizing immovable property in a comprehensive manner, and to evaluate positives and negatives of the respective methods, including their practical aspects. The work is divided into eight chapters, which are composed to reflect the overall image of the process of realizing the bankrupt's estate, beginning with the term proper and ending with the resolution on the release of the yield of realization to the creditor. The first chapter provides a brief introduction of the issue as well as giving...
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Bankrupt's estate in the insolvency proceedings
Fuksa, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
English abstract This diploma thesis is concerned with the institution of the estate in insolvency proceedings. The insolvency estate is a key concept in insolvency law, as the successful consummation of the very goal of insolvency proceedings depends on the substance of this term. The goal of insolvency proceedings is the highest possible, properly prorated satisfaction of the debtor's creditors. The present thesis does not attempt to cover the concept of the insolvency estate in its entire breadth with respect to the various methods for resolving the debtor's insolvency, but instead focuses on the general delineation of the insolvency estate and on certain specific aspects related to bankruptcy discharge. The thesis also discusses some of the most recent changes to the law which were introduced in particular by the bankruptcy discharge amendment effective as of 1 June 2019 - an amendment which has fundamentally changed the previous legal framework for bankruptcy discharge and which has had a not insignificant impact also on the way in which the insolvency estate as a legal concept is shaped. The main objective pursued by this diploma thesis is to assess the current legal framework governing the insolvency estate as well as the institutions which build upon the insolvency estate, in terms of how they hold...
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Debtor's estate in insolvency proceedings focusing on realisation of immovable things
Hafner, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Resumé AJ Bankrupt's estate is the cornerstone of bankruptcy proceedings, also known as insolvency proceedings, and serves as the initial point for this thesis. Without the knowledge of the scope of this term and its interconnection with other institutions it would not be possible to achieve one of the main aims of insolvency proceedings, the satisfaction of creditors' claims. The main focus of this work is realization of immovable property, i.e. the process of transformation of property included in the list of bankrupt's estate, during which the insolvency trustee must proceed in accordance with the instruction of the secured creditor. Ideally, security of the creditor shall be chosen from one of the methods in the enumerative list provided for by the Insolvency Act. The goal of the thesis is to define the process of realizing immovable property in a comprehensive manner, and to evaluate positives and negatives of the respective methods, including their practical aspects. The work is divided into eight chapters, which are composed to reflect the overall image of the process of realizing the bankrupt's estate, beginning with the term proper and ending with the resolution on the release of the yield of realization to the creditor. The first chapter provides a brief introduction of the issue as well as giving...
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