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The role of a social worker in debt counseling
HANÁK, Radek
This undergraduate thesis describes the role of social worker helping elder citizens in debt. The most common cause of debt for seniors is their will to help to close relatives. Senior citizens are often victims of scammers who force them to buy unnecessary goods. Seniors often do not realize their financial situation and they fall into debt. If a distrainor is involved, it is a race with time due to the risk of loss of property and real estates. There is a chance for a return to peaceful life thanks to the Insolvency law as their debts can be eliminated after a 3 year period. There are strict conditions to fulfill hence it is suitable to discuss the situation with social workers specialised in the field of debts.
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The Bankruptcy Detection in Insolvency Proceedings in the Czech Republic
Havlovicová, Eliška ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The Bankruptcy Detection in Insolvency Proceedings in the Czech Republic Abstract This rigorosum thesis presents a detailed interpretation of the term "bankruptcy" and its detection in insolvency proceedings in the Czech Republic. Detection of bankruptcy is considered to be the initial phase in the insolvency proceeding and is, in fact, identical for all insolvency proceedings. Despite common lack of attention, it is indeed a crucial stage since without proper hearing about bankruptcy and its adjudication one cannot continue in the insolvency proceeding. Eventually, the whole proceeding is encumbered with defect. Therefore, this thesis aims at introducing complex analysis of the first phase of each insolvency proceeding. This study first examines the term 'bankruptcy', both in the form of equity insolvency and balance-sheet insolvency. It lays particular emphasis on the latest amendment of act which came into effect in the second half of 2017 and which significantly adjusted definition of bankruptcy. This section also discusses imminent bankruptcy and conditions of its detection. Next chapter addresses the commencement of the insolvency proceeding and its impacts as well as all necessary requirements and appendixes of the insolvency petition. This paper distinguishes between insolvency petition filed by the...
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The Bankruptcy Detection in Insolvency Proceedings in the Czech Republic
Havlovicová, Eliška ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The Bankruptcy Detection in Insolvency Proceedings in the Czech Republic Abstract This rigorosum thesis presents a detailed interpretation of the term "bankruptcy" and its detection in insolvency proceedings in the Czech Republic. Detection of bankruptcy is considered to be the initial phase in the insolvency proceeding and is, in fact, identical for all insolvency proceedings. Despite common lack of attention, it is indeed a crucial stage since without proper hearing about bankruptcy and its adjudication one cannot continue in the insolvency proceeding. Eventually, the whole proceeding is encumbered with defect. Therefore, this thesis aims at introducing complex analysis of the first phase of each insolvency proceeding. This study first examines the term 'bankruptcy', both in the form of equity insolvency and balance-sheet insolvency. It lays particular emphasis on the latest amendment of act which came into effect in the second half of 2017 and which significantly adjusted definition of bankruptcy. This section also discusses imminent bankruptcy and conditions of its detection. Next chapter addresses the commencement of the insolvency proceeding and its impacts as well as all necessary requirements and appendixes of the insolvency petition. This paper distinguishes between insolvency petition filed by the...
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Instruments of protection against fraudulent insolvency petitions
Růžičková, Lucie ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
This thesis aims to provide a summary overview of instruments of Czech law preventing insolvency petitions of being misused by the creditors and to asses, whether the current legislation provides sufficient protection for borrowers against fraudulent insolvency petitions and on the contrary, whether it does not disproportionately restrict the rights of creditors eligible to enforce their claims towards the borrower in bankruptcy. After the first chapter which defines the basic terms and concepts of the insolvency law, which are used further in the thesis, follows a chapter defining the term "fraudulent insolvency petition" itself and the common motivations of the creditors thereto. The third chapter analyses the particular instruments of private law suitable to provide protection against fraudulent insolvency petitions. The main part of this thesis is contained in the first part of this chapter, which describes the particular instruments of the Insolvency Act providing for protection of borrowers against fraudulent insolvency petitions. The following part of this chapter describes other instruments of private law that might be alternatively used against the fraudulent insolvency petitions. The fourth chapter then describes the criminal law consequences of the fraudulent insolvency petitions. In the...
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Insolvency petition and its misuse
Kadlec, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The goal of this thesis is to explain the conception of the insolvency petition and to solve issues arising from the misuse of the insolvency petition including the motivation to file such an unlawful claim. Under the Czech law, the Insolvency petition is an important part of the insolvency proceedings that are initiated at the moment when an insolvency court receives the insolvency petition. Particular legal requirements of the insolvency petition, which would be able to initiate demanded consequences, were analysed step by step in this thesis too. Differences between the situations when the insolvency proceedings were initiated by the creditor or by the debtor were also specified. Significant part of this thesis deals with matters relating to the misuse of the insolvency petition. The overview of the principle of misuse of law in civil law was given at the beginning of this part. One of the objects of the chapter was also to determine the motivation to submit an unlawful insolvency petition as well as the characteristics of this illegal claim. Subsequently, the possibilities of defense against the unlawful insolvency petition were stated. Some of these defence mechanisms are explicitly mentioned in the Act No. 182/2006 Coll., on Insolvency and methods of its Resolution (Insolvency Act), the rest...
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Insolvency proceedings and their application in practice
Arnold, Edita ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
In this work, I have focused on solving problems of analysis of the debtor's bankruptcy in the Czech Republic in terms of its practical application. I interpreted the relevant provisions of the Insolvency Act relating to the issue of insolvency proceedings, and I tried to explain some of the problems that have occurred in connection with the application of the insolvency law. Work is conceived so as to explain the issue of resolving insolvency of the debtor in general. Individual chapters provide a general interpretation of the issue, both in terms of the Insolvency Court, which decides on insolvency proposals from the perspective of the legislature, trustee in bankruptcy, the creditor and the debtor. Given the scope of this study was important to examine the individual sub- problems of certain statutory provisions in detail. However, where they have been in practice for common problems and where there was confusion, there was given to wider attention to this issue. The work is complemented about judicial decisions, where are application problems practically interpreted.
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The issue of insolvency petition
Krumlová, Vendula ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Eligible insolvency petition is the only way how to initiate insolvency proceedings and therefore to achieve the highest and usually proportional satisfaction of creditors claims of the debtor. The quality of administered insolvency petitions according to actual statistics may not match the requirements set out by the Insolvency Act and the decision-making practice of the courts. Because of this fact, my goal was mainly to point out the repetitive mistakes, which are made by insolvency petitors in administation, to define the particulars of such petitions, and to provide the instruction how to give the eligible petition for consideration. My diploma thesis is divided into five chapters, where there is a gradual refinement of the requirements for insolvency petition. The first part includes basic definition of decline and impending bankruptcy when these institutions are a precondition for the commencement of insolvency proceedings and insolvency petitioner in its proposal must say that the debtor is insolvent, or that it may threaten him. The second chapter defines the decision of insolvency petition to be sure how the insolvency court may respond to such petitions, there is also a defined responsibility of insolvency petitioner for submission of undiscussed petition. The third chapter refers to...
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Liquidation of business corporations in the Czech republic
Ješutová, Tereza ; Vomáčková, Hana (advisor) ; Randáková, Monika (referee)
This thesis deals with the liquidation of business corporations in the Czech Republic. The whole course of the liquidation from voluntary decision itself to deletion from the Commercial Register is considered from the financial, tax and legal perspective. There are descripted the duties and rights of the liquidator and the possibility of transition from liquidation in insolvency proceedings. The findings are in the practical part demonstrated on concrete examples selected from the Commercial Register.
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Resolving of insolvency of business corporations trough bankruptcy
Marková, Martina ; Civínová, Denisa (advisor) ; Klára, Klára (referee)
The presented thesis tries to introduce the reader to the course of the insolvency proceedings, especially in bankruptcy proceedings. The theoretical part mainly discussed about the meaning and history of this institute, further aspects necessary for the commencement of insolvency proceedings and then there is described in more concise form the additional course up to the decision on the debtors bankruptcy. Subsequently, the author deals with the consequent procedure in cases where the debtors bankruptcy is solved by bankruptcy. Describes the course, focusing primarily on the sale of the debtors property and its subsequent allocation among the creditors until its conclusion, which is the submission of the final report by the insolvency administrator of the court, its subsequent approval and distribution schedule. In the practical part of the thesis the theoretical knowledge mentioned above is applied to the selected insolvency case of business corporation. In this part there are also pointed some potential problems and complexities that arose in this case. There is also described and analyzed the entire insolvency proceedings from filing an insolvency petition to the preparation of the final report by the insolvency administrator, that is the stage where the proceedings took place on the date of submission of this work. Furthermore, the author discusses the development and the number of insolvency proceedings in our country since 2008 when the new legislation of this institute came into force. On the same principle, the author also deals with the analysis of the most common types of obligations of business corporations.
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Informační systém pro insolvenční řízení
Jelínek, Lukáš
The master´s thesis pays attention to the information system dealing with the procession of insolvency proposals. This requirement originated in the terms and conditions of the prepared amendment to the act on insolvency. The first part analyses the existing system of procession. The demands for the information system are formulated based on the foundout facts. The second part describes the proposed solution by means of charts depicting examples of use, and a process and checking chart processed in the Enterprise Architect programme. The third part includes a description of the information system implementation. The information system has been programmed by means of the PHP scripting language using the Nette framework and the MySQL database. The FPDF and FPDL libraries were used to generate the insolvency proposal in PDF. This system respects the valid legislation, facilitating the work and saving the costs related to the procession of insolvency proposals.
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