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Changes in Debt Relief Self-Employed Persons after Amendment to the Insolvency Act
VONDŘEJC, Tomáš
The bachelor thesis describes the main changes in debt relief after the amendment of Insolvency Act No. 31/2019 Coll, which is effective from the 1st of June 2019, amending Act No. 182/2006 Coll., Bankruptcy and the Methods of its Resolution. The thesis provides basic information on insolvency proceedings, the historical development of the Insolvency Act, the characteristics of debt relief, bankruptcy and reorganization. Another part of the thesis also deals with the amendment to the Insolvency Act, which aims to alleviation the negative consequences of the covid-19 pandemic on the economic situation of citizens and self-employed persons. The practical part detects the view of amendment No. 31/2019 Coll., from insolvency administrators and judges of the insolvency section of the Regional Court in České Budějovice and evaluates the results with predetermined hypotheses.
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Zero Discharge in Debt - the Pluses and Minuses and a Comparison with the Previous Adaptation
ŠÍTALOVÁ, Sára
The bachelor thesis deals with current amendment of the Insolvency Act, which started to be in force on 1. 6. 2019. The amendment changes conditions in admission and the process of the discharge in debt. The theoretical part deals with comparison of the discharge in debt after the debt relief amendment with the previous adaptation. Based on the described changes, the pluses and minuses are evaluated. The practical part contains an analysis of data gained from the insolvency register. It compares the amount of applications to the discharge in debt and the success rate of the unsecured creditors before and after the amendment.
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Discharge of debts of self-employed persons in the perspective of latest changes
SMUTNÍKOVÁ, Kristýna
The bachelor thesis is focused on the institute of debts relief, which is one of the possible way used for solving econo-mic failure of self-employed persons. This method of sanitation of self-employed persons is permitted from 1. 1. 2014 by law. Text reflects the changes following the amendment of the Insolvency Act from 1. 6. 2019 (Act 31/2019 Coll.). Work analyses the trend of insolvency proposals (according to the regions and individual economic activities of CZ-NACE), satisfaction of creditors, accomplished and cancelled debt relief. Thesis examines the influence of self-employed persons on the Czech economy. It identifies the importance and need of these persons for the efficiency of the country and their return to healthy economic life. Bachelor thesis also shows detailed algorithm for calculation of repayments in discharge of debts.
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Proposal for Insolvency Act ammendments in order to establish equality status of creditors in the process of personal banktruptcy through debts charge off
Prasková, Zuzana ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Title: Proposal for Insolvency Act amendments in order to establish equality status of creditors in the process od personal bankruptcy through debts charge off Thesis summary: The purpose of my thesis is to describe the new form of personal bankruptcy through debts charge off and point out some weaknesses of the current legislation together with some proposals how to deal with them. The reasons that led me to choose this topic are i) new legislation of Insolvency Act which is effective from January 1st 2008, and ii) my practical experience with insolvency proceedings. The thesis composes from eleven chapters where each of them deals with particular phase of the process. Prior to the chapters there is an Introduction which describes the aim of the thesis, reasons for this specific topic and explanations of basic legislation related to personal bankruptcy. Chapter One focuses on origination of the insolvency law in the territory of The Czech Republic and is divided into three subchapters. The first subchapter focuses on the development of insolvency law before the origination of Czechoslovakia, the second subchapter describes changes in the insolvency law from 1918 and the last subchapter deals with the former Bankruptcy Act. Chapter Two clarifies basic changes that were introduced by the Insolvency Act and...
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Financial literacy
Stárková, Zuzana ; Krahulcová, Beáta (advisor) ; Zelinková, Olga (referee)
STÁRKOVÁ, Zuzana, Financial literacy, Prague, 2011. Zuzana Stárková - Charles University in Prague - Husitská teologická fakulta. Supervisor, Prof. PhDr. Beáta Krahulcová, CSc. Main Theme of the thesis is financial literacy, especially its level among the citizens of the Czech Republic. It concerns also with main consequences of insuffícient financial knowledge of Czech citizens nowadays. First part of the thesis deals with definition of financial literacy, its causes and consequences. Further, it covers social and psychological aspects of financial literacy. Last chapters are devoted to the topics of personal bankruptcy and insolvency act. The thesis is finished with a casuistry of an indebted family. Key words: Financial literacy, Financial education, Family finance, Banking, Indebtedness, Execution, Insolvency act, Social and legal counselling
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Reorganization
Delong, Arne ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
Reorganization Abstract The subject of this thesis is reorganization as one of conceivable means of resolving insolvency or imminent insolvency within the territory of the Czech Republic. The objective of the thesis is primarily to put this legal institute into the context of the Czech insolvency law and to provide its reader with an insight not only into the legal regulation encompassed in the Insolvency Act but also into all the topical issues that are currently surrounding reorganization. The first chapter acquaints the reader with the development of the Czech insolvency law, in particular with the process of adopting the Insolvency Act and the pivotal conceptual changes it introduced. Furthermore, the chapter revolves around external influences from abroad that have served the legislator as sources of inspiration and as a consequence of which have to a certain degree shaped the Czech insolvency law into its current form. Last but not least, this chapter deals with the legislation of the European Union which primarily governs insolvency proceedings that entail a cross-border element. The second chapter, which forms the main part of the thesis, provides a complex and thorough description of the regulation on reorganization which is contained in the Insolvency Act. At the same time, it provides a critical...
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Crisis management and the solution of a bankruptcy of a profitable sports club
Brožová, Ivona ; Ruda, Tomáš (advisor) ; Sup, Martin (referee)
Title: Crisis management and the solution of a bankruptcy of a profitable sports club Objectives: The main objective of this thesis is to propose general procedures of profitable sports clubs dealing with crisis and bankruptcy. Methods: This thesis is based on a qualitative research. Documents related to insolvency were analyzed, specifically act No. 182/2006 Coll., The Act of Bankruptcy and Ways of its Resolution (The Insolvency Act), as amended by subsequent regulations and publicly accessible insolvency proceedings in the insolvency register. Qualitative interviews with insolvency law specialists have been executed using the manual to make sure the thesis results are objective. Results: A general manual for entrepreneurs in profitable sports facilities was compiled by the analysis of necessary documents and based on the The Insolvency Act. The manual serves for times when a sports facility gets into financial problems resulting in insolvency proceedings. In some cases, an insolvency proposition has to be submitted, with regard to a potential responsibility of the statuary authorities or people in charge of financial obligations. At the same time, it is important to proceed with the property inventory/inventorying, to create a list of receivables and liabilities, and also a property and an...
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Secured Claims in Czech Insolvency Proceedings
Schwarz, Jaroslav ; Sedláček, Miroslav (referee)
102 Abstract: Secured Claims in Czech Insolvency Proceedings The topic of this thesis are the secured claims in the Czech insolvency proceedings. This topic has been chosen by the author primarily with regard to the importance of the secured, often institutional, creditor for the insolvency proceedings and, therefore, for the market of financing of the business units and for the economy as whole. The aim of this thesis is not a description of the security interests but analysis of chosen practical issues which are often spotted by creditors within the Czech insolvency proceedings. Where appropriate, the author drew his attention primarily to the going concern solution of the corporate debtor's insolvency. In the thesis the author repeatedly comes to an end that mainly in reorganization it is important for the creditors to actively protect their rights and think about potential proceedings strategy. The reason is that the reorganization offers wide possibilities to exercise totally different interests by the creditors. In the thesis the author demonstrates that in spite of many novelizations the insolvency law in many areas does not correspond to the general legal regulation of the security interest and suggests that this discrepancy is being dismissed as soon as possible. The author is convinced that with...
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Problems of the insolvency law in the practice of insolvency court
Šváb, Vojtěch ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Problems of the insolvency law in the practice of insolvency court Abstract This rigorous thesis deals with the Insolvency Act and the problems and uncertainties contained in it, which people working with it (especially insolvency courts) encounter in their practice. The rigorous thesis is divided into five main parts, four of which are further divided into chapters. The first part serves as a depiction of the long-term historical development of bankruptcy law, the beginnings of which can be found in Roman law. Emphasis is placed especially on the Bankruptcy and Settlement Act and the Insolvency Act and especially on the number of their amendments. The second part deals with the problematic provisions of the general part of the Insolvency Act and deals with the provisions describing the insolvency proceedings before the declaration of bankruptcy as well as the provisions that will apply during the entire insolvency proceedings. This part is therefore the most extensive. The following two parts are devoted to the special part of the Insolvency Act. The third part describes the imperfections of the bankruptcy solved by liquidation, of which, however, there aren't as many as in other parts of the Insolvency Act, a fact that the author connects to the history of bankruptcy law in the Czech Republic, in...
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Reorganization and its importance in Czech insolvency law
Marian, Daniel ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
v anglickém jazyce The subject of this thesis is reorganization as a method of resolving a debtor's insolvency or imminent insolvency pursuant to the Insolvency Act. This thesis analyses the current legal regulation on reorganization, evaluates the existing empirical studies and presents the results of its own empirical research into the reorganizations which were permitted in the years 2014 to 2017. This thesis also seeks to answer whether reorganization truly represents a rehabilitation process and whether it can be considered a basic method of resolving insolvency next to bankruptcy, as originally envisioned by the legislators whilst enacting the Insolvency Act. Furthermore, whether or not the so- called "Revision Amendment" had any positive effect on reorganizations is also researched. Last but not least, this thesis deals with reorganization from the perspective of de lege ferenda and its importance for Czech insolvency law. First of all, this thesis shows that reorganization is not a purely rehabilitative process but that it can also have liquidation effects. The classification of reorganization as a rehabilitation method of resolving bankruptcy is therefore inaccurate. Furthermore, it is shown that the Revision Amendment to the Insolvency Act does not have any significant positive practical...
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