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Position of spouses in insolvency proceedings
Tesařová, Nikola ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This diploma thesis describes the main specifics of position of spouses in insolvency proceedings, which is recently more and more relevant, but there is a lot of application and interpretation ambiguilties, which are related with this topic. This problem is by degrees solved by case law. The content of the diploma thesis is divided into four chapters. In the first chapter, the author gives a brief description of the history of the insolvency proceedings. The author's attention is paid especially to the regulation, which preceded the force of the Act. No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency and its solution modes (Insolvency Act) and Act No. 312/2006 Coll., on insolvency administrators. The emphasis is placed on the three ways of discharge of debts, which were possible for spouses in that time. The second chapter, defines terms, that are closely related to the topic and are necessary for further treatise of insolvency proceedings. These are marriage, common property of the spouses, insolvency proceedings and its solution modes. The third and also the main chapter of the whole work is devoted to discharge of debts of spouses. It is a relatively new institute, which was regulated by the Act No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency...
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Position of spouses in insolvency proceedings
Syllaba, Ondřej ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis discusses insolvency proceedings regarding an insolvency of one or both spouses. The author aims to explain problems occurring during such insolvency proceedings. The thesis is not limited to a description of these procedural peculiarities, but also discusses their impact on the matrimonial property. The author addresses above all a debt discharge and a bankruptcy, for these are the most frequent mechanisms to resolve an insolvency of the debtor. On the contrary the author does not address the reorganization, for it is not very frequently used in practise. Furthermore, the author does not address a position of legal persons in insolvency proceedings, since it is not of any importance for this thesis. The author only describes the current legislation as it is. The author therefore neither discusses legislation and court rulings prior the 2013 insolvency act revision, nor considers the revision of the insolvency law that is currently (2017) under way. The thesis is divided into four chapters. In the first chapter, the author briefly discusses matrimonial property law, since it is essential in order to understand legal arguments in the third and fourth chapter of this thesis. Similarly in the second chapter the author briefly introduces insolvency proceedings and establishes essential...
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Position of spouses in insolvency proceedings
Hašová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this thesis is to describe and bring the issue of the position of spouses in insolvency proceedings to the reader. In last few years this issue has become more and more relevant and brought a lot of questions and problems to case law but also to the legislation that deals with it. The thesis is divided into three chapters. Chapter One introduces the basic terminology used in the thesis to the reader in order to help him or her understand issues presented later. The definitions of following concepts may be found in this chapter: insolvency proceedings, insolvency and its solution modes, marriage, common property of spouses and the estate in insolvency proceedings. Chapter Two deals with the discharge of the debts of spouses which represents the new legal institute adopted by Act No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency and its solution modes (Insolvency Act) and Act No. 312/2006 Coll., on insolvency administrators (hereinafter referred to as "revising amendment"). The first subchapter briefly illustrates the previous legislation so the reader can compare the differences and note the changes brought by the revising amendment. The following subchapters describe the whole process of discharge of the debts step by step concentrating on the specifics of...
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Common debt discharge procedure of spouses
Blažej, Petr ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The thesis analyzes institute of common debt discharge procedure of spouses. The whole procedure of debt discharge by highlighting the specifics of the debt discharge procedure of the community property is described. The thesis defines requirements of insolvency petition and the petition for permission of debt discharge. Attention is also paid to the conditions of admissibility of debt discharge, therefore the issue of (in)admissibility of debt discharge for entrepreneurs, assessment of bad faith and the minimum legal threshold of 30 % satisfaction of creditors' claims. The thesis also describes legislative changes that came into the force in 1st January 2014, namely the revision amendment of Insolvency Act and new Civil Code Act. Attention is also paid to issue of forum shopping and comparison of Slovak and Czech legal regulation of debt discharge procedure.
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Discharge of spouses from debts
Singerová, Markéta ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
On the 1st of January 2008, Act. No. 182/2006 Coll. on Bankruptcy and its Settlement Method (Insolvency Act), came into force, and serves as the current bankruptcy legislation in the Czech Republic. This act introduced a new institute to Czech law, the institute of debt relief, the only remedial way of resolving bankruptcy. This thesis is focused on the detailed analysis of the institute of debt relief, mainly on the joint debt relief of spouses that was introduced to Czech Law by the established practice of the court instead of legislation. The main objective of this thesis is to describe the institute of joint debt relief of spouses which will be preceded by a general introduction to the statutory regulation of debt relief. This thesis consists of six chapters; the first one depicts the most important historical milestones of the evolution of bankruptcy law in the Czech Republic up until the adoption of the aforementioned Insolvency Act, which is still valid and effective to this date. The next chapter analyses the most important condition for insolvency proceedings in the author's opinion, which is the debtor's insolvency and its establishment by the insolvency court, followed by the third chapter that concisely and clearly summarizes all possible options to resolve the insolvency under the...
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The institution of discharge with regard to a revising amendment of the Insolvency Act
Taterová, Pavla ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this thesis is to put an interpretation on the institution of discharge with regard to an approval of the Act No. 294/2013 Coll., which changes the Act No. 182/2006 Coll., on decline and its solution strategies (Insolvency Act) and the Act No. 312/2006 Coll., on insolvency administrators (hereinafter referred to as "revising amendment"), to compare the amendment before and after its taking effect, with a main focus on discharge for entrepreneurs and individuals whose debts come from entrepreneurship, and on discharge for spouses. The thesis is divided into five chapters. The first chapter sums up the development of insolvency proceedings and insolvency law from Roman times to the present day. Thanks to this overview, the reader can see that insolvency proceedings and insolvency law are not only contemporary issues and owing to this, we are also able to map the development which led to the Insolvency Act as it stands. The main topic of the second chapter is decline and its solution strategies. As to the decline, I describe its two basic alternatives, insolvency and over-indebtedness. I mention also the imminent decline, which is followed by division of decline solution strategies into rehabilitation and liquidation, offering a brief specification of each of them. The whole third chapter...
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Discharge from debts focusing on discharge from debts for spouses
Sedláčková, Magdalena ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis is to analyze the institute discharge of the debt as the way of solution of bankruptcy according to Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The thesis concerns all the phases of the process of discharge of the debt, from the proposal of permission of the discharge of the debt until its accomplishment. The thesis focuses on relevant legal regulation and case law. I also present the institute of discharge of debt of husband and wife which is quite often used without any legal support. The thesis is divided into five chapters. The Chapter One deals with the proposal of permission of the discharge of the debt. It examines particularly the subjects who are authorized to submit it and possible decisions of the court including the reasons for its dismissal. In the next Chapter I investigate two possible ways of discharge of the debt, the liquidation of the debtor's assets and monthly payment of a specific amount. For each type the affected assets and advantages and drawbacks for the debtor are described. The possibility for creditors to vote about type of discharge of the debt is also discussed. The Chapter Three relates to the decision of approval of discharge of the debt which has specific essentials and effects and means a lot of duties for the...
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Common Debt Relief of Spouses
ČERNÝ, Daniel
This bachelor thesis deals with debt relief, which is one of the manners of bankruptcy solution. Debt relief helps persons, who are unable to repay their liabilities and their debts to solve their situation. Personal bankruptcy was added to the Czech law system in 2008. The main part of this work is focused on the issue of common debt relief of spouses. Unlike other individual proceedings it is unique in the fact that there are two debtors. Both spouses are together responsible to the full amount of the debts without having any consequent regression. This work analyzes current situation of chosen real spouses. It tries to find the possible solution, how will be their case solved. It also analyzes the situation when they get divorced, have another child or lose job, what is changing in relation to common debt relief of spouses. In the last part of this work is a description of how simply fill in a proposal for permission of common debt relief of spouses.
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Oddlužení jako způsob řešení úpadku
Minaříková, Petra ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The Bachelor's thesis deals with the discharge of debts of a natural person which is governed by the Act No.182/2006 Coll., on Insolvency and Methods of Resolution (the Insolvency Act) and that came into force on January 1st 2008. The aim of this thesis is to provide a fundamental analysis of this non-eliminative method of resolving insolvency and the underlying issues are illustrated by the rulings of the high courts and the Supreme Court of the Czech Republic. The last chapter is devoted to the collective debt relief of the husband and wife, whose bankruptcy estate belongs to community property; this issue is practically created by the practice of the insolvency courts, because the Insolvency Act does not introduce it.
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