|
|
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...
|
|
|
The process of monetization of assets in insollvency proceedings
Kňazovická, Miriama ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
This diploma thesis focuses on the process of monetization of property assets in insolvency proceedings. The assets are undoubtedly one of the fundamental institutes of insolvency proceedings as they serve to satisfy the debtor's creditors, thereby fulfilling the main purpose of the insolvency proceedings. The aim of this thesis is to acquaint the reader in detail with the process of monetization of assets with the use of valid legislation, professional publications related to the matter and numerous case-law. Also, the experience gained through practice in the insolvency trustee's office was used. The thesis mainly focuses on the assets monetization in bankruptcy proceedings as the most common and universal method of insolvency settlement. The basis for this thesis is made up by the Insolvency Act, as amended until 31 May 2019. The thesis is divided into seven chapters. The initial part of the thesis determines the general concept of the assets as well as a brief treatise on the activities carried out by insolvency trustee, especially those related to identifying and listing assets. In Chapter 3 herein the listing of the assets, procedure and conditions for discarding or excluding the property from it is being described. The thesis then continues with detailed description of the monetization...
|
|
|
Bankruptcy as a mode of resolving debtor's insolvency
Vaníček, Petr ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Bankruptcy as a mode of resolving debtor's insolvency Abstract The subject of this thesis is bankruptcy as a mode of resolving debtor's insolvency. Bankruptcy (sometimes also referred to as liquidation) is simply a mode of solving insolvency, which mainly deals with the realization of debtor's assets and is also a universal way of solving bankruptcy available to all debtors. Despite this, it is not paid a lot of attention lately, which is much more focused on remediation methods, such as reorganization and debt relief. This thesis gradually acquaints the reader with the legal regulation of the most important legal institutions related to bankruptcy and selected connected context, which usually have a major impact on bankruptcy process or can cause problems. The first chapter is devoted to a more detailed introduction into the world of bankruptcy and bankruptcy law in terms of its historical development. The second chapter describes the insolvency petition and the debtor's path to bankruptcy, a prior stage of the proceeding. Its inclusion was necessary due to the many interconnections of insolvency proceedings. Probably the most important part is concentrated in the third chapter, where the problematic parts of the effects that the declaration of bankruptcy causes in the sphere of the debtor and the mutual...
|
|
|
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...
|
|
|
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.
|
|
|
Insolvency practitioner – assets recognition and the realization of assets
Němeček, Lukáš ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The bachelor thesis is focused on the two main activities of an insolvency practitioner. First activity is called recognition of assets. In this part is defined what a recognition of assets contains. The following part describes the process of debtor's recognition of assets which conforms to the determined procedures. These steps lead to the result of the insolvency practitioner's activities -- an inventory of assets. The second activity of the insolvency practitioner is a realization of assets. This part describes a procedure which leads to the creditors satisfaction. The insolvency practitioner claims an appropriate reward for his work. The meaning of this thesis is to make proposals which could lead to more efficient activities of the insolvency practitioner and to the acceleration of insolvency proceedings process.
|
|
|
Debt relief in legislation and in practice
JANÁČIK, Rastislav
In bachelor thesis I deal with Institute of debt relief. I analyzed this legislation of debt relief. In the practical part, I managed to obtain statistical data related to the debt relief, and for 2008 and 2009. I got this information from the District court in Pilsen and Czech Budejovice. From provided the information I subsequently made between the District courts the comparison, both in terms of time and in terms of percentage. I also pointed out a practical example of the debtor, whose the debt relief takes the form of rescheduling and on the other hand the debtor, whose the debt relief takes the form realization of assets. Work also includes evaluation of regulatory proposals for debt relief and de lege ferenda.
|
|
|
The position of bankruptcy administrator in the bankruptcy proceedings
Šťastný, Tomáš ; Kotoučová, Jiřina (advisor) ; Kříž, Radim (referee)
The main objective of this diploma thesis is to outline the role and position of the bankruptcy administrator in the bankruptcy process. The role of the administrator is specified as a set of rights and obligations that the administrator has got according to the law in every part of the bankruptcy process. The insolvency law assigns administrative, surveying, finding and consulting duties to the administrator. The core of this thesis is a look at the position of the administrator in the liquidation bankruptcy. It means the process beginning with the appointing of the administrator and ending by the approval of the final report and the implementation of the paying timetable. Bonus chapters are devoted to other manners of the bankruptcy process, requirements for the administrator appointment and possibilities of the administrator rewarding.
|
guest ::
