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This article examines the institute of the creditors’ committee in insolvency proceedings. When evaluating the experience of foreign countries in regulating this institute and solving problems arising from the respective regulation, the legal regulation of this institute and the peculiarities of the application of these provisions are analyzed and evaluated.

Cílem tohoto příspěvku je analýza problematiky uspokojení pohledávky zajištěného věřitele po rozhodnutí o splnění oddlužení v insolvenčním řízení. Využití právní možnosti zajištěného věřitele domáhat se uspokojení zajištěné pohledávky z předmětu zajištění je v praxi spíše ojedinělé, neboť většina držitelů pohledávek akcentuje rychlé a efektivní zpeněžení zástavy za účelem získání likvidity v co nejkratší době. Příspěvek řeší i další možnosti řešení dané problematiky. The aim of this paper is to analyze the issue of satisfaction of the secured creditor's claim after the decision to meet the debt relief in the insolvency proceedings. The use of the legal option of the secured creditor to demand satisfaction of the secured receivable from the subject of collateral is rather rare in practice, as most receivables accepts the quick and effective monetization of the collateral in order to obtain liquidity in the shortest possible time. The paper also addresses other options for solving the problem.

Globalization, as a response to the accelerated developments in recent decades, has shifted the world economy to a direction in which the adaptation to uncertainty conditions has been one of the most important manifestations of rational behavior. Human activity has always been subject to risks and uncertainty, and environmental pressure naturally generates selection and adaptation. The risk profile analysis in insolvency proceedings, as an indicator of managerial and financial health, represents a challenge to complement the gaps in the literature, given the limited studies in the field, compared to the bibliography in the field of risk management, for the companies in the economic circuit. This topic is of major importance for all business environments, having in view the disasters generated by economic crises on companies. In terms of judicial reorganization and insolvency proceedings, the situation in Romania proves to be different from the practices in the countries with tradition in this field and we are referring here to the USA, Germany and France. Comparative studies have indicated dysfunctions in the reorganization procedures in Romania, related to the lack of a coercive system to remove the insolvency debtors from the economic circuit, and the lack of models for analyzing the reorganization capacity of companies in insolvency proceedings. Regarding a possible reorganization of a company, creditors do not have approved analysis models in order to vote on reorganization plans and most of the time, at least as far as public creditors are concerned, their vote is negative and unfounded. The purpose of this research is to generate a model of internal risk analysis specific to the companies undergoing insolvency proceedings and of external risks related to the activity sector, a model able to predict the possibility of reorganizing a company undergoing insolvency proceedings. The main tool used is the interview, conducted on a sample of insolvency experts in Romania, with an average experience of approx. 10-20 years in insolvency and reorganization activities. Based on the analysis of the obtained results, we will refine and restructure a model, and then we will test it on a sample of companies undergoing insolvency proceedings.

Business sustainability refers to economic sustainability performance that promotes profitability and to non-financial sustainability that may or may not create profitability. This paper concentrates on the relation between business sustainability and insolvency proceedings by asking what role business sustainability plays when choosing between restructuring (rescue) and liquidation proceedings. This choice is based on two tests: a viability test and a best interest of creditors test, the latter meaning that no dissenting creditor should be worse off in restructuring than in liquidation proceedings. In addition, the paper asks what role business sustainability plays when making the choice between restructuring and liquidation and what the consequences of this choice are for business sustainability elements. In addition, the paper asks who the stakeholders for business sustainability are in insolvency situations. The finding of the study is that creditor interest should be better balanced with non-financial sustainability, but with the requirement that creditors know the risks beforehand and are able to protect their interests, for example, through securities. Regarding environmental hazards, the paper suggests a “super responsibility” of bankruptcy estates to handle environmental problems, according to the precedent of the Canadian Supreme Court.

The theme of this thesis is the legal status of creditors in insolvency proceedings.The following thesis is divided into theoretical and practical part. The first chapter defines its objectives and methodical approach, the second one deals with the regulation of insolvency law, the third with creditors and the fourth chapter focuses on bankruptcy and its resolutions. The fifth chapter presents a case study which forms the practical part of the diploma thesis. Within this practical part, attention is paid to the case study of a company that found itself in bankruptcy and insolvency proceedings. Emphasis is put on creditors and their legal status and competencies.

This thesis compares satisfaction of creditors with different ways of resolving debtors' bankruptcy. It describes different ways of resolving bankruptcy and uses specific data to analyse and compare level of creditor's satisfaction with the way bankruptcy was resolved. The thesis consists of two parts - theoretical and practical. Theoretical part describes historical development of bankruptcy law, defines basic terms, procedural subjects of insolvency proceedings, and outlines particular ways of solving bankruptcy. Practical part of the thesis describes a chosen company, analyses and compares bankruptcy data of debtors and provides recommendation for creditor based on results.

Filing and settling of claims in insolvency proceedings Abstract The aim of the thesis was to provide a comprehensive picture of the two mutually interconnected topics: (i) classification of claims from the perspective of insolvency proceedings and (ii) filing and settling of claims in insolvency proceedings. Bankruptcy has always accompanied human societies from its very beginnings when people began to exchange goods and provide services. The importance of regulation of bankruptcy is even up with growing trade exchange. The matter stays in focus of lawyers in Czech Republic because the related case law is constantly evolving, which provides the legislator with useful inputs for amendments of the statute law. The source of the amendments of the statute law is also a change in social conditions and recent public policy efforts to make debt releaf and exemption from remaining debts admissible for poor debtors. The 1st part of the thesis is a theoretical introduction focused on the nature of insolvency proceedings (including comparison with general individual civil proceedings), subjects in insolvency proceedings and legal principles governing this procedure. In the 2nd part, I analyzed the classification of claims as the insolvency statute law distinguish them, especially with regards to determination of the...

Registration of claims in insolvency proceedings Abstract In the financial world it is not uncommon for debtors to find themselves in a situation of being insolvent and unable to fulfill their obligations to creditors. Insolvency proceedings were created to resolve such a situation, enabling the creditors to have their claims registered and satisfied en masse (collectively). However, the registration of claims is a complex process consisting of several phases, namely the registration of claims stricto sensu, their verification and satisfaction. Proper understanding of each of its individual aspects is crucial for the creditors. However, constant changes by the legislator to the rules of this process make it difficult for creditors to understand them. The newest changes to the "rules of the game" are a result of two acts by which the Act No. 182/2006 Coll., on insolvency and its resolution (insolvency act) was amended and which came into effect in 2017. The amendments brought a number of changes, but changes to the registration of claims occurred mainly in the verification of filed claims, the status of claims registered by the homeowner association and in the filing of contingent and future secured claims. The most significant change brought about by one of these amendments is the disuse of the verification...

The status of creditor in insolvency proceedings Abstract The subject of the diploma thesis is "The status of creditor in insolvency proceedings." The purpose of this thesis is to provide a comprehensive view on the status of creditor in insolvency proceedings according to the Act No. 182/2006 Coll., (The Insolvency Act), in particular with regard to the issue of raising claims and settlement in insolvency proceedings. One of the item of focus is also participation of creditor in creditor bodies, especially at meeting of creditors and creditors' committee. The principal sources of this work are current laws, relevant literature and also current domestic case law. This thesis is divided into six main chapters, which are further divided into a particular subchapters. The first chapter presents an introduction to subject of matter. This chapter deals generally with the concept of insolvency proceeding, its subject, purpose of insolvency proceedings and the basic principles of insolvency proceedings as well. The second chapter deals with the concept of the creditor, both from the point of the view of the civil substantive law and the civil procedural law. This chapter briefly explains the concept of the individuals and participants in insolvency proceedings. The third chapter focuses on creditor bodies which...

This dissertation is focused on legislation of reorganization and using informations from theoretical part in example from practice. Analysis of statistics of insolvency proceedings is embodied in practical part.

The aim of rigorosum thesis is to give an analysis of the various institutes of insolvency law with a focus on the creditor and the procedural steps in the insolvency proceedings, accompanied by a comparison method, case law, the views presented in technical writing, knowledge of practical life creditors and critical evaluation of problematic issues applicable legislation. The result of the work should be comprehensive methodology of conducting the creditors during the insolvency proceedings, from its opening to the moment when the insolvency proceedings on procedural grounds built for sure that the creditor's receivable is determined and the lender will be satisfied with any of the bankruptcy. The work is divided into seven chapters, each chapter reflects significant legal field relating to creditors and their claims. The introductory part is rather theoretical focus, especially on the subject of insolvency proceedings, bankruptcy legislation and its development rights, the principles on which the insolvency proceedings is, definition of debt as contract law and a person lender. Another chapter discusses the course of bankruptcy proceedings, from its launch until the bankruptcy court decides whether the debtor's bankruptcy or not qualified. Among other things, the chapter also explains the meaning of...

The topic of my thesis is the study of creditor status during insolvency proceedings. My objective is to provide a description of the current legal regulations of creditors and their receivables in insolvency proceedings with a focus on specific problems that may arise during the process of the collection of receivables during insolvency proceedings. I also refer to various principal court decisions dealing with these issues. The aim of this thesis is not to present a comprehensive description of all creditor related issues, but to provide a general summary of the relevant processes and to present the most common practical problems and their solutions.

Insolvency proceeding and liquidation of bankrupt companies are important topics in days of economic slowdown which affected all economies after financial crisis. This paper aims to find main differences between insolvency proceedings in the countries of Visegrad four. The main goal is to describe insolvency law in member countries and then to compare it from the poin of view of main actors. This comparison can help to find which changes and ideas could be applied to improve and make more effective the Czech insolvency system. The countries of Visegrad four was selected because of their common history and similar economic development. First of all, the legal background of insolvency proceedings which is possible for legal entities in these countries is examined. Then this paper deals with insolvency proceedings from the point of view of their participants - creditors, debtors and insolvency administrator. We have found that insolvency proceedings in these countries are very similar but there is still some inspiration for the Czech insolvency system.

The topic of this thesis is bankruptcy as a form of insolvency solution with a practical example of company Z plus M TRADING Ltd. The goal of the thesis is to describe the gist of bankruptcy proceedings and describe the changes in Czech insolvency law that took place with the introduction of the new Civil Code effective from 1 January 2014. The thesis is divided into six chapters. It provides information on history of insolvency, bankruptcy proceedings or provides statistics on insolvency proceedings. The gathered information is then applied to a specific example of a company in bankruptcy.

This thesis deals with insolvency crimes. The aim of this thesis is to evaluate the adequacy of the legal provisions of the Criminal Code. Examined criterion is to confirm or refute the hypothesis that the criminal law should be used as a tool to sanction very serious crimes. The work is divided into four chapters. The first chapter describes the basic concepts of substantive criminal law. The second chapter focuses on the interpretation of terms related to insolvency crimes. The third chapter deals with individual bankruptcy crimes. The fourth chapter deals with bankruptcy crime committed on the territory of the Czech Republic, the end of the chapter is devoted to the evaluation of the adequacy of the legislation.

In the current economic situation is decline frequently very well-known term. For many corporate and individual person is a condition that frightening them very often (on every single step). Nowadays more and more people consider this term is almost an insult. And for a while i decided to analyze this problem and possibilities of solution and described it in detail. Author devoted to different options of resolve decline. This unflattering situation affects first of all debtor. He must accept these unpleasant action in his life. In considerable percentage of decline debtor is losing his movable and immovable property. From the other side, there is affected considerably by the creditors.

The theme of the rigorous thesis is The Status of Creditors in insolvency proceedings. The aim of the thesis is to provide comprehensive analysis creditor's rights and duties during insolvency proceedings. The most important aim is comparation last legal regulation with new legal regulation status of creditors in insolvency proceedings. The legal regulation is edited mainly The Act No. 182/2006 Coll., The Insolvency Act. The thesis is divided into nine chapters. Each chapter is also divided into particular subchapters.The first two chapters are dedicated to a general introduction to the insolvency law and historical development of insolvency law, including the reasons of redefinition the last law by the new Insolvency Act. Chapter number three contains the participation of creditors. There is a definition bankruptcy and types of bankruptcy further in the text. Subchapters 3.3 and 3.4 defines insolvency petition, which comes from debtors or creditors. Subchapter 3.5 subscribe requisites application claims. Subchapter 3.8 contains the ways of avert bankruptcy, for example moratorium. There are creditors bodies in chapter number four. Main creditors bodies are Meeting of creditors and Creditors committee. These bodies seriously affect insolvency proceedings. Chapter number five tells us about...

The Master's Thesis is focused on the problem of securing an operational cash flow for maintaining entrepreneurship activities of organizations that enter into insolvency proceedings because of their insolvency or excessive indebtedness. This issue is addressed by the insolvency law through a new institute of debtor-in-possession financing which is a part of the main purpose of this law to assist companies that have a certain economic potential to create value added in the future prospect. The issue is with obtaining such post-petition financing because there is not many banking or non-banking institutions that would provide this high-risk financing. From the above-mentioned reason, an idea has been developed with the cooperation of Česká Spořitelna a.s. to create a new credit product provided by the banking institution for the Czech financial market. The assessment of rationality, effectiveness, and recoverability, as well as the proposal of standards and requirements for completion of contracts and their structure about debtor-in-possession financing are compiled in the Master's Thesis.

The theme of my graduation thesis is "The Status of Bankruptcy Creditors in Insolvency Proceedings according to the Act No. 182/2006 Coll., (The Insolvency Act)". The purpose of my thesis is to provide a comprehensive analysis aimed at creditor's rights and duties during insolvency proceedings, with a special attention focused on selected topics. One of my goals is to highlight the big progress of creditors achieved with the new legal regulation. I also concern myself with those provisions of The Insolvency Act, which from my perspective offer an ambiguous interpretation. Therefore application of these provisions may cause problematic situation difficult to be resolved. The thesis is structured into seven chapters. The first two parts are dedicated to a general introduction to the insolvency law with an accent to basic legal principles and institutes of insolvency proceedings. We find there also a brief historical overview of insolvency in Czech Republic as well as general aspects of replacing The Act No. 328/1991 Coll., on bankruptcy and settlement (The Bankruptcy and Settlement Act) with a new Insolvency Act. In Chapter 3, I describe the basic creditor's instruments they can use in order to impact the effectiveness of their claims satisfaction mentioning also one of the bankruptcy conditions which is the...

The topic of the bachelor's thesis is the dissolution of a company. The main aim of the thesis is the evaluation of the use of the Insolvency act No 182/2006 Coll., about bankruptcy and the ways of its solution. In the bachelor's thesis I'm going to concentrate on the final stage of the life of the company -- its demise and dissolution. In the theoretical part I describe all stages of the life of the company, its crisis and redevelopment, insolvency proceedings, their stages and subjects. In the theoretical part I also describe the ways of solution bankruptcy. The aim of the practical part is to describe the evaluation of the insolvency proceedings of the Odevni podnik Prostejov, a.s. In the practical part I also describe the possible reasons of the problem, its solution and the present situation in the company. In conclusion I evaluate the use of the Insolvency act on the basis of the insolvency proceedings of the Odevni podnik Prostejov, a.s

The work "Financial Analysis of companies undergoing bankruptcy later" deals with the issue of bankruptcy debtor. It analyzes the situation where the company gets into financial distress and financial analysis examines indicators that best represent the financial situation and the impending decline. It continous with bankruptcy and insolvency of the debtor, and these two parts solves from both a legal and from an accounting perspective. Both parts are supplemented by short illustrative examples, which should help clarify emerging issues. In the practical part a three companies were selected, which are currently in bankruptcy proceedings. In these were applied selected indicators from the first chapter and last part describes various bankruptcy proceedings.

The main topic of this thesis is the course of insolvency proceedings pending under Insolvency Act and the aim is to compare the actual ongoing insolvency proceedings in practice with the theory. In the beginning of thesis are defined the basic terms which can be appeared during the insolvency proceedings. Subsequently, there is theoretically demonstrated the course of insolvency proceedings from the start through the decision on bankruptcy to the ways of resolving insolvency. The following section discusses the economic impacts of the debtor and his creditors. The aim of practical part is demonstrating the application of insolvency law in practice using by the real insolvency proceedings with EQUUS Company Ltd.

The subject of thesis is "The position of the creditors in the insolvency proceedings". The purpose of my thesis is not only to bring the position of creditors as individuals or as part of the creditor body, but also notice the significant changes which the bankruptcy law was amended. These changes especially strengthened the status of creditors in exercise of claim in insolvency proceedings and in the control of procedure. The thesis is composed of five chapters, each of them are divided to parts, which attend to particular theme. The first chapter is the introduction of its own rules of insolvency law. The second chapter examines the participation of creditors in insolvency proceedings, especially in view of the statutory condition - multiplicity of creditors in the part 2.1. Following the part 2.2 approximates the beginning of the insolvency proceedings then the notice of insolvency proposal. In this chapter also made an excursion to the provisions about the moratorium, which ensures the protection of the debtor. Part 2.3 is concerned with exercise of claims and on the grounds of that with their dividing. Part 2.4 deals with the problem deliberation and negation of claims. The last part 2.5 is address to incidental disputes and incidental action. The third chapter is divided into two parts that...

The main aim of my thesis is to describe in detail the whole way creditor must go from petition to open insolvency proceedings to satisfaction of the claim and bankruptcy annulment.

The topic of the bachelor's thesis is application of the new Insolvency Act No. 182/2006 Coll, as subsequently amended, which is a crucial contribution to the Czech insolvency law offering new ways of settling debtor's bankruptcy. I point out the differences between the currently effective Insolvency Act and the preceding Act No. 328/1991 Coll, about bankrupcy and liquidation, as subsequently amended. In the theoretical part I describe the most important features of a insolvency proceeding and also the process and the possible ways of setlling bankruptcy. The aim of the empirical part is then to describe and evaluate the solving of the situation during the insolvency proceeding of the Odevni podnik Prostejov, a.s. in 2010 up to the present day, with the use of the new Insolvency Act.

The bachelor thesis deals with the insolvency proceedings and mainly with the assets that play an important role in solving the insolvency of a debtor. The aim of this thesis is to provide comprehensive overview regarding the assets that will be used to discharge claims of the creditors and to inform about the range, the content and the way of disposal of the assets in the course of the proceedings. Furthermore, the thesis considers the possibilities of realizing the assets and satisfaction of creditors' claims from the profits of the realisation. For better apprehension the thesis includes also the exemplification and samples of practice of the courts.

On 1st of January 2008 new Insolvency Act took an effect which have replaced the original Bankruptcy and Composition Law. New update should intencify the competence of the Creditor. And at this subject - their position in the Insolvency Proceedings this essay is concerned with. First part defines basic conception which comes with the new update, Accounts Receivables and Provisions for Bad and Doubtful Debts. In the next items is mentioned which demand is possible to meet during the Insolvency Proceedings; the way how Creditor assests his debt to the Creditor at the Insolvency and the form of Accounting audit.