Search

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...

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...

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...

The aim of this thesis is the definition of reorganization as a way of resolving insolvency in the Czech Republic according to the Act no. 182/2006, about bankruptcy and its solution (Insolvency Act). Theoretical and practical part is divided into basic thematic and logically interrelated units that provide a comprehensive description and information relating to the characteristics of basic terms, a description of the insolvency proceedings, the definition of reorganization, the establishment and implementation of the reorganization plan and the application of reorganization on the company Pilsen Steel s.r.o. The work is divided into theoretical and practical part. Descriptive and analytical methods are used to meet the objective of the thesis.

Thesis deals with reorganization. The goal is to identify its weaknesess as a form of bankrupcy solution, factors impending wider usage and suggest improvements. The first chapter is devoted to the legislation of reorganization effective from the 1st January of 2014 with reference to the changes brought by it. The second chapter aims to map existing practice. Thus, what is the position of reorganization as a form of bankrupcy solution. The initial impact of the amendment to the Insolvency Act will be evaluated on a basis of available statistics. The most important findings are summarized in the conclusion.

The thesis focuses on the insolvency proceedings, which were performed in the company MSV Metal Studénka, as a traditional Czech manufacturing company, which is engaged in the manufacturing of products for the railway, construction and automotive industries. The company got into insolvency in response to the economic crisis that hit the entire Euro-Atlantic region in 2008. Moreover, in 2008, the new Insolvency Act entered into force, it introduced new options how to solve bankruptcy in the Czech law, including a company reorganization controlled by its creditors. The thesis identifies and analyzes the main steps in the restoration process made by the crisis management, examines whether insolvency could be predicted even before the crisis, and compares the satisfaction of creditor groups in insolvency proceedings with the market average.

The reorganization process, which was introduced in 2008 under the Insolvency Act, is a relatively new element in our legal system. In insolvency law it represents the financial rehabilitation principle in solving the problem of corporate insolvency. This thesis deals with the specific case of reorganization of a company Technistone, a.s., the only manufacturer of engineered stone in Central Europe. I consider this topic highly relevant, since the advent of the global economic crisis of recent years, many companies faced a similar crisis as Technistone, a.s..

The main goal of this master's thesis is the analysis of benefits of the new legislation Insolveny Act with a focus fulfilling of planned effects and future development. The first chapters of this thesis are focused on the theoretical definition of resolving insolvency in the Insolvency act. The following chapters through analysis of statistical informations approaches the carrying capacity of the insolvency courts during development of bankruptcy law, including the interactions between the variables of the current insolvency proceedings. The last part of thesis assesses the content of the expected effects of Insolvency Act for the period of its effectiveness, pointing to deficiencies incurred and the actual conclusion suggests some recommendations and suggestions for future development.

The main objective of this work, except for clarifying the legislation which defines the process of reorganization under the Czech Insolvency Act 182/2006 as amended, is also to introduce a sample of allowed reorganizations from the perspective of selected economic and non-economic factors. The sample consists of all companies in which reorganization has been authorized by the court from 1.1.2008 to 31.12.2012. The fundamental factors of analysis are causes of default, the processes leading to the approval of reorganization, a way of ensuring operational funding, the duration of the reorganization, the methods of solution, the rate of satisfaction of creditors and others. The methods that were used in the analysis are analytical and descriptive, then evaluation method and comparison. The research was based on publicly available data of the reorganized companies located in the Insolvency register. According to the results it can be generally said that the reorganization is more favorable to creditors than bankruptcy, mainly due to higher rate of speed and satisfaction of creditors. However, the reorganization is not common way of resolving insolvency. For successful completion of the reorganization, directors should start insolvency process at a time when a company is only in a state of imminent bankruptcy. Also, an important aspect is realistic and well-prepared reorganization plan which should be sold to its creditors before deciding on the insolvency by the court. Debtor should have in his mind that just creditors are the crucial factor whether the whole reorganization process will be successful.

The aim of this thesis is to analyze both legislation relating to reorganization pursuant to Act No. 182/2006 Coll., Bankruptcy and Settlement (Insolvency Act), as amended, and reorganization from the economic perspective (e.g. the time needed to reorganize, the yield for the creditors compared to bankruptcy). The thesis also gives an analysis of the companies which were allowed reorganization by the court between 2008 and 2011. In the analysis the length of reorganization is identified, the size of turnover and number of employees are discovered, etc. The methods used in the thesis are mainly the descriptive analytical method, evaluation and comparison method. The main source of information was the data of the reorganized companies published in the insolvency register. The results of the analysis can lead to the conclusion that reorganization is better than bankruptcy for creditors, mainly because of its speed and the size of the yield, however, creditors must take some risks, which they should try to eliminate.

This bachelor thesis is devoted to the Act No. 182/2006 Coll. on Insolvency and its Resolution, which replaced the Law on Bankruptcy. Bachelor thesis deals primarily with corporate bankruptcy solution, especially case in corporation. The thesis is divided into a theoretical and practical part. In the theoretical section describes the most important aspects of the reorganization proceedings, from initiation through the reorganization plan to its completion. The individual parts are arranged chronologically and are supported by appropriate legal provisions. In the practical part is specified the case study of company CENTURION GROUP, SE, which is still ongoing reorganization. Based on the current economic situation the company will be most probably reorganization stopped and transferred to the bankruptcy.

This diploma thesis deals with the insolvency administrator. The objects of this work are mainly are the duties that insolvency administrator has to execute during the insolvency proceeding and the necessary requirements for the performance of the insolvency administrator's function. The objective of this work is to clarify the role of insolvency administrator in the particular phases of insolvency proceedings in general terms and the definition of his position and responsibilities in different types of insolvency proceedings. The aim of this work is also to analyze the assumptions that insolvency administrator must meet in order to obtain permission to perform the function of the insolvency administrator.

This paper prologuizes the explanation of bankruptcy, its causes of bankruptcy and entailments. It outlines a history and evolution of the insolvency law and the necessity to modify it in the Czech Republic. It describes nowadays law form of the insolvency act in the Czech republic. It focuses on the reasons of releasing new insolvency law as a tool for market clearing. It distinguishes the role, bahaviour, protection and motivations of the subjects (debtors and creditors) who acts in the free -- market economy. In other part of paper it shows new forms of solving tools for bankruptcy and insolvency -- resurrection as a formal way and reorganization and discharge from debts as an informal way. The practical part includes the progress of bankruptcy through the use of statistics and charts and it illustrates connections between bankruptcy and financial depression. It analyses the description of the concrete company. It examines the contributions and deficiencies of the insolvency law.

The thesis describes a contemporary insolvency proceeding in the Czech Republic that complies with the Insolvency Act. It deals concretely with a situation when it was already decided by a court about an existence of a debtor's bankruptcy. It describes individual ways of dealing with bankruptcy. It concentrates on a process of insolvency proceeding in Austria and Germany and briefly also on an European insolvency law. The practical part analyses a process of reorganization granting on an example of the company SCHOELLER LITVÍNOV, k. s.

The thesis summarizes the legislation of reorganization as a method of bankruptcy resolution. First of all, the historical development of bankruptcy law in our country is described, as well as the current legislation, established primarily by the Insolvency Act and other regulations. The economic reasons for reorganization implementation are analyzed subsequently and the very principles of the reorganization process are thoroughly examined. Various methods of unliquidated bankruptcy resolution in selected countries are briefly covered in the next section of the paper. Conclusion of the thesis highlights the most relevant information about reorganization and points out problematic situations, which may occur in connection with it.

In these days of worldwide economic recession it is more than important for coutry to have well working Bankruptcy law. In this bachelor theses I am trying to describe both Czech Inslovency act and Bosnian Bankruptcy act and to show basic differences between these acts.