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Institute of debt relief in the light of amendments of the Insolvency Act Abstract The rigorous thesis is aimed at a thorough analysis of the debt relief process from the perspective of a judicial assistant of an insolvency court judge, not only in theoretical but especially in practical terms. Individual chapters correspond to the systematisation of the Insolvency Act, while taking into account the shortcomings of the legislation that lead to interpretation or application difficulties in insolvency practice. A key role in this respect is played by case law, which further regulates and unifies some institutes, while contributing to the excessive formalism of judicial practice in other cases. The thesis is structured into seven chapters that provide a comprehensive view of the process of debt relief. The first one focuses on the basic principles, concepts and sources of legal regulation, including the so-called Lex Covid laws. Insolvency law is a very distinct branch that has undergone a really dynamic development in recent years. In this respect, a significant role was played primarily by the so-called debt relief amendment, which fundamentally redefined the conditions of debt relief in favour of debtors. The concept of chapters two to five corresponds to this. They take into account the continuous process...

The bachelor thesis deals with debt relief for non-business individuals. The indebtedness of Czech households is high and growing. If a debtor does not have the means to repay his or her outstanding liabilities, he or she can easily fall into a debt trap. For many of them, the only way out is debt relief, which is one of the options for resolving bankruptcy. For debtors, insolvency represents the chance of a new life without debt if they successfully go through the insolvency process. The bachelor thesis describes the issue of household debt, compares the development of the legal regulation of the insolvency law, explains the basic concepts of insolvency proceedings and describes the process of the insolvency process itself. The practical part focuses on the development of the number (and success rate) of personal bankruptcies, evaluation of the data obtained and testing of hypotheses. The aim of the work is to compare the development of the legal regulation of debt settlement, describe its course and evaluate the use of this insolvency instrument by consumers on the basis of data obtained directly from the insolvency register.

The presented work deals with the role of civil society in solving indebtedness with an emphasis on civil counselling. It captures civil society organizations as an important part of society that operates between the state, the market and individuals. It describes the development of the issue of indebtedness in the Czech Republic. It maps the emergence of citizen advice and the development of the way citizen advice in general and more specifically in the area of debt issues. It describes the main actors in the field of debt solutions who operate among civil society organizations from the point of view of civil advice.

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.

The diploma thesis deals with the impacts on the ethical and social level on individuals who are in the process of debt relief. The aim of this work was to analyze and describe these impacts, and based on the findings to suggest some solutions that could positively affect the debt relief process by key actors, including social workers, the state and the debtors themselves. The thesis also describes the social context together with debt issues and explains the basic framework of the institute of debt relief. The evaluation took place through qualitative research, in which the identified topics were subsequently reflected. Finally, some specific steps are formulated, on the basis of which the negative impacts associated with the insolvency process could be mitigated.

1 Debt relief amendment (Act No. 31/2019 Sb.) and its impact on the activities of the insolvency administrator - Abstract The thesis deals with the Debt relief amendment (Act No. 31/2019 Sb.) and its impact on the activities of insolvency administrators. This rigorous thesis is divided into introduction, nine chapters and a conclusion. The aim of this paper is to describe the fundamental changes that the debt relief amendment brought into the legislation concerning insolvency law, and to describe the impact of these changes to the activities of insolvency administrators in comparison with the previous regulation. Furthermore, the aim of the thesis is also to evaluate these changes and, eventually, to propose some changes de lege ferenda. In the first chapter, the terms "bankruptcy" and "debt relief" are analysed and the rehabilitative solution of bankruptcy of a debtor is specified, with emphasis on the institutions of release of the debtor from payment of the unpaid parts of their outstanding obligations, the extent of the right to dispose of the debtor's assets, the social dimension of debt relief and the honest intention of the debtor in comparison with the liquidation solution of solving debtor's bankruptcy. The second chapter is devoted to the legislative proceedings of adopting the debt relief...

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.

Discharge of debts - one financial rehabilitation solution for resolving insolvency Abstract Discharge of debts is one of the financial rehabilitation methods for resolving insolvency regulated through Act No 182/2006, on insolvency and the methods of its resolution (the Insolvency Act). It is today, not surprisingly, the most widely used instrument in the field of insolvency law and proceedings, and its essence is to achieve, under statutory conditions, the objective of satisfying at least part of the claims of creditors, and to obtain exemption from the obligation to pay the remaining receivables of those creditors. Meaning debt relief. Through the discharge of debts, typically for a natural person, legal protection from creditors is obtained for the duration of the proceedings and, ultimately, also the anticipated benefit in the form of debt relief. The motive for this paper is an effort to characterise discharge of debts in relation to legislation, its development, including through the most recent amendments, and also considering socio- economic reality, including consideration of the case law of insolvency courts and the Constitutional Court of the Czech Republic, professional publications and articles, yet also my own practical experience. This paper is split into two basic parts with concise...

Discharge of debt of a natural person Abstract Inability to repay debts is a long-term problem in the Czech Republic. This problem is exacerbated by the coronavirus epidemic SARS-CoV-2, as a result of which many people have lost their regular income. Especially for natural persons, an attractive solution to their unfavourable financial situation is the institute of discharge of debt. Its aspects are dealt with in this thesis. Through discharge of debt, the debtor can break free of the spiral of debt and return to active economic life. Recently, discharge of debt has undergone significant changes, which were introduced by the so-called Discharge of Debt Amendment and the so-called Lex Covid I and Lex Covid II. The Discharge of Debt Amendment aimed to make the discharge of debt available to a wider group of debtors. Lex Covid I and Lex Covid II were primarily intended to mitigate the adverse economic effects of measures against COVID-19. However, they also introduced permanent changes in the institute of discharge of debt. All these amendments have significantly simplified the conditions for discharge of debt in favour of debtors. However, they are associated with a number of issues that this thesis deals with from a theoretical and practical point of view. In addition, an amendment to the Insolvency Act,...

Entry into discharge Abstract The central theme of the rigorous work is the beginning of discharge, an institute that is one way of dealing with the debtor's bankruptcy. The institute of discharge and the entire insolvency law has undergone major changes in recent years, and the need to use this institute and make it accessible to the widest possible range of people is increasingly pointed out. The aim of the thesis is to discuss the institute of discharge as such with a focus on its beginning, ie entry into discharge. The work is focused on the phase of dicharge and everything that precedes it by debtors, the insolvency court and others. The thesis briefly discusses the history of discharge, the benefits and pitfalls of discharge and, last but not least, the entities that can use the discharge institute. The main topic is the entry into discharge, which is in the fourth chapter. The aim of this part of the work is to compare the legal regulation of insolvency law effective until 31 May 2019 and after the entry into force of the so-called Discharge Amendment, in the context of other amendments that were adopted after the entry into force of the Discharge Amendment. This part of the thesis answers the questions, what are the conditions for entering discharge, what steps the debtor must take to allow him to...

The aim of the diploma thesis is directed at the process of insolvency proceedings, in which the businessman acts as a debtor, or the so-called subject of insolvency proceedings. The theoretical part deals with the basic concepts, subjects of procedural proceedings and the insolvency process itself. It discusses ways of resolving the debtor's bankruptcy and does not omit significant recent changes in the insolvency law, nor historical developments in the field of insolvency. In the practical part, the insolvency register is a supporting source in data collection. For the purposes of the diploma thesis, we work with real subjects, ie. insolvent debtors. In the analysis of individual cases, the greatest emphasis is placed on the debt relief amendment No. 31/2019 Coll. IZ. The aim of the thesis is to analysis insolvency proceedings from the point of view of entry conditions of businessman in debt relief before and after a significant change in the Insolvency Act in 2019, evaluate the impact on businessman and find out whether the amendment generally contributed to streamlining insolvency proceedings.

Debts relief of natural persons - entrepreneurs The diploma thesis deals with the topic of discharge of debts relief of natural persons - entrepreneurs in the Czech legal system. The aim of the work is mainly to provide insight into the current regulation of debt relief for enterpreuners and to summarize the historical development of this institute. The diploma thesis is divided into an introduction, seven chapters and a conclusion. The first chapter deals with the general issue of debts in the Czech Republic and its reasons. The chapter emphasizes the two most common reasons for indebtedness of individuals in the Czech Republic, which are bank loans and non-bank loans. The second chapter defines the concept of bankruptcy and its conditions under the Insolvency Act. In this chapter, special attention is paid to rebuttable presumptions of bankruptcy and their fulfillment. In addition, this chapter also lists ways to deal with bankruptcies and briefly explains the differences between those. The third chapter deals in detail with debt relief as one of the ways to deal with bankruptcy. This chapter describes the individual phases of debt relief and also the methods of it according to current legislation. The fourth chapter contains the definition of the term entrepreneur according to the Civil Code. In...

This undergraduate thesis describes the role of social worker helping elder citizens in debt. The most common cause of debt for seniors is their will to help to close relatives. Senior citizens are often victims of scammers who force them to buy unnecessary goods. Seniors often do not realize their financial situation and they fall into debt. If a distrainor is involved, it is a race with time due to the risk of loss of property and real estates. There is a chance for a return to peaceful life thanks to the Insolvency law as their debts can be eliminated after a 3 year period. There are strict conditions to fulfill hence it is suitable to discuss the situation with social workers specialised in the field of debts.

A debtor's discharge can be solved within insolvency by a few forms, where this thesis aims attention to a discharge. The issue is a relatively new institute, which has been incorporated to our system of law by Act No. 182/2006 Coll., the insolvency act. The key theme of this thesis is a complex view of a way to solve an individual's bankruptcy by a discharge, without a focus on businessman or discharge of spouses. We count insolvency among private law for its same principals, however in some cases it is quite different and in its own way unique. Czech legal system knows two types of discharge, a discharge by a realization of an insolvency estate and a discharge by fulfilling a payment schedule with a realization of an insolvency estate. Due to the law, we differ two phases of insolvency. The first one is mutual for all the forms of resolving bankruptcy and includes especially initiation of the process, which can be done only by submitting a proposal (of either a debtor or a creditor), also ruling about bankruptcy and insolvency proposal as itself, and finally submission of applications of creditors' claims, while the second one adjusts forms of resolving bankruptcy. Within a discharge we talk mainly about passing of discharge, performing individual types of discharge, possibly dissolution of...

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.

The diploma thesis deals with the current legislation of debt relief - as one of three types of insolvency proceedings, in which the situation of person, who has been declared insolvent, in compliance with Czech insolvency law can be resolved - as well as of the satisfaction of creditors' claims within these proceedings. Especially it is focused on problematic issues, that occur during the realisation phase of debt relief and for that the insolvency law does not give an explicit answer. First, the thesis deals with debt relief in theoretical view and provides a comprehensive overview of claims, which are in these proceedings satisfied and which ones are not, and their classification in according to succession, in that they are satisfied. This chapter is particularly focused on claims, which are secured by assets belonging to the insolvency estate, and subordinate claims, which can be satisfied, only when all other debts have been paid, and problems related to it. Second, the thesis describes the election procedure, within creditors choose a part of insolvency estate, which will be used for satisfaction of their claims, depending on debtor's assets and expected future earnings, and tries to answer a question, which type of majority of (unsecured) creditors is required to adopt a resolution on how to resolve...

English abstract This diploma thesis is concerned with the institution of the estate in insolvency proceedings. The insolvency estate is a key concept in insolvency law, as the successful consummation of the very goal of insolvency proceedings depends on the substance of this term. The goal of insolvency proceedings is the highest possible, properly prorated satisfaction of the debtor's creditors. The present thesis does not attempt to cover the concept of the insolvency estate in its entire breadth with respect to the various methods for resolving the debtor's insolvency, but instead focuses on the general delineation of the insolvency estate and on certain specific aspects related to bankruptcy discharge. The thesis also discusses some of the most recent changes to the law which were introduced in particular by the bankruptcy discharge amendment effective as of 1 June 2019 - an amendment which has fundamentally changed the previous legal framework for bankruptcy discharge and which has had a not insignificant impact also on the way in which the insolvency estate as a legal concept is shaped. The main objective pursued by this diploma thesis is to assess the current legal framework governing the insolvency estate as well as the institutions which build upon the insolvency estate, in terms of how they hold...

This diploma thesis deals with a comprehensive assessment of the amendment No. 31/2019 Coll. to the Insolvency Act. in relation to the previous legislation. The reason for processing this topic was the topicality of debt discharge in relation to individuals in a debt trap and the absence of an effective legal solution to their financial situation. In the introductory chapter, the thesis is devoted to the description of insolvency proceedings and defines the essentials of debt discharge. In the next chapter, the author deals with the main reasons for the adopting and the main aims of the amendment, as well as assessment of the suitability and applicability of the amended provisions of the Insolvency Act. The author deals in particular with the amended provisions of the Insolvency Act, which change the overall concept of debt discharge of individuals. At the same time, the author reflects on the application and interpretation problems associated with individual provisions and proposes their solution. Finally, the author discusses the legal, economic and social impacts of the amendment and assesses whether the objectives of the amendment have been met.

1 Legal possition of the insolvency administrator in debt reliéf Abstract An insolvency administrator has an irreplaceable role in the insolvency proceedings. He isn'n an lawyer of debtor or creditors. However, he has to defend a legal interests both of them and to direct insolvency proceedings in such a way that its purpose is fulfilled. The purpose of the insolvency proceedings is to achieve the greatest satisfaction of creditors without any unjustly harmed or unlawfully favored party. The aim of this diploma thesis called "Legal possition of the insolvency administrator in debt relief" is to comprehensively analyze the insolvency administrator's procedure, its role and activity in debt relief. The secondary subject of the thesis is the evaluation of the debt relief legislation, which was substantially amended by an amendment No. 31/2019 Sb. Text of the thesis is divided into two parts, theoretical and practical. Initial part is divided into four chapters, in which the characteristics of the insolvency administrator, including his position towards other entities in insolvency proceedings. The second and third chapters specify the process of issuing the insolvency administrator's license, including the conditions they must fulfill in order to be authorized. The fourth chapter gives the reader insight into...

Insolvency law is a dynamic discipline which is gaining awareness of many people. The main purpose of insolvency law is to resolve the insolvency or imminent bankruptcy of a debtor using one of the methods under the insolvency act, in order to resolve property relations to persons affected by the debtor's bankruptcy. In addition to bankruptcy order and restructuring one of the methods of resolving debtor's insolvency is debt discharge. The subject of this rigorous thesis is the instrument of debt discharge, with particular focus on the last amendment of the insolvency act, which substantially changed the debt discharge proceedings. The aim of this thesis is to provide a comprehensive overview of debt discharge, the course of insolvency proceedings and its successful end describing all of its consequences. The thesis also summarizes on the most important changes made by last amendment of the Insolvency Act and draws attention to problems, which can occur in practice when interpreting of some of the new provisions. The first chapter includes brief summary of insolvency proceeding and historical development of the insolvency law. It further contains analysis of fundamental sources of insolvency law and definition of the concept of bankruptcy and debt discharge which are crucial for this thesis. The...

Discharge of debts of the spouses Abstract Discharge of debts represents, on principle, a new institute, which has been implemented into our law by the Insolvency Act with effect since 1. 1. 2008. However, the lawmakers have only implemented an expressed regulation of the joint discharge of debts of the spouses by the amendment with effect since 1. 1. 2014. In her paper, the authoress has been focused exclusively on the discharge of debts from the perspective of the spouses; therefore, not only the discharge of debts of the spouses as separate debtors but also the spouses as the community of debtors. In her paper, the authoress has been focused on the interpretation of the historical development of the joint discharge of debts of the spouses from the effect of the Insolvency Act, through its amendments up to the current wording thereof, including the illustrations in insolvency proceedings and judicial decisions. In several points, the prepared amendment to the Insolvency Act, which has been debated by the Chamber of Deputies of the Parliament of the Czech Republic, has also been mentioned in several points. In this paper, the authoress has outlined a brief introduction to the discharge of debts as a remedial form of the solution of the bankruptcy of the debtor. She has pointed out the development of the...

Discharge - resolving of insolvency of a debtor A discharge is, in addition to bankruptcy order and restructuring, one of the options for resolving of the insolvency or imminent bankruptcy of a debtor in insolvency proceedings. The discharge can be initiated only by proposal from debtor, but only certain person can this proposal write and submit (the lawyer, the notary, the executot, the insolvency administrator or the accredited person). If the debtor proves that his proposal has honest intent, and that he is able to pay at least 30 % of his claims to the creditors, then the court will grant the discharge from debts. The discharge can be done in three ways: the liquidation of the assets, the performance of the payment calendary for up to 5 years or a combination of these two methods. The debtor himself can show his preferred way in the proposal, but the final decision is on unsecured creditors. Only if the creditors do not agree on any of these ways, will the court decide. If the debtor performs his duties for the duration of the discharge, the court will decide on fulfillment of the discharge and exempts the debtor from paying the remaining parts of his claims. In the event of the performance of payment calendary, the debtor may be exempt from paying the remaining parts of his claims, even if he has not...

This bachelor thesis describes the changes related to the debt relief, that presents the amendment of Insolvency Act No. 64/2017 Coll., which is effective from 1 July 2017, amending Act No. 182/2006 Coll., Bankruptcy and the Methods of its Resolution. This is an important amendment, which transforms a lot of fundamental paragraphs of the Insolvency Act. The thesis provides the essential introduction to the topic of the insolvency proceedings and the debt relief analyzing the current legal regulation of this institute. The changes of Insolvency Act are described and evaluated using analytical method in the context of past and future development. In the practical part is proposed model of debt relief process using process maps.

Text tohoto článku pojednává o přípustnosti oddlužení podnikatelských subjektů a fyzických osob s dluhy z podnikatelské činnosti. Popisuje vývoj přípustnosti oddlužení podnikatelů a to i s výhledem do budoucna. Naznačuje možnou přípustnost oddlužení právnických osob s ohledem na vývoj evropského právního prostředí. Dále se zabývá možností veřejnoprávního subjektu udělit souhlas či namítnout nesouhlas s oddlužením dlužníka, kdy tento má dluh z podnikání. The text of this article deals with the admissibility debt relief of the debts of business entities and individuals with debts from business activity. It describes the development of the admissibility of entrepreneurs' debt relief, even with a view to the future. Indicates the possible admissibility debt relief of legal entities' deferral in the light of developments in the European legal environment. It also deals with the possibility for a public body to give consent or to object to debt relief the debtor's debts when he has a business debt.

Discharge - as one of modes of resolving insolvency The subject matter of this master thesis is the institute of discharge of debts, with an emphasis on its rehabilitative nature. A certain degree of indebtedness of the population is currently a social standard and many consumers are falling into the so-called debt trap. This is the reason why the institute of discharge of debts has become the forefront of interest. Discharge allows a debtor to solve impending or already existing bankruptcy and his/her return to normal economic life with a clean sheet. In its seven chapters, the thesis classifies discharge in the system of insolvency law and chronologically deals with insolvency proceedings from the petition to declare bankruptcy and the motion to permit the discharge until its termination from the point of view of debtors as well as creditors. Besides defining alternative ways of resolving insolvency, basic subjects of insolvency proceedings and their possible intervention in the process; the thesis focuses on the subjective and objective admissibility of discharge. Furthermore, the thesis examines the choice of the appropriate method of discharge, namely realisation of bankrupt's estate, fulfilment of the instalment plan or combination of these methods; and conditions for successful completion of...

Debt discharge is one of the remediation ways of resolving the bankruptcy of the debtor, whereas the debt discharge is requested mainly by non-entrepreneurial natural persons. However, the resolution of bankruptcy by debt discharge cannot be ruled out also for natural persons entrepreneurs. Debt discharge is a widely used and persistently relevant institute that puts emphasis not only on liberating debtor from debt and resolving his financial situation, but also on the protection of creditors of the debtor, who are legally guaranteed a degree of satisfaction of their claims. The aim of this thesis is to provide a comprehensive characterization of debt discharge, the course of insolvency proceedings leading to debt discharge, as well as certain specific areas that may be problematic. This thesis also contains examples from the practice, in which we can see the specifics of debt discharge. This thesis is divided into seven chapters, whereas the main ones are chapters 2 and 4. The first chapter briefly defines the concept of bankruptcy, which is crucial for the resolution of the unfavourable economic situation in insolvency proceedings, the ways of its resolution and the relationship between debt discharge and other methods of resolving bankruptcy. The second chapter describes debt discharge and defines the...

1 Abstract The main aim of this master thesis is to summarise legislation in force concerning the debt discharge of natural persons as one of the methods of resolving bankruptcy, to appraise this legislation and to discuss its possible future development. In introductory chapters of the thesis, the author defines the concept of bankruptcy, initiation of insolvency proceedings and its effects. Subsequently, thesis deals with a discharge of natural persons and concentrates on discharge proceedings as a whole - from a discharge permission and approval, decision concerning the mode of discharge, to successful termination of discharge proceedings where the debtor is discharged, free of debt. Thesis analyses the prerequisites of discharge permissibility, defines subjects actively legitimated to file a discharge application and furthermore, it lists possible forms of discharge and summarise the particularities of joint discharge of spouses. Equally, this thesis describes the specific legal issues caused by the application of provisions of the Insolvency Act which have not been sufficiently adapted yet and by the lack of their uniform judicial interpretation. This master thesis reflects the pro-debtor development of discharge in the Czech insolvency law and draws attention to the changes in insolvency legislation...

The thesis deals with the problem of the debts of seniors - the social group that is currently a very actual topic in society. The aim of the bachelor thesis is to state the most typical ways how the seniors can get indebted and how to help them in order to avoid debt traps. The bachelor thesis describes the financial indebtedness of seniors, that leads to unfavourable financial and life situations. The result of this situation is the execution. The thesis explains terms such as execution, court executors and also their practices. It also summarizes the rules and the steps of the social work with the indebted people as well as the prevention and the methods of work with the seniors.

Discharge of debts of spouses This thesis deals with in these days very current issue of discharge of debts of spouses. During the effectiveness of the discharges of debts regulation in Czech laws the social development continues. This development brings also a new phenomenon - a huge indebtedness of natural persons (not self-employed persons) respectively households in the Czech Republic. In spite of the fact the problematic regulation of discharge of debts of spouses is being subject to many amendments, the outcome of them was not always satisfactory. The aim of this thesis is to introduce the institute of discharge of debts of spouses, to point out the imperfections of the regulation, to provide its comparison to foreign regulations and to phrase potential amendments of the particular problematic provisions. The thesis is divided into four separate chapters. Chapter one focuses on theoretical basis of the issue in the wide scope of insolvency law and also introduces actual indebtedness of the Czech households that gives rise to legal regulation of discharge of debts. Also it summarizes the regulation of joint marital property in the Czech law which may cause several problems when applying the debt forgiveness regulation on married persons. The first chapter comprises the ground for the following...

English abstract Practical specifics of debt relief The topic of this rigorosum thesis is Practical specifics of debt relief. The rigorous thesis is focused on specific situations and cases of debt relief, which is relatively still a new phenomenon of insolvency law. The aim of the thesis is to focus on solving and analyzing specific and in practice specific issues. The possibility of debt relief is one of the parts of insolvency law and the insolvency law can be included in the civil law. The purpose of the insolvency law is to resolve the debt situation of the debtor in order to resolve his property relations to all the persons affected by this bankruptcy situation. Insolvency proceedings are based on the highest and at the same time proportionate satisfaction of the debtor's creditors. According to insolvency law the debt situation of debtor can be solved in three ways. As the first method, the insolvency law offers bankruptcy, which is based on the payment of debts on the sale of all the debtor's assets. including his wages. Another way is the reorganization, which is intended for companies that continue to run the business during whole insolvency proceedings and their debts are paid in stages. The last way is debt relief. In debt relief the debtor can pay only part of his debts. If the debtor complies...

The thesis deals with the issue of elimination debts of women during their prison sentence in the Czech Republic. The topic of elimination of debts is a hot issue. There are numerous obstacles making the issue more complicated. The theoretical part describes the development and present situation of the Czech Republic citizens who fall into debts. It also specifies some terms, e.g. financial knowledge, distrain, personal bankruptcy and it familiarizes with the amendment of the insolvency law. The chapters describe the issue of imprisoned women who fell into debts and the reasons of this low education, the family background (mostly pathological) etc. Real-life cases and the cooperation of prisons with out-of-prison specialized departments are described in the following part of the thesis. Three non-profit organisations are described in details. The aim of the thesis is describing issues and difficulties connected with debted women imprisoned in the Czech Republic, characterization of the system of professional help in elimination of debts and proposing solutions which could help with solving the problem. The main method of collecting data was observation, qualitative questioning with the technique of structured interviews with opened questions. There were 10 convicted women, five prison staff and five employees of non-profit organizations as respondents. I put together three sets of questions, which were gathered in charts to be well arranged. The thesis may be useful for prison staff, employees of other organizations, institutions co-operating with Prison Service of the Czech Republic for solving the issue of elimination of debts of women during their prison sentence. The issue seems to be vast. The following problems resulted from the survey: all of the three groups of respondents said that an issue was low salary of the convicted, other problems were time given for dealing with elimination of debts, low number, overworking and insufficient professional education of employees of the Prison Service of the Czech Republic. Based on these problems I suggested several optimization measures: Eliminating of debts requires major salary rise of the convicted. Another suggestion is to introduce house arrest, which would lead to relieve the employees in prisons and also the option of eliminating debts. The next steps would, in my opinion, be specialized training of selected prison employees and rapid raise of numbers of these professionals and also co-operation with the professionals outside of prison service. Another of my proposals is building both financially and locally available subsequent social educational care for people who were released from prison. This care would actively extend activities practised in prisons. That is what I think is crucial, because without this help, the effort of the employees of prison service is senseless.

Discharge from debts is one of the modes of resolving bankruptcy and is regulated in sections 389 to 418l of the Insolvency Act. This legal institute is widely used by debtors - especially by consumers, because if the debtor fulfils the statutory requirements, in particular consisting in the honesty of debtor's intent and in the satisfaction of claims of unsecured creditors at least in the minimum rate guaranteed by law, the debtor is subsequently allowed to achieve the essential benefit of the whole procedure - discharge from a substantial part of his unpaid debts. The aim of this thesis is to evaluate in a comprehensive way the valid and effective legal regulation of discharge from debts, including the last amendment that came into effect on July 1, 2017. At the same time, I focus on some problematic issues, which cause application difficulties in practice. The text of this thesis is divided into 8 chapters. The first chapter provides a definition of the key concept of the whole insolvency law, namely the concept of bankruptcy and impending bankruptcy. The second chapter deals with the basic characteristics of discharge from debts and description of subjective and objective requirements thereof. The following two chapters deal with two essential procedural motions, namely the petition to declare...

Debt relief is a form of development aid that began to gain importance in the last decade of the 20th century. In 1996 the World Bank and the IMF jointly launched the Heavily Indebted Poor Countries (HIPC) initiative, a comprehensive and structured program designed to provide debt relief for eligible low-income countries. The purpose of my thesis is to investigate, whether debt relief for developing countries over the period 1996-2015 affected economic growth in the recipient countries with particular attention being paid to the HIPC countries. I also investigate whether the impact of debt relief on growth varies conditional on institutional quality. I find that the low-income countries on average did not benefit from debt relief. However, I find that debt forgiveness has enhanced the growth rates in the countries in the HIPC initiative. Based on the results of my regression analysis I did not find evidence that the effectivity of debt relief in either group of countries depends on institutional quality.

The bachelor thesis deals with the issue of debt and its impact on the seniors´ daily lives. In my bachelor thesis I defined and then examined the following research questions: 1. Do seniors with families and higher education get into debt less often than seniors who do not have a family and have primary or secondary education? 2. Does the debt situation affect women more often than men? 3. What are the most common causes of the debt situation for seniors? The theoretical part of the thesis describes the current situation. It also explains the basic concepts of the given issue in the area of financial literacy and indebtedness. It deals with the causes, consequences and possible ways of solving it. The aim of the thesis is to point out the given issue and show possible ways to the seniors to get out of the debts. For the research part the secondary analysis of the data obtained by qualitative research was chosen. The research was performed by a semi-structured interview with a sample of women and men aged over 60. The interviews were made in response to the contact received from the Regional Office Příbram of the Czech Republic Labour Office - the Contact Point Mělník. Research has shown that: - seniors with no partners and primary education are more likely to face debt problems; - the most common debtors are men; - the most frequent reason for debt are previously unpaid receivables. The expected contribution to practice is to map out the issues and risks of senior citizens' indebtedness and prevent it.

As it implies from the title, aim of this thesis is to compare Czech and German insolvency law and find out differences, also on the practical level. Motivation to choose these countries came from facts, that both countries are economically connected and German law is traditional source of Czech law. Another aim is to find out, if the law of our western neighbours can be inspiration also for future changes to relatively new insolvency law in Czech. Because the title of this thesis is rather general, it was necessary to specify the content of this thesis with choosing main points. These are discharge from debts, reorganisation and insolvency administrator seen as a profession. Aim of this thesis is not to cover the insolvency law complexly. Thesis is divided into eleven chapters. First chapter is introduction and clears aims of this thesis. Second and third chapter describes the introduction to German insolvency law, which fairly overlaps the introduction to Czech insolvency law. Selected differences are mentioned in fourth chapter. Chapters five to seven are containing the main themes of this thesis, and these chapters are divided into subchapters with German law, Czech law and subchapter with comparison. The chapter about discharge from debts is rather extensive, because the concept of this legal...

Thesis "Discharge from debts in Czech insolvency law" mostly aims to analyze recent legislation of the institute discharge from debts as a recovery method of solution to critical financial situation of debtor called as bankruptcy. This thesis deals with institute of discharge from debts in current Czech insolvency law with regard to amendment of Insolvency act, which came into force on the 1st of January 2014 and also with regard to another prepared amendment of Insolvency act. This thesis also contains emphasis on development of some institutes of discharge from debts, especially of joint discharge from debts of married couples and discharge from debts of self-employed persons in relation to changing legislation and judicial decisions.

The bachelor thesis deals with the upcoming amendments to the legal regulation of the debt relief procedure in the Czech Republic. The Amendment Act no. 64/2017 Coll., which revises Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), so called Accreditation Amendment, has recently been adopted. It will come into force on the July 1, 2017. The Government also submitted the draft amendment to the Insolvency Act, so called debt relieving, to the Chamber of Deputies (Parliamentary print no. 1030/0). The aim of this thesis is to evaluate the newly adopted and recently proposed legislation. The first two chapters provide the essential introduction to the topic of the insolvency proceedings and the debt relief analyzing the current legal regulation of these institutes. The third key chapter is focused on the analysis of newly introduced legislation and the draft amendment which has been proposed. It also analyzes its possible impact.

Discharge from debts represents one of modes of resolving bankruptcy of a debtor. It is a legal institute, which is very often used by debtors. Its aim is not only to satisfy creditors at least in the law guaranteed amount but also to protect the debtor, who is released of all his previous debts after successful discharge and he can start new life without debts and never-ending executions. The purpose of this thesis is to characterize an institute of discharge, to put it into the system of insolvency law, to describe insolvency procedure and some problematic areas of discharge, which cause difficulties in practice. During writing this thesis I tried to interconnect effective laws with case law of higher courts, reference literature and articles. The thesis is composed of 5 chapters. In the first one I briefly characterize basic terms of insolvency law (insolvency proceeding, bankruptcy, procedural entities) and modes of resolving bankruptcy of a debtor. Second chapter focuses on insolvency proceeding from insolvency petition to permission of discharge. Last part of the chapter describes alternatives of discharge, these are converting debtor's property into money, payment schedule or combination of both. In the third part, I deal with some problematic areas of discharge, which are missing or unclear...

Topic of this work is an entrepreneur - a natural person in the insolvency proceeding, whose bankruptcy is solved through the discharge of debts. It attempts to identify problematic issues of the current legislation, which might adversely affect the course of insolvency proceeding. The work deals primarily with the subjective admissibility of the discharge of debts and with to date development in that matter which will be explained on the ground of previous decisions of superior courts. It also describes the operation of the enterprise, which is in the process of the discharge of debts, and the status of the creditors, who participate in the enterprise's performance. It deals also with the income of an entrepreneur and its usability in pursuance of the discharge of debts including the different judicial practice in assessing sufficient income for the permission of the discharge of debts. And finally, it addresses the issue of a business risk and the liability of the entrepreneur with a special emphasis on the entrepreneur's liability for a timely filing of a proposal, the shift of the business risk on a third party and last but not least the consequences of the insolvency proceeding on running a business.

Modes of insolvency solution of non-entrepreneurial natural persons The development of credit transaction and associated rising debt of households, led to a non entrepreneurial natural person becoming the typical subject of modern insolvency law. Act No. 182/2006 Coll., on Insolvency and its solution (Insolvency Act) gives consumers the possibility of remediation mode of solution of their insolvency through discharge of debt, which allows debtor to solve his unfavourable economic situation given at least part of his debts is satisfied in such a way that he avoids a devastating impact of his debt and has a chance of exiting the debt spiral and to starting over. The thesis deals with insolvency of these persons and modes of its solution, based not only on the current legislation, but also on judicial practice because a whole range of issues have been solved only within this framework. The change should be brought about by the so called conceptual amendment of the Insolvency Act, prepared by the Ministry of Justice, whose goal is to incorporate disputed issues and issues unsolved in the Insolvency Act. The prime purpose of my thesis is to analyse the process of consumer's insolvency solution, especially focusing on discharge of debt and the slight bankruptcy and its specificity with emphasis on issues...

This work intends to analyse current normative regulation of the institute of discharging debts, interpreting relevant provisions and point out some actual problems, which are dealt with in the judicial practice and that arise as a result of application of some statutory provisions in the process of solving bankruptcy problems of a debtor by the ways of discharge from debts. The doctoral thesis deals with institute of discharging debts as new a preservation method of solving debtor's bankruptcy situation, brought to the Czech legal system by the Insolvency Act. Beside chapters focused on discharging debts as a main subject of this Thesis, other chapters are concerned with the history of bankruptcy law including Act on Bankruptcy and Settlements and its comparison with the amendment contents in the Insolvency law. Still other chapters contain explanation of the basic concepts of Insolvency law such as bankruptcy, impending bankruptcy, insolvency, atc., brief description of the course of Insolvency proceedings including Insolvency proposals issuing from the judicature view, and some particular ways of solving a debtor bankruptcy. With regard to the fact that discharging debts is impossible to interpret independently of Insolvency proceedings as it is whit spacific deviations pervading it's whole...

This thesis decribes insolvency proceeding, primarily obligation and rights of creditor while information is baded on the Law no 182/2006 Coll., Insolvency Law. There is created instruction that should be used by creditor during insolvency proceeding. Thereafter there is in the part "practise" presented and analysed specific real case, this case was figured out by audition.

The topic of this thesis is Discharge from debts by individuals doing business - the possible effects on the economy. The aim of the diploma thesis is to introduce and to evaluate the discharge from debts of individuals-businessmen as one of the rehabilitative solutions of insolvency. In the first part, we get acquainted with development of legislative adjustment of insolvency law, course of the insolvency proceedings and process subjects. The thesis follows with introducing methods of solving the insolvency of a debtor. The main part of the thesis discusses the issue of discharge from debts of businessmen in detail including formulation of calculation of repayment and evaluation of suitability of this approach to solution of business debts based on data from publicly available sources. In the last part, we focus on assessing the degree of burden on borrowers and creditors and possible impacts on the economy. In the conclusion there are summarized all learned facts.

The master´s thesis pays attention to the information system dealing with the procession of insolvency proposals. This requirement originated in the terms and conditions of the prepared amendment to the act on insolvency. The first part analyses the existing system of procession. The demands for the information system are formulated based on the foundout facts. The second part describes the proposed solution by means of charts depicting examples of use, and a process and checking chart processed in the Enterprise Architect programme. The third part includes a description of the information system implementation. The information system has been programmed by means of the PHP scripting language using the Nette framework and the MySQL database. The FPDF and FPDL libraries were used to generate the insolvency proposal in PDF. This system respects the valid legislation, facilitating the work and saving the costs related to the procession of insolvency proposals.

Title: Abuse of the insolvency proceeding and defense against it Abstract: The thesis deals with the abuse of the insolvency proceeding and tools how to defend against jt. In the introduction part of the thesis are described basic principles and concepts of bankruptcy law, the purpose of the insolvency proceeding and its effect. The core of the whole thesis is in the chapter 2 & 3. The chapter 2 deals with the abuse of the insolvency proceeding by the entities which are not the debtor. I was focused mostly on the unreasonable insolvency proposals by the creditors and on the existing specific tools which can be used to limit these kinds of proposal. The same chapter is also touching other cases of the abuse of the running insolvency proceeding by the entities which are not the debtor. At the end of this chapters are described the possible and currently proposed tools how to avoid the abuse of the insolvency proceeding. The chapter 3 deals with the abuse of the insolvency proceeding by the debtor. Because this topic is very complex and there are described just the most common way how the debtor abuses bankruptcy law and as well the possible methods, that are able to limit the possibility to abuse the law by debtor. First, there are briefly described two general phenomena linked to the insolvency process....

The title of my Master's degree thesis is " Reorganization and discharge of debts". I have chosen this topic because of various reasons. Firstly, I consider the need of special legislation for the insolvency as necessary because the enforcement proceedings can be considered fair when the debtor has sufficient assets to satisfy all creditors' claims. In the case of more creditors who the debtor is unable to meet over a long period, then the enforcement proceedings do not achieve this purpose any more. Property relations between the debtor and his creditors need to be arranged equitably so that the registered creditors will be repaid in proportion to the debtor's assets. Furthermore the subject is very close to me because of a half-year traineeship with a trustee. This is a continuously developing branch of private law, which has undergone a significant change during the year 2014 and I had a chance through my thesis to become acquainted with this amendment of the Insolvency act. The aim of my work is to describe the progress of the insolvency proceedings by focusing on remedial actions. A fair debtor, who is taking such a serious-minded and responsible approach to this proceeding, can start new life without debts and creditors may be get higher monetary payment than they would have received through...

The thesis consists of a brief introduction to this topic and of a theoretical and practical part. The theoretical part discusses general terms (part 2), i.e. subject-matter, failure, subject-matter and territorial jurisdiction, procedural entities, failure hearing and ruling, a debtor's insolvency petition as well as the individual ways of handling a debtor's failure. The part concerning the ways of handling failure through bankruptcy (part 3) discusses the effects of a bankruptcy declaration on in-progress proceedings, the monetarisation of assets, bankruptcy cancelation and the effects of a bankruptcy declaration on the community property of spouses. Part 4 discusses other ways of handling failure, i.e. reorganisation. This part includes court jurisprudence of problematic cases, which concerns the current legal regulations. Part 5 discusses the latest and currently most used way of handling a debtor's failure, i.e. debt relief. The practical part shows a debtor's accounting of a specific accounting case that concerns a debtor's failure through bankruptcy and contains an individual's debt relief petition and a debtor's (business company's) insolvency petition for bankruptcy declaration. The end of the thesis summarises this issue and points out the importance of having basic knowledge of this issue for individuals and legal entities.