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The diploma thesis "The impact of the COVID-19 pandemic on setting the insolvency law agenda" deals with how the pandemic crisis caused by the COVID-19 disease affected the political agenda in the field of insolvency. It presents the main elements and benefits of the Lex Covid Justice Act, presented by the Department of Justice to prevent debt and the rise of insolvency petitions caused by pandemic measures introduced by the government, such as the closure of several business. The institute of the extraordinary moratorium which was introduced by the Lex Covid Justice Act is described in detail. The thesis uses the theory of setting an agenda with an emphasis on a critical event, the features of which the COVID-19 pandemic had. In the practical part, an expert interview is used to collect data and to comprehensively analyse the benefits of the law, the views of the actors on the institute of the extraordinary moratorium and how the COVID-19 pandemic has affected the issue of insolvency. Emphasis is also put on the actors who deal with the issue of insolvency and what was their attitude to the Lex Covid justice law and what influence they had on setting the agenda. The current insolvency legislation and its setting are also described. The chapter on foreign practice compares the measures related to...

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.

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...

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.

Problems of the insolvency law in the practice of insolvency court Abstract This rigorous thesis deals with the Insolvency Act and the problems and uncertainties contained in it, which people working with it (especially insolvency courts) encounter in their practice. The rigorous thesis is divided into five main parts, four of which are further divided into chapters. The first part serves as a depiction of the long-term historical development of bankruptcy law, the beginnings of which can be found in Roman law. Emphasis is placed especially on the Bankruptcy and Settlement Act and the Insolvency Act and especially on the number of their amendments. The second part deals with the problematic provisions of the general part of the Insolvency Act and deals with the provisions describing the insolvency proceedings before the declaration of bankruptcy as well as the provisions that will apply during the entire insolvency proceedings. This part is therefore the most extensive. The following two parts are devoted to the special part of the Insolvency Act. The third part describes the imperfections of the bankruptcy solved by liquidation, of which, however, there aren't as many as in other parts of the Insolvency Act, a fact that the author connects to the history of bankruptcy law in the Czech Republic, in...

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...

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...

Assets in Insolvency Proceedings Abstract The diploma thesis provides comprehensive analysis of an institute of assets in insolvency proceedings. The first chapter focuses on a definition of assets aiming at importance of the institute in the current legal system in the Czech Republic. The second chapter analyses an extent of assets and institutes of invalidity and ineffectiveness of legal actions in insolvency proceedings including an analysis of provisions related to defence indictment. In addition to positive and negative determination of a content of assets and detailed description of the relevant assets, a description of a mutual relation of insolvency and execution proceedings is a part of the third chapter. Subsequently, the fourth chapter deals with assets determination procedure aiming at an obligation of a debtor or persons acting on behalf of a debtor as well as the third persons and public authorities to provide an insolvency administrator with cooperation. The fifth chapter concerns obligations of an insolvency administrator relating to an inventory of assets and conditions under which seeking exclusion and exemption from assets may be achieved. The sixth chapter analyses a legislation related to disposition over assets including an administration of assets and determination of a person with...

The bachelor thesis deals with current amendment of the Insolvency Act, which started to be in force on 1. 6. 2019. The amendment changes conditions in admission and the process of the discharge in debt. The theoretical part deals with comparison of the discharge in debt after the debt relief amendment with the previous adaptation. Based on the described changes, the pluses and minuses are evaluated. The practical part contains an analysis of data gained from the insolvency register. It compares the amount of applications to the discharge in debt and the success rate of the unsecured creditors before and after the amendment.

Title: Crisis management and the solution of a bankruptcy of a profitable sports club Objectives: The main objective of this thesis is to propose general procedures of profitable sports clubs dealing with crisis and bankruptcy. Methods: This thesis is based on a qualitative research. Documents related to insolvency were analyzed, specifically act No. 182/2006 Coll., The Act of Bankruptcy and Ways of its Resolution (The Insolvency Act), as amended by subsequent regulations and publicly accessible insolvency proceedings in the insolvency register. Qualitative interviews with insolvency law specialists have been executed using the manual to make sure the thesis results are objective. Results: A general manual for entrepreneurs in profitable sports facilities was compiled by the analysis of necessary documents and based on the The Insolvency Act. The manual serves for times when a sports facility gets into financial problems resulting in insolvency proceedings. In some cases, an insolvency proposition has to be submitted, with regard to a potential responsibility of the statuary authorities or people in charge of financial obligations. At the same time, it is important to proceed with the property inventory/inventorying, to create a list of receivables and liabilities, and also a property and an...

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.

The thesis focuses on the concept of assets, which represents one of the most basic and most important notions of the insolvency law. Assets within the meaning of the Insolvency Act are intended to satisfy the debtor's creditors. The correct finding and recording of the relevant assets and the and the following stages of the insolvency proceedings have a crucial impact on the level of satisfaction that will be given to the debtor's creditors. Step by step, the present thesis introduces to the reader the legal regulation of the most important legal terms related to the insolvency assets. Starting with the definition of the term assets to the inventory phase, where the relevant assets are recorded. In the context of this phase, the thesis addresses the duty of co-operation by the debtor in the insolvency proceedings. The thesis continues to deal with the inventory of the insolvency assets, including the asset valuation. Not even the description of the possibilities of defending the wrong classification of the property in the inventory of assets is missing. The next chapter, in turn, deals with the handling and management of insolvency assets by the insolvency administrator. The last chapter focuses on possible ways of monetizing assets, whereby the different ways are compared to each other and the...

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...

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...

v anglickém jazyce This diploma thesis main objective is to analyse those parts of the Czech insolvency law dealing with the assets and at the same time to define all related terms. The partial objective of the thesis is to identify the 2006 Insolvency Act provisions relating to the assets which appear to be inadequate and to propose possible legislative changes. The objective of the thesis was fulfilled. An analysis of the key provisions of the Insolvency Act dealing with the assets was carried out and all of the important terms were defined. As the author of the thesis concludes that the current legislation is rather efficient, he suggests only some partial changes, such as the extension of the time limit, during which the former members of the management of the debtor - legal entity are obliged to cooperate with the insolvency trustee. Regarding its systematics, the thesis is divided into seven chapters, most of which are subdivided into subchapters. The first chapter deals with the historical development of insolvency law in the territory of today's Czech Republic. It maps the legal regulations from the 18th century to the present, with the greatest attention being paid to the current insolvencylaw and explaining its most significant recent amendments. The definition of assets in the Czech and...

This diploma thesis deals with the current amendment of the Insolvency Act. It was written by the Ministry of Justice of the Czech Republic. There is introduce the current amendment focuses on personal bankuptcy. The thesis introduces the legislative process of this amendment. For the identification of the actors was used the theory of advocacy coalitions. It shows their conflict of opinions. Two very different coalitions were defined in this problem amendment of Insolvency Act. Based on expert interviews were identified weaknesses of personal bankruptcy and devided into several groups. The study works with the concept of social stratification. It is used to ilustrate quantitative analysis. It contains the research sample of 91 and it completed insolvency proceedings (personal bankruptcy with repayment schedule). The sample were chosen from the relevant courts in Prague, Liberec region and Ústí nad Labem region. The results have been compared in the context of each area and as a whole sample.

Hradilová, G. Protecting the interests of creditors in bankruptcy proceedings. Bachelor thesis. Brno: Mendel University, 2017. The bachelor thesis is divided into literary research and own work. Within the framework of the literary research there is an outline of the legal regulation of insolvency proceedings. In particular, it focuses on solving the bankruptcy of the debtor through bankruptcy, where the creditor's position plays the main role. Own work includes an analysis of bankruptcy companies, and examples of these are the practices and recommendations on how the creditors should effectively achieve their goals. The issue is examined not only from the viewpoint of the creditor as companies, but also of the common person in this case of the employee. At the end of the thesis there are described recommendations for companies and person in the role of creditor.

This thesis focus on the insolvency proceedings, which were performed in the company MOTORPAL, a. s. During more than seventy years of its history, this company built its strong position on foreign markets in the area of production of fuel injectors for diesel engines and also now belongs between the largest employers in the Region of Vysočina. Constantly deteriorating financial situation forced the owners of the company to take strong measures to restore the company, which led, with the support of secured and unsecured creditors, to preparation and drawing up of reorganization plan. The plan was attached to insolvency application of the company, which meant that company chose the pre-packed reorganization as a way how to solve its bankruptcy. The thesis analyzes the main steps of whole process and highlights all the prerequisites which led to successful completion of this insolvency proceedings and to renewals of financial stability of this traditional Czech manufacturing company.

This thesis deals with two main topics: the insolvency proceeding in Czech republic according the Incolvency Code, and the Institute of assets. It also provides short comparision of the chosen legal institutes of the assets between Czech and German insolvency codes. The purpose of this thesis is to define and describe the incolvency proceeding and the institute of assets and to evaluate the regulation of the Incolvency code and to predict the possible course of its future changes. The insolvency proceeding in Czech republic is a part of civil proceeding, and it is very specific because of its purpose, which is to solve the bankrupcy of the debtor and to achieve the maximum able repayments for his creditors. That is the reason why the insolvency proceeding must have its own specific legal principals and many specific rules devoted to achieve its purpose, so the Insolvency code includes many rules to prevent the possible misuse of these institutes for some other goals. This thesis deals with the subjects of the insolvency proceeding and their interests in the proceeding, their duties and competences and with their mutual relationships. The most importatnt of these subjects is the insolvency administrator, who is mainly responsible for the creation, administration and the final selling of the assets. This...

The Master's Thesis is focused on reorganization as bankruptcy solution according to Act No. 182/2006 Coll., Bankruptcy and Settlement (Insolvency Act), as amended. With a usage of comparison method, it analyses two specific insolvency proceedings which were solved in past and on the basis of their mutual comparison identify important factors that were crucial to determine different results of the proceedings. The main goal of the thesis is to uncover the factors affecting the insolvency proceeding positively or negatively. In first theoretical part there is the analysis of Insolvency Act. The results and knowledge gained in the first part are applied to a comparison in the second one where various data from financial reports and index IN05 are used. These values together with IN05 model are applied as a reflection of important moments which had underlying influence on reorganization process result. In the end of the thesis there is the summary of all gained facts and also different important negative and positive factors are revealed. The thesis shows that it is very difficult to anticipate the result of reorganization for external subject.

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 subject of this thesis is the institute of assets, one of the fundamental legal institutes of insolvency proceedings, which plays an absolutely crucial role in the process of solving the debtor's bankruptcy and the satisfaction of the debtor's creditors. The purpose of this thesis is not to cover the legal institute of assets in all its breadth, but to try to present the legislation on assets and important legal institutes related to it in the Insolvency Act in context of insolvency proceedings. Furthermore, this thesis works with the conclusions of the judicial practice of insolvency courts, presents thoughts on the current state of the Insolvency Act and defines certain areas, in which amendments to the Insolvency Act should occur in the future. This work is divided into nine chapters with regard to the legal provisions of the Insolvency Act governing the institute of assets. After a brief introduction the first chapter deals with the historical development of insolvency law, the Insolvency Act and the definition of assets. The second and third chapters are focused on the extent and content of the debtor's assets in insolvency proceedings, including related institutes of invalidity and ineffectiveness of legal actions. The fourth chapter defines the process of identifying assets and the rights...

The process of the insolvency proceeding is delineated in this bachelor work, including its participants, deadlines and the basic concepts of interpretation. This bachelor thesis is dedicated to the application creditor's debt against the debtor who is bankrupt because of overindebtedness or insolvency. Practical part analyzes progress in completing the application of the insolvency proceedings. Throughout the work is pointed to an amendment of insolvency law as a result of the recodification of private law, which it came into effect from 1st January 2014. The work also points to certain inadequacies and inaccuracies, and therefore the work contains some suggestions de lege ferenda.

The topic of this thesis is the quality of insolvency law in the market economy of the Czech Republic. The aim of the thesis is outlining the course of the insolvency proceedings and introducing basic ways of resolving bankruptcy of a debtor, which means declaring bankruptcy, the discharge of the debt and reorganization. The work focuses in more detail on problems of the discharge of the debt. The main aim of this work is calculating an average amount of satisfaction of unsecured creditors in case of resolving bankruptcy by declaring bankruptcy, reorganization, or the discharge of the debt on the ground of data from the insolvency register which is accessible to the public. There were used samples of proceedings at the Regional court in České Budějovice (hereinafter referred to as "the Regional court in ČB"). The data were subsequently compared with an amount of satisfaction according to statistics. The representative sample consists of the finished insolvency proceedings in the first trimester of years 2011 2015 at the Regional court in ČB.

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.

Bachelor thesis solves the reorganization issues, that is one of the possibilities of solving the debtor's bankruptcy. There are explained the basic terms of the insolvency law and principles of the reorganization in the theoretical part. In the practical part is mentioned the example of the reorganization plan for the model situation of the reorganization the concrete company.

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 thesis is elaborated the overview of insolvency proceedings legislation. Then the thesis briefly describes evolution of bankruptcy petitions since the Insolvency law has come into force (from 2008 to 2013). But the main attention is focused on a position of a debtor and a creditor in the insolvency proceeding. There are described procedures and recommendations, how to achieve their objectives effectively on patterns. The objective for the deptor is to save his company and the objective for the creditor is settlement of the debt.

The target of this bachelor thesis is to determine the possible existence of selected depending economic indicators (data) to total debt relief in individual regions Czech audiences. In the first part will be to present the legal issues of the Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), which will focus primarily on the way to solving the debt of the debtor's bankruptcy. There will also be briefly described some economic indicators (data), in particular regarding the possibility of subsequent detection of possible connections with debt relief, just.

Restructuring as one of the ways of solving insolvency is a method, that is supposed to allow preservation of the operation of the debtor`s company. Part of the restructurings however later converts into bankruptcy orders. The objective of this thesis is an identification of the key factors that lead to a successful fulfilment of the restructuring plan and also factors that might lead to their conversion into bankruptcy orders. The first part of this thesis is dedicated to insolvency and methods of its resolution among others according to the act no. 182/2006 Coll. on Insolvency and Methods of its resolution (Insolvency Act). The second part is dedicated to the selected factors and their possible influence on successful or unsuccessful completion of the restructuring. The conclusion includes a summary of important findings concerning whether and if so, what kind of connection is there between the selected factors and their influence on the successful completion of restructurings.

After the split of Czechoslovakia, the bankruptcy law in both countries evolved their own way. The original Act No. 328/1991 Coll. Bankruptcy and Settlement in the Czech Republic and its equivalent form in the Slovak Republic was necessary due to changing economic and political situation to change with new regulations. In the Slovak Republic in 2006, the Act no. 7/2005 Coll. Bankruptcy and Restructuring and two years later, in the Czech Republic Act No. 182/2006 Coll. Bankruptcy and Settlement came into force. The aim of this thesis is the comparison of the bankruptcy law in the Czech Republic and Slovakia. It compares individual legal adjustments with regard to their pros and cons. The Master thesis is based on statistical data on bankruptcy proceedings, explaining the reasons for the different developments in individual countries. The main focus of thesis is in reorganization and debt relief. The difference in debt relief of each country is explained in case study. Part of the work is also a practical example of the reorganization of the selected company.

This thesis deals with the development of the bankruptcy laws in the Czech lands. Thesis discusses the post-revolutionary period, in which centrally planned economy in the Czech Republic returned to market economy. It is discussing critique, shortcomings and amendments of bankruptcy law formed in 1991 by law on the Bankruptcy and Arrangements. The complete change of imperfect legislation followed in a form of Czech Insolvency Act. It addressed critique from the professional community and international institutions led by European Central Bank. Thesis approaches and clarifies issues surrounding new Insolvency Act. It brought a remediation solutions for bankruptcy, especially restructuring, that was lacking in Czech legislation until then. The concrete case of enterprise restructuring of company CP Praha, s.r.o. is discussed in practical part. It evaluates the procedure, satisfaction of creditors and overall assessment of the whole process.

PLESNÍK, M.: Reorganization bankruptcy as a possible solution. Bachelor thesis. Brno, 2014 The bachelor thesis deals with the problem of resolving insolvency company through reorganization. The theoretical part will be described in terms for better understanding of the problems of the Insolvency Act. Act on Bankruptcy and Settlement became effective January 1, 2008. There are three different types of responses insolvency. In the practical part of the thesis will be addressed through reorganization bankruptcy model specific situation. I will try to propose specific techniques for improving the state of insolvency while preserving the debtor's business.

This bachelor work deals with the legal aspects of debt relief. Debt relief is one of the ways of resolving insolvency, which was incorporated in the Czech legislation in 2008. The first part contains a literature review and also analyzes the applicable legislation and the case law issued. In the second part the work deals with indebtedness of households. The third part provides a practical "how-to" for debtors. It guides an applicant for debt relief around the steps of the insolvency proceedings. This proceeding is initiated by filing an insolvency petition, together with a proposal for permission for debt relief. The work then deals with proceedings before the decision on the bankruptcy. This procedure is followed by proceedings after decisions on bankruptcy and leads the debtor to the completion of insolvency proceedings resolution of the court to meet all the statutory conditions. The debtor is subsequently exempted from paying claims.

KOLÁŘ, P. Legal and economic aspects of insolvency proceeding of company. Diploma thesis. Brno: Mendel University in Brno, 2014. This Thesis is focused on insolvency proceedings and all its obligatory elements. The theoretical part deals with particular stages, subjects involved with insolvency and clarifies primary terms connected to insolvency proceedings. The Thesis also introduces three possible methods of insolvency proceeding, which can be used against bankruptcy order such as bankruptcy, reorganization and discharge from debts. These techniques are compared to each other. Statistical figures are added as well as practical examples. The Thesis includes a recommendation on how to precede the insolvency and it inquires into feeding of chicanery insolvency petitions and how to face them.

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 aim of this thesis is mainly define Institute of assets within the meaning of the Insolvency Act. This thesis is also interested in two important terms, Insolvency register and Insolvency administrator. This Thesis deals with the activity and competencies of the insolvency administrator in the process of determination and listing the assets. This thesis also deals with invalidity and unenforceability of legal acts, which reduce the assets. This thesis deals compared Insolvency Act and the older Act on Bankruptcy and Composition and author's de lege ferenda ideas as well. Attention being paid is also insolvency proceedings with European international element contained in Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.

In this work are delineated the rights and obligations of creditors, especially secured creditors during insolvency proceeding. There are highlighted specifics of the secured creditors arrising from their position. Throughout the work is also pointed to an amendment of insolvency law as a result of the recodification of private law, which it came into effect from 1st January 2014. Due to the changes have occured certains certain inadequacies and inaccuracies, therefore, the work contains several suggestions de lege ferenda. The work contains what the creditors, especially secured creditors have to do with acounting of this debts and tax payment from this debts.

The aim of the thesis is to assess the whole reorganization proceedings between 2008 and 2013. Assessment will be based on the methodology that will consist in the definition of the selected indicators, through which an analysis of the values observed data obtained from the insolvency register. Based on the analysis of the indicators examined and will set the key risk factors that may lead to a possible successful or unsuccessful completion of the reorganization proceedings. To assess the course of the reorganization proceedings will be examined successfully and unsuccessfully completed the reorganization and further currently ongoing reorganization. Selected indicators shall include the number of insolvency proposals related to the reorganization proceedings, the duration of the reorganization, the method of its solution and compare the satisfaction of secured and unsecured creditors.

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.

As of 1 January 2008 Act No. 182/2006 on Bankruptcy and its Settlement (Insolvency Act) has become effective. This statute has completely reformed bankruptcy law in the Czech Republic including but not limited to by implementation of new legal institute of discharge of a debtor. Discharge of a debtor is designed to be a mode of solution of consumer's bankruptcy for non-business individuals and non-business legal entities. Being modeled by foreign legal forms this institute has acknowledged a relief from debts and hence new start for economic life of the subject. New form of solution of consumer's bankruptcy has proven its need of existence also by the fact that discharge of a debtor is by far the most frequent mode of bankruptcy solution in the Czech Republic. The aim of this thesis is to deal with entire issue of discharge of a debtor from filling bankruptcy petition through the very process of discharge to debts relief of a debtor. The thesis text itself is divided into six chapters. First chapter introduces the matter by traditional historical digression of the bankruptcy form in Czech territory, by clarification of the bankruptcy term itself and by provision of basic information on new Insolvency Act. The following chapter endeavors to express particular issues which are common to all modes of...

Title: Proposal for Insolvency Act amendments in order to establish equality status of creditors in the process od personal bankruptcy through debts charge off Thesis summary: The purpose of my thesis is to describe the new form of personal bankruptcy through debts charge off and point out some weaknesses of the current legislation together with some proposals how to deal with them. The reasons that led me to choose this topic are i) new legislation of Insolvency Act which is effective from January 1st 2008, and ii) my practical experience with insolvency proceedings. The thesis composes from eleven chapters where each of them deals with particular phase of the process. Prior to the chapters there is an Introduction which describes the aim of the thesis, reasons for this specific topic and explanations of basic legislation related to personal bankruptcy. Chapter One focuses on origination of the insolvency law in the territory of The Czech Republic and is divided into three subchapters. The first subchapter focuses on the development of insolvency law before the origination of Czechoslovakia, the second subchapter describes changes in the insolvency law from 1918 and the last subchapter deals with the former Bankruptcy Act. Chapter Two clarifies basic changes that were introduced by the Insolvency Act and...

This thesis deals with takeovers in the Czech environment according to the Insolvency Act No. 182/2006 Coll., which passed an amendment to the 1. 1. 2008. There are methods of resolving insolvency of the debtor and principles of insolvency proceedings which should be followed during the insolvency process. Work distinguishes friendly and hostile takeover. The theoretical part provides an overview of possible ways of takeover, the reasons that motivate new owners to think about a possible takeover and globally applicable defense strategies. Another theoretical starting point is consideration of the reorganization of the company, which may be conducted by both the debtor and of the creditor(s). The practical part describes the hostile takeover of SAZKA from its history, through description of the key moments of crisis to insolvency proceedings which resulted in the bankruptcy of the debtor. Subsequent hostile takeover was directed by PPF and KKCG, which bought up commitment wagers and therefore became important creditors (controlling the betting and lottery activities) and later winner of the tender for the sale of the entire company. This case is a textbook example of takeover of the company, which had fallen into financial distress. The battle for the largest lottery company in the country was very hard, long and eventually resulted in a very profitable business, which fell into the arms of a single owner.

This thesis first describes the insolvency proceedings in general, explains basic concepts, describes the different stages of insolvency proceedings and introduces the reader to the entitiesin the insolvency process. It also explains what is a bankruptcy and presents possible ways of solving it. The current situation in relation to insolvency proceedings is shown based on the basic statistics. In the next section, the thesis is focused on the classification of debts and the possibility of creditors to submit their claims in an insolvency proceeding. It also deals with special cases that may occur. The final part of the thesis describes an example application of claims in practise, incl. complications that the creditor must solve.

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..

Thesis, theme: Assets Author: Jana Beránková English Summary Assets in the insolvency proceedings is the subject of the submitted thesis. Assets is one of the fundamental legal institutions in insolvency proceeding, which forms the basis of the solution of the bankruptcy. Thanks to the precise definition of assets, accurately defined inventory of assets, and its breakdown (in relation to the debtor, creditors, and other persons), there is a fundamental and qualitative change as opposed to the legislation of the law on bankruptcy and settlement. This significant change occurred on the day of January the first 2008, when the Czech law of insolvency entered a new phase. The new insolvency act was passed, and at the same time the law on bankruptcy and settlement was invalidated. The new legislation does not solve bankruptcy only of the bankruptcy and composition, it uses the general concept of defaults that suggests this is a completely different solution concept. The insolvency area is understood much more comprehensively. The bankruptcy act use not the term "bankruptcy", but the assets. It's completely new term and new defininition of contents, not just the change of the name. In the original treatment the term bankruptcy applies onl y to the bankruptcy proceedings. On the contrary, the bankruptcy act defines...