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

The main objective of this thesis is to provide a comprehensive description and an analysis of a remediation solution in the insolvency proceedings, the reorganization under the Czech law and a comparison with French applicable law of restructuring. Act. No. 182/2006 Sb., hereinafter called as Insolvency Act, became effective on January, 1st 2008. After economic crisis between the years 2007 and 2009 was proved the urgency to modify an unsuitable and outdated Czech law from 1991. Insolvency act brought many new institutes mainly to the Czech procedural law and finally it set up new methods for insolvency non-liquidation resolution - reorganization. Institute of reorganization utilizes varying restructuring methods principally intended for large businesses that fulfill the conditions of the reorganization proceedings. The thesis is divided into twelve chapters. First eight chapters are providing the reader with fundamental elements of insolvency proceedings that are necessary for the overview of the reorganization proceedings. These chapters are further divided into smaller parts covering the description of the historical development, explanation of bankruptcy, parties to the insolvency proceedings, insolvency petition, automatic stay and insolvency estate. The most important part of this thesis the ninth...

This thesis focuses primarily on the field of European cross-border insolvency law, currently represented by the EU Regulation on Insolvency Proceedings (EC No 1346/2000). The EU Regulation considered theoretical conflict between advocates of universalism and territorialism, and is generally regarded as reflecting it in a way of modification, which is represented by distinction between main and ancillary insolvency proceedings. Determination of international jurisdiction in the main insolvency proceedings is inherently linked with the criteria of the centre of main interests (COMI), which serves as a specific connecting factor to constitute both the court with jurisdiction and applicable law, for the purpose of the whole insolvency process in accordance with the principle lex fori concursus. The COMI concept is the root of the jurisdiction trouble, thus this thesis aims at providing substantial information on the concept, since the EU Regulation neglects its proper introduction. One of many issues related to COMI conception is a phenomenon of forum shopping, term used to describe situations when debtors manipulate with facts relevant for establishing jurisdiction, in order to obtain more favourable position, usually at creditors' expense. The thesis also deals with another important initiative in...

1 Abstract Invalidity and Ineffectiveness of Legal Acts in Insolvency Proceedings The purpose of my thesis is to describe and analyse statutory framework of rules which prevent underlying assets from being unlawfully reduced. The thesis is composed of five chapters which are divided into subchapters. The core of the thesis lies in chapters 4 and 5. Introductory chapter explains collective essence of insolvency proceedings in which claims of creditors are satisfied proportionally. Then it clarifies core of this thesis, i.e. analysis of acts, whom debtor reduces underlying assets, or rather his creditors. It also explicates changes in terminology, which are caused by recodification of civil law. Chapter Two describes development of ineffectiveness since Roman law until the present. Third chapter, concerning civil law, is subdivided into four subchapters. The first defines legal act. Second describes its invalidity. The third, which is most extensive, deals with relative ineffectiveness in civil law. Its parts relate to the reasons of ineffective legal acts, trials about them and consequences of ineffectiveness. Last subchapter summarizes opportunities of application this rules in insolvency proceedings. Chapter Four which concerns insolvency proceedings is divided into two subchapters. The first of them deals...

This work aims to provide a comprehensive overview of the raising the claim in the insolvency proceedings. There is an explanation provided for each type of claims together with practical examples targeting the most problematic aspects of application of Act No. 182/2006 Coll., on bankruptcy and means of resolution thereof (hereinafter "The Insolvency Act").The work is not limited only to a process of raising the claim in insolvency proceedings but it systematical describes further existence of raised claim in the insolvency proceedings. There are also two more chapters dealing with the review of claims and their satisfaction. The work deals with the effective legislation, meaning the insolvency act. There is pointed toward the specific legislation in specific cases when adequate. This legislation is contained in the Act No. 328/1991 Coll., on bankruptcy and settlement (hereinafter "The Bankruptcy and Settlement Act"). I also took into account the significance of the novelization of the insolvency act number 294/2013 Sb. (so called revision novelization) and I point out the cases of modifications based on this novelization.. I also refer to the previous legislation contained in the bankruptcy act. Together with this I explain the development of insolvency law from the adoption of an insolvency act until now....

The thesis named The solution of insolvency of a debtor by his discharge focuses on characteristics as way of solutions of insolvency of a debtor - discharge according to Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The whole thesis is divided into five chapters. The core of the thesis is in the third chapter dealing with the discharge of the debt. The first and second chapter deals with insolvency proceedings and the bankruptcy and its solutions. The bankruptcy and its variants are defined here as well as the description of rehabilitation and liquidation solution of insolvency. The fundamental and the largest chapter is the third chapter, which deals with the institute of the discharge as one of the rehabilitation solution of the insolvency of a debtor. In subchapters there are described forms of debt discharge, audition, payment schedule and combination both of these. The advantages and disadvantages are mentioned for each form of debt discharge. The course of the insolvency proceedings is described from the submission the insolvency petition until the end of the insolvency proceedings including the decision on fulfillment of discharge and release from debts. The statistics relating to insolvency proceedings focused on discharge are analyzed in fourth chapter, the...

Title of the Master's thesis: The solution of bankruptcy in the form of reorganization Summary The main objective of this diploma thesis is to provide a sufficient description and analysis of the solution of bankruptcy in the form of reorganization which is regulated by the Act. No. 182/2006 Sb. The complex issue of reorganization is essentially a method for non-liquidation solution of bankruptcy usable only in the case when a debtor is an entrepreneur. It uses various methods of restructuring debtor's business in order to satisfy the creditors to a greater extent than in the case of liquidation solution of bankruptcy. The thesis is divided into fifteen chapters that are further divided into subchapters. Chapter one briefly describes the history of bankruptcy law. The second chapter is an explanation of nature of insolvency law focusing also on the economic aspect of insolvency. The following chapter defines bankruptcy within the meaning of applicable legislation. The existence of bankruptcy is essential for insolvency proceedings at all. The most important subjects of insolvency proceedings are parties to the proceedings. Their position is described in detail in the fourth chapter. Chapters five to thirteen then provide detail analysis of the institute of reorganization. There is provided a definition of...

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

The legal enactment No. 182/2006 Sb., Insolvency Act that came into force on January 1st 2008 introduced the new concept of Discharge of Debts in the Czech Law system. This mode of solution is intended solely for non-entrepreneurs (this institute cannot be used for companies or individual entrepreneurs). Personal bankruptcies account for the majority of insolvency proceedings in the territory of the Czech Republic and it can be assumed that this long-lasting trend will continue to grow. The institute of Discharge of Debts gives consumers an effective opportunity to legally get rid of their debts through one of two ways, namely repayment schedule and sale of the debtor's assets, and start again with a clean slate as an active member of the Economic Society. The aim of this thesis is to give a comprehensive analysis of the institute of Discharge of Debts, from defining the causes that lead to bankruptcy, interpretation of basic concepts, to the description of the necessary proceedings leading to the declaration of bankruptcy, process of Discharge of Debts itself and differences of its two basic ways. This theoretical basis is supplemented by my knowledge that I have gained during my internship in a law office, which also performs the function of insolvency trustee. The thesis is composed of eight...

v anglickém jazyce The subject of presented Master's degree thesis is Raising claims in insolvency proceedings. The purpose of this thesis is to analyze this issue from the view of present legislation and judicial decisions and to point out some interpretation problems. Recent amendments of legal regulation as well as proposed bills were taken into account too. This thesis is divided into nine chapters. Chapter One introduces an initial part of insolvency proceedings, which starts with the commencement of insolvency proceedings and ends with the decision on the bankruptcy. It is concerned with an insolvency petition and analyzes its requirements and effects. This is followed by description of a court procedure regarding the alternatives of decisions on the insolvency petition. The consequences of unfounded insolvency petition and subsequent liability of petitioner were not left without attention as well. Chapter Two is focused on the creditor as a participant in the insolvency proceedings. Creditors are divided into five groups by the character of their claims. In these groups is a position of creditors in the proceedings defined especially with regards to the way of raising their claims. Next two chapters represent the key part of this thesis. As its title suggests, it relates to raising claims in...