The purpose of this thesis was to analyze procedure of the creditor in case of insolvency of the debtor with a focus on the process of applying receivables in the insolvency proceedings, reviewing the registered receivables by the insolvency administrator, denying the registered receivables by the entities who have the right to deny receivables and the further fate of receivables that were denied. All this, taking into account the case law that relates to this issue, and in comparison with knowledge from the practical application of insolvency law institutes. The intention of the author was to provide a qualified discourse on the process leading to the determination of the receivable in insolvency proceedings, taking into account the pitfalls that can meet the receivable on this path. The author has divided the thesis into six main chapters, which are further divided into subchapters. The first chapter deals with the phenomenon of insolvency and deals in general with insolvency proceedings and the evolution of insolvency law in the Czech Republic. In the second chapter, the author focuses on the person of the creditor, i.e. the one who participates in the insolvency proceedings in order to satisfy his receivables. This chapter is divided into two subchapters, the first of which deals generally with...

Rights and duties of the insolvency trustee in bankruptcy The topic of this Master's thesis is rights and duties of the insolvency trustee in bankruptcy. The aim of the thesis is to describe activities of insolvency trustee that are related to the solution of debtor's decline by bankruptcy. The insolvency trustee is an important subject of insolvency proceedings; in the case of bankruptcy his task is primarily related to activities associated with the estate, with its liquidation and distribution of proceeds. First chapter focuses on insolvency proceedings in general. First part deals with historical context; second part analyzes the process of insolvency proceedings with a respect to different ways of resolving the debtor's decline - reorganization, discharge from debts and specific ways (i.e. a slight decline and the bankruptcy of financial institutions). In the next chapter, the bankruptcy is discussed as another way how to solve the debtor's decline, regarding to the subject of the thesis. The third chapter is divided to two sections. The first analyzes the term "insolvency trustee" and also defines specific types of this subject of insolvency proceedings. Individual subsections focus on the each specific type. The second section deals with responsibility of insolvency trustee. The last and...

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

The main goal of this thesis called "The institute of administration in Czech and English law and its application in practice" is to provide an overview of insolvency administration, its regulation and practical application in the Czech Republic and in England, to verify the hypothesis that administration, as a rescue solution for insolvency of companies, is, in comparison with the situation in England, being used insufficiently in the Czech Republic and its success rate is also low, as well as concluding, what is the reason of this situation. This goal has been fulfilled in four chapters. The first chapter contains the general definition of administration, its position in the system of insolvency law as well as an overview of its historical development. In the second chapter is described the practical usage of this legal institute in the Czech Republic, and this is done through an analysis of applicable law regarding administration but also insolvency proceedings as a whole, as well as analysis of available data regarding the application of administration, probability of its usage as well as positive outcome, in practice. The same is done for England in the third chapter, so the hypothesis can be validated and its causes analysed in the fourth chapter. As a result, the hypothesis has been proven....

Discharge - as one of modes of resolving insolvency Abstract Discharge from debts is one of modes of resolving insolvency according to Czech Insolvency Act (Act N.182 / 2006 Coll.). Discharge is ranked among so-called rehabilitation modes of resolving insolvency, whose purpose is not only the highest possible satisfaction of creditors, but also the protection of a debtor against unfavorable consequences of the insolvency proceedings. Discharge can be used to resolve insolvency of non-entrepreneurs and small businessmen. The purpose of this thesis is to comprehensively characterize discharge from debts as one of rehabilitation modes of resolving insolvency, describe all phases of the discharge procedure and focus on some specific problems of this institute. The thesis is composed of six chapters. Chapter One focuses on general characteristics of the rehabilitation modes of resolving insolvency. At the very beginning there is a definition of bankruptcy and a basic description of rehabilitation modes, followed by brief historical overview of Czech insolvency law. Last part of this chapter deals with rehabilitation modes in Insolvency Act and brief description of reorganization and discharge with emphasis on its personal applicability. Chapter Two concerns with a commencement of insolvency proceedings. It...

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 to compare the effects of bankruptcy and reorganization. In 2008, the new Insolvency Act come in force, which should facilitate the reorganization of companies i.e., maintaining their operation with the same or similar production program, or range of offered services. The intention of this work is to evaluate the effect of the practice of law in a few specific cases. The aim of analysis of these examples was to determine whether borrowers use this new option of the solution of bankruptcy or why reorganizations do not take place more.

Status of insolvency practitioner in insolvency proceedings Abstract This diploma thesis provides a comprehensive legal analysis of the status of the insolvency practitioner not only at the very beginning of insolvency proceedings until filing the final report at the end of insolvency proceedings, but also an analysis of the insolvency practitioner profession itself, including the legal conditions imposed on the insolvency practitioner necessary to obtain a license to perform activities as an insolvency practitioner. The first chapter is a short historical excursion across the legal regulations of the status of insolvency practitioner from the Imperial Decree of 1869 to the present. The second chapter is devoted to the authorization to perform the activities of an insolvency practitioner including its eventual termination or cancellation by the supervisory authority. It discusses in detail the conditions that an insolvency practitioner must meet to be licensed to perform the activities of an insolvency practitioner by the Ministry of Justice of the Czech Republic, and the second part it deals with the professional examinations of insolvency practitioner. The third chapter discusses the procedural status of the insolvency practitioner with a special focus on the person of the insolvency practitioner with a...

Le nantissement de créance a longtemps été délaissé par les acteurs économiques en raison du régime juridique inadapté qui lui était applicable. Les dispositions concernant le nantissement de créance mises en place par l’ordonnance du 23 mars 2006 relative aux sûretés ont permis de rendre cette garantie attractive pour les créanciers grâce à l’élaboration d’un régime adapté, cohérent et souple.La pratique a toutefois révélé certaines incertitudes dues aux imprécisions des dispositions actuellement en vigueur, source d’un important contentieux et d’insécurité juridique pour les parties.Cette insécurité est accrue au moment où les créanciers ont besoin de s’assurer de l’efficacité de leur sûreté, c’est-à-dire en cas d’ouverture d’une procédure collective à l’encontre du constituant.En effet, l'évolution du droit des entreprises en difficulté a conduit à la mise en place d’une protection accrue du débiteur et une recherche de maintien de l'activité de l'entreprise. Afin de parvenir à cet objectif, les droits des créanciers sont considérablement restreints puisqu'ils sont soumis à une discipline collective et ne peuvent notamment plus poursuivre le paiement de leur créance, ni procéder à la réalisation de leur sûreté.Ainsi, l’étude du fonctionnement du nantissement de créance est nécessaire afin de déterminer si cette sûreté peut être efficace pour le créancier nanti si une procédure collective est ouverte à l’encontre du constituant.Il convient de démontrer que l’efficacité du nantissement de créance dépend des droits qu'il confère au créancier, tels que la notification de la sûreté et le droit exclusif au paiement de la créance nantie. Néanmoins, cette garantie ne trouvera réellement sa place parmi les sûretés les plus protectrices que si ces prérogatives lui sont reconnues également en cas de procédure collective.L'examen du fonctionnement du nantissement de créance et des droits qu'il confère permet de mettre en exergue la possibilité pour le créancier nanti d’exercer et de conserver son droit exclusif au paiement même après le jugement d'ouverture, ce qui confirme l'efficacité de cette sûreté. / Pledges over receivables have long been neglected by actors of the economy because of its inadequate legal system. But since the order from March 23rd, 2006 and the new provisions regarding security it implemented, the consistent, appropriate and flexible system has become more attractive for creditors.In practice however, the current provisions are too imprecise to reassure the involved parties who remain uncertain and insecure in their litigations.This uncertainty increases when creditors need to ensure that their security is efficient, i.e. when launching collective insolvency proceedings against the grantor.Indeed, the debtor has become more protected with each alteration of bankruptcy proceedings law which seeks to keep companies active. To that end, creditors’ rights have been greatly restricted: they are subjected to collective discipline and cannot continue paying their receivables.In this context, it appears necessary to study pledges over receivables to ascertain if said security can work for the secured creditor in case of collective insolvency proceedings against the grantor.We shall demonstrate that the efficiency of pledges over receivables depends directly on the rights it gives to the creditor, such as notifying the security and granting exclusive right of payment of the secured receivable. However, this guarantee can only become one of the most protecting securities if these rights are also granted in case of collective proceedings.By examining how pledges over receivables and the right they grant work, we can highlight the possibility for the secured creditor to exercise and keep their exclusive right of payment, even after the opening judgment; thus confirming the efficiency of the pledge over receivables.

L’extension de la procédure collective pour confusion des patrimoines permet de soumettre une pluralité de débiteurs à une unique procédure collective. Les récentes réformes ont profondément modifié la nature de ce mécanisme : longtemps perçu comme une véritable sanction, ce dernier tend de plus en plus à être utilisé comme un simple outil de restructuration, voire de protection. Ses effets autrefois redoutés sont aujourd’hui recherchés. La thèse révèle la complémentarité de ces derniers dans le traitement des situations de confusion des patrimoines et propose plusieurs solutions permettant d’assurer leur prévisibilité. Elle suggère également plusieurs pistes de réflexion permettant de mettre en adéquation les cas de recours au mécanisme à la nature particulièrement originale des effets produits par ce dernier. / Extending a collective insolvency procedure in the case of estate compels a number of debtors to comply with a unique collective procedure. Recent reforms have deeply modified the nature of this mechanism: for a long time perceived as a sanction, it is now used as a simple tool for restructuring, and to an extent a tool for protection. Its consequences were once dreaded, whereas now they are coveted. This thesis enhances the complementarity that exists between the latter when dealing with situations of estate confusion and offers several solutions enabling foreseeability. Furthermore, it opens up to several lines of thoughts that can correlate cases when resorting to this mechanism to the particularly original effects generated by the latter.