Lodging of claims in insolvency proceedings Abstract The goal of this thesis is to analyze legislation and court decisions concerning the lodging of claims in insolvency proceedings, from the lodging itself to the admission of a claim or the termination of creditors participation in the proceedings. Throughout the thesis, the author describes specific institutes that pertain to lodging of claims and at the same time points out, how they cohere. The thesis is divided into six parts, which are further split into chapters and sections. The aim of the first chapter of the thesis is to acquaint a reader not versed in insolvency proceedings with its essence, inasmuch is necessary for their understanding of the more specific topic of the lodging of claims. The second part focuses on the concept of claims and their definition within insolvency law. A large segment of this part deals with differentiating claims based on various criteria, with emphasis on the legal ramifications of such differences. The thirds part deals with the act of lodgement of claims itself. The goal of this part is to define the lodgement of claims as a legal action within a proceedings - especially to describe its necessary form, contents and proper approach for its submission. The fourth part focuses on how the creditor might change or...

The Position and Application of Claims of the Secured Creditor in Insolvency Proceedings Abstract The topic of this thesis is the position and application of claims of the secured creditor within the special and to some extent independent type of civil court proceedings, which is insolvency proceedings. The object of insolvency proceedings is the bankruptcy or imminent bankruptcy of the debtor and the method of its resolution. It is more than clear, that the creditors who are involved in this proceedings have an interest in ensuring that their claim is satisfied as much as possible. The aim of the paper, as its name itself suggests, is not a general description of the course of insolvency proceedings, but a comprehensive analysis of the position and application of claims of the secured creditors. In the insolvency law, we understand the concept of secured creditor somewhat more narrowly compared to the general substantive law, which is based on the Civil Code. Indeed, the Insolvency Act defines who is deemed to be a secured creditor for the purposes of insolvency proceedings, and this definition does not include all types of security institutes known to us from substantive law. When examining the issue, I proceed from the relevant legal regulations, relevant case law of the higher courts of the Czech...

Reorganization under insolvency law Abstract The goal of this diploma thesis "Reorganization under insolvency law" is to provide coherent description of the most important legal institutes of reorganization, which is non-liquidation form of solution of bankruptcy and analysis of these institutes. Reorganization is regulated by the Act. No. 182/2006 Coll, on insolvency and modes of its solutions. The thesis is divided into two parts that are further divided into chapters and subchapters. The first part describes institutes of insolvency proceedings that are common to all forms of solution of bankruptcy with focus on reorganization. This part is divided into five chapters that describe initiation of insolvency proceedings, bankruptcy, content and essentials of motion on insolvency, effects of initiating insolvency proceedings and consideration of motion on insolvency and court decision about it. The second part contains analysis of the reorganization from its start to its end. This part is divided into eight chapters which explain institutes of reorganization in detail. First and second chapter provide a definition of the reorganization and admissibility of reorganization as defined by law. Third and fourth chapter describe motion on permission of reorganization and the method of its approving by creditors...

Insolvency administrator and his role in insolvency proceedings Abstract The thesis deals with the professional requirements for an insolvency administrator and his status and activities in the insolvency proceedings. Considering the frequent amendments of the legislation regulating insolvency proceedings, including the rights and obligations of the insolvency administrator, this is a particularly relevant topic. The aim of the thesis is to provide a comprehensive overview of the conditions which must be met to become an insolvency administrator, what role the insolvency administrator performs in insolvency proceedings and what are his most important rights and obligations. The thesis is divided into six chapters. The first chapter deals with legal regulations governing the status and activities of the insolvency administrator and includes, in particular, two fundamental acts and their implementing decrees. The second chapter addresses the person of the insolvency administrator from a professional perspective, that is to say, what are the preconditions for obtaining permission to practise as an insolvency administrator and under what conditions the authorisation to practise ceases. Furthermore, the chapter covers the area of the list of insolvency administrators and the way in which insolvency...

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...

Reorganization under insolvency law Abstract Diploma thesis from quite vague scope, as reorganization apparently is, focused on specific areas in insolvency proceedings and trying to bring a more concrete point of view and a more detailed perspective. Those areas include problems of suitability research that can be use by reorganization institute, as fundamental remediation for solving bankruptcy for various situations. Focus is on both economics, also a legal assumption of the feasibility of reorganization, yet to increase an emphasis on examining the motivation of people, who apparently can affect the enforcement and can significantly affect the implementation of reorganization. Determination process of appropriate way to resolve the insolvency situation is closely related to its solution and is also more detail explained in thesis. As a main key is considered to have enough and sufficient information about debtor's creditors. Valid legal problems and regulations of compiling a professional assessment, which might lead to better knowledge for creditors. In this context, some legislative proposals aimed at improving the usability of assessment in the reorganization are also mentioned. Within the whole work, emphasis is placed on the topics discussed, not only with regard to the recent legislative changes....

The Role of Debt in an Insolvency Proceeding Abstract The thesis aim's to analyze the process of claims in a broader sense: from the filing of the claim, through its review by the insolvency court and the insolvency administrator, to (in the most ideal case) the satisfaction of creditors. The thesis deals with the issues of the claims process and the claims themselves. The analysis of the topic is based mainly on the applicable legislation, current case law, the opinions of professionals in professional articles, and a questionnaire survey. Insolvency law is an essential part of the legal system as it reflects the current economic state of modern society. The topic is topical because the field of insolvency law is constantly being amended, one of the sources of these amendments being changes in social conditions. The legislator aims to make the institution of debt settlement available to a wider range of debtors through amendments to the Insolvency Act and thus reintegrate them into economic life as soon as possible. The thesis is divided into four chapters. The first chapter deals with the description of individual types of claims and their breakdown. The remaining chapters follow the claims process. The second chapter describes the application of claims, including the form and requirements of a claim...

1 Filing claims in insolvency proceedings Abstract The topic of this master's thesis is the issue of filing claims in the Czech insolvency proceedings, especially the lodging of claims but also other ways of filing claims. Furthermore, the thesis deals with the legal regulation of lodging claims in European insolvency law. Finally, the subject of the thesis is the evaluation of the position of creditors and debtors in insolvency proceedings with a detail on discharge of debt. The aim of this thesis is to comprehensively elaborate on the issue using the Czech legislation and the European Union legislation. To deepen the legal analysis of the filing of claims the author uses already established court practice and other case law conclusions of higher courts, as well as professional literature. In addition to the descriptive method of defining the issue, the author also applies her own evaluating conclusions and considerations and uses the experience gained from her insolvency practice. The author describes the system of lodging claims including the analysis of the deadline for lodging claims and disputes arising from this regulation and further deals in detail with the lodgement form, its submission and the creditor's responsibility for the correctness of the lodgement. The author characterizes specially...

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...

Tarybos reglamentas (EB) Nr. 1346/2000 dėl bankroto bylų yra keturiasdešimties metų pastangų harmonizuoti tarpvalstybinio bankroto jurisdikcijos taisykles Europos Sąjungos kontekste rezultatas. Derinant dviejų tarptautinio bankroto reguliavimo modelių – universalaus ir teritorinio – principus, reglamente įtvirtinamos skirtingos jurisdikcijos taisyklės priklausomai nuo to, ar keliama pagrindinė ar šalutinė (teritorinė) bankroto byla. Magistriniame darbe aptariamas jurisdikciją iškelti pagrindinę bankroto bylą lemiančio kriterijaus – pagrindinių turtinių interesų vietos – turinys. Darbe daroma išvada, jog reglamente nėra nustatyta aiškaus pagrindinių turtinių interesų vietos turinio. Tai skatina nevienodą reglamento nuostatų, susijusių su teismo jurisdikcija iškelti skolininkui pagrindinę bankroto bylą, aiškinimą ir taikymą Europos Sąjungos valstybėse narėse. Jurisdikcijų kolizijos problema reglamente sprendžiama įtvirtinant pirmumo taisyklę, pagal kurią sprendimas iškelti bankroto bylą turi būti automatiškai pripažįstamas visose kitose valstybėse narėse nuo tada, kai sprendimas įsiteisėja bankroto bylą iškėlusio teismo valstybėje narėje. Darbe aptariamos palankesnės teisinės padėties ieškojimo galimybės. Autorius daro išvadą, jog pasirinktu reguliavimu vienas iš reglamento tikslų – panaikinti tiesines prielaidas palankesnės teisinės padėties ieškojimui perkeliant turtą ar teismo procesą iš vienos valstybės narės į kitą – nėra iki galo pasiektas. Šią prielaidą lemia dvi... [toliau žr. visą tekstą] / Council Regulation 1346/2000 on Insolvency Proceedings is the outcome of forty years of efforts to harmonize the rules regarding the jurisdictional issues on cross-border insolvency in the context of European Union. By combining the two models of international insolvency proceedings – universality and territoriality – the Regulation provides different jurisdictional rules on cross-border insolvency proceedings depending on whether the main insolvency proceedings or the secondary insolvency proceedings are going to be opened. The Master thesis deals with the content of the category determining the jurisdiction to open the main insolvency proceedings, i.e. the centre of main interests. As a result the Thesis concludes that the Regulation does not provide the explicit content of the centre of main interests’ category. Therefore it encourages the different interpretation and application of Regulation’s provisions related to the opening the main insolvency proceedings by the courts of Member States. Regulation deals with issue regarding the jurisdictional conflicts by determining the priority rule under which the judgment opening the insolvency proceeding should be automatically recognized in all other Member States from the time that it becomes effective in the State of the opening of proceedings. Master thesis deals with the issues regarding the seeking to obtain a more favorable legal position (forum shopping). The Author concludes that on of the main aims of this Regulation –... [to full text]