This thesis discusses insolvency proceedings regarding an insolvency of one or both spouses. The author aims to explain problems occurring during such insolvency proceedings. The thesis is not limited to a description of these procedural peculiarities, but also discusses their impact on the matrimonial property. The author addresses above all a debt discharge and a bankruptcy, for these are the most frequent mechanisms to resolve an insolvency of the debtor. On the contrary the author does not address the reorganization, for it is not very frequently used in practise. Furthermore, the author does not address a position of legal persons in insolvency proceedings, since it is not of any importance for this thesis. The author only describes the current legislation as it is. The author therefore neither discusses legislation and court rulings prior the 2013 insolvency act revision, nor considers the revision of the insolvency law that is currently (2017) under way. The thesis is divided into four chapters. In the first chapter, the author briefly discusses matrimonial property law, since it is essential in order to understand legal arguments in the third and fourth chapter of this thesis. Similarly in the second chapter the author briefly introduces insolvency proceedings and establishes essential...

The aim of this thesis is to describe and bring the issue of the position of spouses in insolvency proceedings to the reader. In last few years this issue has become more and more relevant and brought a lot of questions and problems to case law but also to the legislation that deals with it. The thesis is divided into three chapters. Chapter One introduces the basic terminology used in the thesis to the reader in order to help him or her understand issues presented later. The definitions of following concepts may be found in this chapter: insolvency proceedings, insolvency and its solution modes, marriage, common property of spouses and the estate in insolvency proceedings. Chapter Two deals with the discharge of the debts of spouses which represents the new legal institute adopted by Act No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency and its solution modes (Insolvency Act) and Act No. 312/2006 Coll., on insolvency administrators (hereinafter referred to as "revising amendment"). The first subchapter briefly illustrates the previous legislation so the reader can compare the differences and note the changes brought by the revising amendment. The following subchapters describe the whole process of discharge of the debts step by step concentrating on the specifics of...

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 Title of the Diploma Thesis The issues of the community property in insolvency proceedings, with the emphasis on the property and common discharge of debts. Resume: The aim of this thesis is to map the field of the issues of the community property in insolvency proceedings; both in case of solving the insolvency of the debtors through discharge of the debts and in case of the bankruptcy. These are very hot issues because the current legal regulations are insufficient in their reaction to the problems which appear in common practice. Another reason is the wide variety of these problems which the practice brings and which cannot be answered with the help of the law. I tried to point out some of them and in the second part of the thesis to propose some particular cases and their solutions. Regarding the contents of this thesis it is divided into two parts, namely theoretical and practical. The first part also contains in its introduction the evaluation of the current legal regulations and the amendments being prepared, in particular the amendment No. 64/2017 Coll., which will be effective since 1st July 2017 and brings a lot of essential changes. Further I focused on the terms community property (its formation, termination, object and potential modifications) and the term property (its securing and extent,...

This diploma thesis describes the main specifics of position of spouses in insolvency proceedings, which is recently more and more relevant, but there is a lot of application and interpretation ambiguilties, which are related with this topic. This problem is by degrees solved by case law. The content of the diploma thesis is divided into four chapters. In the first chapter, the author gives a brief description of the history of the insolvency proceedings. The author's attention is paid especially to the regulation, which preceded the force of the Act. No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency and its solution modes (Insolvency Act) and Act No. 312/2006 Coll., on insolvency administrators. The emphasis is placed on the three ways of discharge of debts, which were possible for spouses in that time. The second chapter, defines terms, that are closely related to the topic and are necessary for further treatise of insolvency proceedings. These are marriage, common property of the spouses, insolvency proceedings and its solution modes. The third and also the main chapter of the whole work is devoted to discharge of debts of spouses. It is a relatively new institute, which was regulated by the Act No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency...

Thesis title: Reorganization under Czech legal regulation Main goal of this diploma thesis is to describe and to analyze the applicable legal regulation of reorganization, contained in Act No. 182/2006 Coll., on insolvency and modes of its solutions. Reorganization, as governed today, represents one of the rescue modes of resolution of insolvency, suitable mainly for the mid-sized to large enterprises. Although even after meeting of all the conditions for its allowance by court, it cannot be understood as a solution for everybody, it represents an interesting alternative to the bankruptcy, leading to the winding-up of the particular company. The diploma thesis is divided into fourteen chapters in total. The first two chapters are dedicated to general issues, i.e. to the definition of the concept of the insolvency proceedings and of its legal regulation, as well as to the legal regulation of reorganization. The emphasis therein is given to the character and goal of the insolvency proceedings, with focus on the interpretation of the concept of "principally proportionate satisfaction of creditors" as one of the key concepts determining the main purpose of insolvency proceedings. Third chapter reflects the basic overview of the process of insolvency proceedings until the issuance of the court decision...

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 diploma thesis deals with issues of the insolvency proceedings with further focus on methods of valuation of assets and creditor's claims. The thesis defines the basic terms of insolvency law and outlines the insolvency procedure. The following parts describe the basic principles of valuation in accounting and business valuation methods. The practical part deals with the analysis of the specific insolvency proceedings against NERIA a.s., focusing on the assets and its valuation.

The aim of this thesis is to analyze the process of reorganization under the US laws and accounting standards. The first chapter contains legislation, description of the parties and their role during the insolvency proceedings. It covers the role of the debtor, creditors, creditors' committee, insolvency trustee and insolvency court throughout the insolvency proceedings. The second part focuses on accounting under US GAAP based primarily on the ASC 852, which describes in detail the cases and items that are treated differently during the reorganization. The third part includes legal and accounting analysis of the American paper company NewPage Holdings Inc., which successfully emerged from bancruptcy in 2012.

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.