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...

The thesis "the growing indebtedness of Czech households: a case study of single mothers" deals with the issue of indebtedness of Czech households with a focus on single mother's debt. This is a topic not too popular, but in this time of increasing household debt is still very topical. The primary objective of this study is to determine what are the causes of indebtedness of single-parent families (single mothers). In addition, determine whether it is appropriate to deal with the problem in general or specifically focusing on a particular group. Finally, the author deals with the topic of social networks, which may or may not have an effect on the debt ratio of the selected groups of people, and also focuses on finding, if enough of the non-profit organizations that can help single mothers complex living situation. The author uses to fulfill the aforementioned objectives analysis of documents, analysis of the relevant legal framework, in particular, of law No 182/2006 Coll. on bankruptcy and the ways of its solution, further analysis of the service and consultancy activities relating to the non-profit sector, the analysis of technical articles from abroad (for inspiration this solution in the Czech Republic) and finally carries out qualitative half structured interviews with the actresses and also with the...

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...

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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...

Yes / This paper investigates the relation between insider trading and the likelihood of insolvency with a specific focus on the directors’ sale and purchase transactions preceding insolvency.We use a unique data set on directors’ dealings in 474 non-financial UK firms, of which 117 filed for insolvency, over the period 2000–2010.We show that the directors of insolvent firms increase their purchase transactions significantly as the insolvency approaches. The results also reveal a significant relation between three different measures of insider trading activity and the likelihood of insolvency, which is observed to be positive only during the last six-month trading period. The relation is negative for the earlier trading periods. While the earlier purchase transactions appear to be motivated by superior information held by insiders, the purchase trades closer to the insolvency date are possibly initiated by directors’ motives to influence the market’s perception of the firm in an attempt to avert or delay insolvency.

No / This paper investigates the impact of corporate ownership and control on the outcome of financial distress. It is argued that the likelihood of financial distress resulting in insolvency depends on whether firms have controllers, the type of controllers and their cash flow ownership. Using a sample of 484 UK firms, 81 of which filed for insolvency, we show that financially distressed firms with controllers are more likely to be insolvent than widely held firms, where the probability of insolvency is greater when controllers are family or financial institutions. However, the probability of insolvency reduces significantly as the controllers’ cash flow ownership increases beyond 10%

Ziel der vorliegenden Arbeit ist es, die Kritik an der Vorsatzanfechtung nach § 133 Abs. 1 InsO a.F. herauszuarbeiten und zu diskutieren. Zudem gibt die Arbeit einen Überblick über die Gesetzesreform vom 29.03.2017 (BGBl. I S. 654). Zunächst werden die Voraussetzungen der Vorsatzanfechtung dargestellt und die Auslegung dieser Voraussetzungen durch die Rechtsprechung anhand von Beispielen herausgearbeitet. Die Arbeit zeigt die Kritik an der dargestellten Rechtsprechung auf und setzt sich mit verschiedenen Lösungsansätzen und Argumentationssträngen der juristischen Lehre auseinander. Die Autorin entwickelt einen eigenen Ansatz, der an dem Vorsatzbegriff anknüpft und unterbreitet einen Vorschlag für eine Gesetzesänderung. Im Anschluss wird die Reform der Insolvenzanfechtung besprochen. Dabei fragt die Autorin kritisch, ob die Reform als Erfolg zu bewerten ist. / The aim of this paper is to elaborate and discuss the critique of the contestation of an intentional preference according to § 133 para. 1 InsO previous version. In addition, the work gives an overview of the legal reform dated 29.03.2017 (BGBl. I p. 654). First of all, the prerequisites for contesting an intentional preference are presented and the interpretation of the prerequisites by the jurisprudence is displayed on the basis of case law. The work illustrates the critique of the reviewed case law and discusses the different solutions and lines of reasoning presented in legal academia. Subsequently the author develops her own approach, which ties in with the concept of intent, and submits a proposal for an amendment of the law. Finally, the reform of the contestation of an intentional preference is discussed. The author critically evaluates whether the reform should be considered a success.