Yes / The March 2023 bank failures of SVB, Signature and Credit Suisse, which caused turmoil in financial markets and led to regulatory and central bank intervention, revived the debate about the effectiveness of the bank crisis management, resolution and deposit insurance legal framework established after the Great Financial Crisis (GFC). Although the March 2023 events did not escalate into a full-blown financial crisis, they drew attention to certain areas of the current framework where improvements may be needed. These areas include the need of financial regulation and supervision to focus more on small and medium size banks as potential sources of systemic market events; to review the adequacy of the current deposit insurance regime and the treatment of uninsured deposits; and to provide more clarity about the order of creditor claims in case of bank resolution/insolvency. The article reviews the events of March 2023, the key lessons from these events and discusses how these lessons could shape the frameworks for Bank crisis management and resolution in India and the European Union. The two jurisdictions are in the process of updating their laws in this area and the March 2023 events could influence the relevant decisions.

English summary The aim of my thesis is to analyze the Institute of assets in insolvency proceedings, which will try to break down with regard to the structure of the provisions governing it in the Insolvency Act and also to make a comparison with the bankruptcy in the Act on Bankruptcy. With regard to the re-codification of private law and consequently the planned amendment to the Insolvency Act, it is necessary to further outline the changes of assets which that amendment would bring. I chose the topic of my thesis because of interest in the legal industry and also because of the knowledge of insolvency law with regard to the increasing importance of this area of law as a result of the increasing number of bankruptcies. The thesis is divided into six chapters dealing with various aspects of the assets. The first chapter provides a basic definition of assets and defines its scope, which is different according to the person lodging the bankruptcy petition. This chapter also sets out specific things, rights and other assets belonging to the assets or y those that do not belong. The second chapter discusses the process of identifying the contents of the assets. This chapter describes the different procedures and privileges of insolvency administrator. It also describes the obligation of debtor, public...

The position of insolvency trustee and its equivalent under the laws of Kingdom of Spain The purpose of this thesis was to describe main features of Czech and Spanish legal regulation of insolvency trustee respectively insolvency administration and also to point out to some of the major differences between these two legal orders and pros and cons of concrete legal regulation. This thesis is divided into five chapters. Opening chapter reflects a concept of insolvency law and its understanding and basic characteristic in the Czech Republic and the Kingdom of Spain. Further it also describes inclusion of insolvency law into the legal system and its sources. The second chapter is dedicated to the matter of insolvency proceedings in the Kingdom of Spain. This chapter was included to this thesis for better understanding of this matter, due to the fact that it is not possible to describe the position of insolvency administration without knowledge of wider context and character of Spanish insolvency proceedings or at least it would be considerably difficult and it would exclude understanding of some of the institutes or procedures of insolvency administration. Succeeding this part there are two chapters each of which is dedicated to one of the legal orders. The third chapter deals with the Czech insolvency...

The goal of this thesis is to explain the conception of the insolvency petition and to solve issues arising from the misuse of the insolvency petition including the motivation to file such an unlawful claim. Under the Czech law, the Insolvency petition is an important part of the insolvency proceedings that are initiated at the moment when an insolvency court receives the insolvency petition. Particular legal requirements of the insolvency petition, which would be able to initiate demanded consequences, were analysed step by step in this thesis too. Differences between the situations when the insolvency proceedings were initiated by the creditor or by the debtor were also specified. Significant part of this thesis deals with matters relating to the misuse of the insolvency petition. The overview of the principle of misuse of law in civil law was given at the beginning of this part. One of the objects of the chapter was also to determine the motivation to submit an unlawful insolvency petition as well as the characteristics of this illegal claim. Subsequently, the possibilities of defense against the unlawful insolvency petition were stated. Some of these defence mechanisms are explicitly mentioned in the Act No. 182/2006 Coll., on Insolvency and methods of its Resolution (Insolvency Act), the rest...

This thesis investigates the problem of commencement of insolvency proceedings, content of an insolvency petition, the effects of insolvency proceedings and the decission about insolvency petition. In connection with the filing of insolvency petition focuses on issues of international jurisdiction. The paper also analyzed the empirical data relating to insolvency proposals. The aim is examining whether the current legal system of commencement insolvency proceedings can be misuse and whether the legal framework of international jurisdiction can be misuse. There are also examine various possibilities of misuse legislation. Also, the thesis focuses on the possible regulatory considerations.

This thesis deals with claims in insolvency proceedings primarily focusing on the obligations of the insolvency practitioner which arise when dealing with these problems. The aim of this study is to map out all the mentioned claims throughout the whole insolvency proceedings and describe the main role of the insolvency practitioner during the process. The analysis was based on regulations of the Act no. 182/2006 Coll., on Bankruptcy and Its Resolution (Insolvency Act), accompanied by fundamental judicatureand thorough literature review. In addition, the results of this work were also interpretations of the lifecycle of claims from their existence in insolvency proceedings to their extinction.

Registration of claims in insolvency proceedings Abstract In the financial world it is not uncommon for debtors to find themselves in a situation of being insolvent and unable to fulfill their obligations to creditors. Insolvency proceedings were created to resolve such a situation, enabling the creditors to have their claims registered and satisfied en masse (collectively). However, the registration of claims is a complex process consisting of several phases, namely the registration of claims stricto sensu, their verification and satisfaction. Proper understanding of each of its individual aspects is crucial for the creditors. However, constant changes by the legislator to the rules of this process make it difficult for creditors to understand them. The newest changes to the "rules of the game" are a result of two acts by which the Act No. 182/2006 Coll., on insolvency and its resolution (insolvency act) was amended and which came into effect in 2017. The amendments brought a number of changes, but changes to the registration of claims occurred mainly in the verification of filed claims, the status of claims registered by the homeowner association and in the filing of contingent and future secured claims. The most significant change brought about by one of these amendments is the disuse of the verification...

Nemokumas bendrai suprantamas kaip finansinio arba turto balanso nepakankamumas t. y. kaip negalėjimas susimokėti skolų suėjus jų grąžinimo terminui ir/arba kai skolininko įsipareigojimai viršija visą jo turimą turtą. Nors nemokumas yra be galo dažnai vartojama kategorija, tiek Lietuvos, tiek daugelio užsienio valstybių teisėje nėra įtvirtintos vienareikšmės nemokumo sampratos. Toks vieningos nemokumo sampratos nebuvimas lemia teisinį neaiškumą bei komplikuoja subjektų susiduriančių su finansiniais sunkumais padėtį. Šiame magistro darbe analizuojama nemokumo instituto samprata Lietuvos bei užsienio valstybių teisėje. Pirmiausia nemokumas analizuojamas kaip bendrinė ir teisinė kategorija. Aptariama nemokumo sampratos istorija, nemokumui būdingi bruožai, įvardijami nemokumo ir panašių teisinių santykių, tame tarpe ir bankroto skirtumai. Antroje dalyje analizuojama nemokumo kaip pagrindo nemokumo procedūroms pradėti samprata Lietuvos teisėje. Trečioje darbo dalyje lyginami atskirų užsienio valstybių nemokumo sampratos teisiniai aspektai. Galiausiai suformuluojamos pagrindinės darbo išvados bei pateikiami siūlymai kaip būtų galima pagerinti esamą nemokumo sampratos teisinį reguliavimą bei išspręsti iš jo kylančias praktines problemas. / Insolvency is generally defined as a cash flow or balance sheet insufficiency, i.e. inability to pay one’s debts as they fall due and/or when liabilities exceed debts. Even though the term of insolvency is used very often in the law of Lithuania and other countries, there is no unanimous understanding of this notion. This results in legal uncertainty and severely complicates situation of those who are facing financial difficulties. The notion of insolvency in the legal system of Lithuania and other countries is analyzed in this master thesis. Firstly, the notion of insolvency is analyzed as an appellative and legal category. In this part the history of insolvency, main features, differences from similar notions including bankruptcy are discussed. In the second part of the thesis, notion of insolvency as a legal basis for insolvency procedures in Lithuania is analyzed. In the third part, legal aspects of the notion of insolvency in different countries are compared. Finally, conclusions and suggestions are formulated aiming to improve the existing situation and provide guidelines for solving practical problems.

Magister Legum - LLM / This paper argues that there is a need for an improved cross-border insolvency regime as the common law principles applied in Namibia are outdated and thus ill-equipped to deal with present-day complex issues of cross-border insolvency. The lack of literature on issues of crossborder insolvency belies the importance of cross-border insolvency in African developing countries like Namibia who seek to encourage trade and investment in the hope of achieving economic development. In the final section of chapter one, the paper will consider the Model Law as the basis needed to develop clear, fair and predictable rules to effectively deal with the various aspects of cross-border insolvencies in Namibia.

The diploma thesis deals with insolvency proceedings where the debtor's bankruptcy is solved by discharge of debts by fulfilment of the instalment schedule. The aim of the thesis is to verify three hypotheses expressed in the introduction. The author evaluates bill amending Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), as amended, and certain other acts, which should become effective on 1 September 2016, particularly in the context the provision of services in the elaboration of an insolvency petition relating to the proposal to permit debt relief. More attention is paid to the performance of debt relief instalment schedule, especially Deductions from income of the borrower when one income, foreign income and income arising from the donation agreement or contract for retirement. The paper also compared the liquidation of seized property of the debtor in insolvency proceedings and enforcement proceedings. Finally, the work contains several proposals de lege ferenda, opinions of the author and their own approaches to solving problems associated with Discharge of debts by fulfilment of the instalment schedule.