Act No. 182/2006 Coll. Bankruptcy and Settlement (Insolvency Act)

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(Valid from January 1, 2014)

182/2006 Coll.

ACT

of 30 March 2006

on Bankruptcy and Settlement (Insolvency Act)

as amended by Act No. 312/2006 Coll., Act No. 108/2007 Coll., Act No. 296/2007 Coll., Act No. 362/2007 Coll., Act No. 301/2008 Coll., Act No. 458/2008 Coll., Act No. 7/2009 Coll.

Constitutional Court No. 163/2009 Coll., Act No. 217/2009 Coll., Act No. 227/2009 Coll., Act No. 285/2009 Coll., the Constitutional Court No. 241/2010 Coll.

Constitutional Court No. 260/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2011 Coll., Act No. 73/2011 Coll., Act No. 139/2011 Coll., Act No. 188/2011 Coll., Act No. 466/2011 Coll.

Act No. 167/2012 Coll., Act No. 334/2012 Coll., Act No. 396/2012 Coll., Act No. 399/2012 Coll., Act No. 45/2013 Coll., Act No. 185 / 2013 Sb. and Act No. 294/2013 Coll.

 

Parliament passed the Act of the Czech Republic:

 

PART ONE

GENERAL

 

TITLE I

GENERAL PROVISIONS

 

  • 1

Subject Matter

 

This Act regulates

  1. a) the bankruptcy debtor’s bankruptcy and impending legal proceedings of any of the methods specified in order to structure property relationships for persons affected by the debtor bankruptcy or impending bankruptcy, and as the highest principle and the relative satisfaction of the debtor’s creditors,
  2. b) discharge the debtor.

 

  • 2

Definition of some basic concepts

 

For the purposes of this Act:

  1. a) the insolvency proceedings legal proceedings concerning a debtor’s insolvency or impending insolvency and the method of its solution,
  2. b) the insolvency court trial, which takes place before the insolvency proceedings as well as court which decides the appeal in insolvency proceedings,
  3. c) the proposal for bankruptcy petition bankruptcy court to initiate insolvency proceedings
  4. d) interlocutory dispute controversies caused by the insolvency proceedings, which as provided by law, present in insolvency proceedings
  5. e) the estate of the assets used to satisfy the debtor’s creditors,
  6. f) the person entitled person who in the course of insolvency proceedings has a right to dispose of the estate of the license on all of its parts:
  7. g) a secured creditor creditor whose claim is secured by property belonging to the estate and only a lien, detention law, restrictions on transfer of property, rights of security transfer or assignment of receivables to secure or similar rights under international law,
  8. h) the application claims a procedural step which satisfy creditor claims his rights in insolvency proceedings
  9. i) Insolvency Register Information System, which contains information under this Act;
  10. j) the common interest of the creditors’ interest superior to their individual interests, it is the aim that the chosen method of dealing with bankruptcy was just for them and more profitable than other ways of dealing with bankruptcy, is not affected by the law guaranteed by the special position of some creditors,
  11. a) the financial institution bank, savings and loan association, insurance and reinsurance, and under the conditions described in this Act and any other person.

 

  • 3

Decline

 

(1) The debtor is insolvent if it has

  1. a) more creditors and
  2. b) the financial obligations for more than 30 days overdue
  3. c) those obligations is unable to fulfill

(Hereinafter referred to as “insolvent”).

(2) It is understood that the debtor is unable to pay its debts if

  1. a) stop payment of a substantial part of its financial obligations, or
  2. b) fails to comply for more than three months overdue, or
  3. c) is not possible to obtain satisfaction of any outstanding monetary claims against the debtor enforcement or execution, or
  4. d) has not fulfilled the obligation to submit the lists referred to in § 104, paragraph 1, which he ordered the bankruptcy court.

(3) A debtor who is a legal entity or natural person – entrepreneur, is in decline even if the heavy indebtedness. The indebtedness is when the debtor has several creditors and the sum of its liabilities exceeds its assets. In determining the value of the debtor’s assets are also taken into account for further management of his property, or for the operation of its business if it can be taken into account all the circumstances reasonable to assume that the borrower will be able to manage the assets or business operations continue.

(4) The threat of bankruptcy as if it can be taken into account all the circumstances reasonable to assume that the borrower will be able to properly and timely to meet a substantial part of its financial obligations.

 

  • 4

The method of dealing with bankruptcy

 

(1) means of resolving insolvency or impending insolvency of the debtor in insolvency proceedings (hereinafter “the way of resolving insolvency”) means

  1. a) bankruptcy,
  2. b) the reorganization,
  3. c) debt relief and
  4. d) specific ways of dealing with bankruptcy, which the law provides for certain subjects or certain types of cases.

(2) insolvency court decision on how to resolve the bankruptcy means

  1. a) in case of bankruptcy or in any special way of dealing with bankruptcy, the decision to declare bankruptcy on the debtor’s assets (the “decision to declare bankruptcy”)
  2. b) if the reorganization, the decision to permit the reorganization and
  3. c) if the debt relief, debt relief decision permits.

 

  • 5

Principles of insolvency proceedings

 

Insolvency proceedings rests primarily on the following principles:

  1. a) Insolvency proceedings shall be conducted so that none of the participants were unfairly damaged or illegally advantage and to achieve rapid, efficient and maximize the satisfaction of creditors;
  2. b) creditors who are under this Act essentially the same or similar position in the insolvency proceedings have equal opportunities;
  3. c) unless otherwise by this Act, creditors’ rights can not be acquired in good faith before the commencement of insolvency proceedings to limit the bankruptcy court decision or procedure of the insolvency administrator;
  4. d) creditors are obliged to refrain from acts aimed to satisfy their claims out of the insolvency proceedings, unless otherwise permitted by law.

 

  • 6

Exceptions from the scope of the Act

 

(1) of this Act can not be used in case of

  1. a) State
  2. b) territorial self-governing unit 2),
  3. c) the Czech National Bank
  4. d) the General Health Insurance Company of the Czech Republic
  5. e) Deposit Insurance Fund,
  6. f) Guarantee Fund of Securities Dealers,
  7. g) a public college or
  8. h) a legal person, if the state or a higher territorial self-governing unit 2) prior to commencement of insolvency proceedings took all of its debts or guaranteed by.

(2) This Act may no longer be used in case of

  1. a) the financial institution for a period during which the holder of a license or permit under special legislation governing its activities,
  2. b) the health insurance company established under a special regulation 3), a period during which the holder of the permit to carry health insurance,
  3. c) political party or political movement at the time of the elections announced by special legislation.

 

  • 7
  • 7

Application of the Civil Procedure Code and the Law on Special

judicial proceedings

 

Unless otherwise provided herein or unless the practice is contrary to the principles underpinning insolvency proceedings, apply for insolvency proceedings and interlocutory proceedings mutatis mutandis the provisions of Civil Procedure 4) regarding the adversarial process, and if this is not possible , the provisions of the special judicial proceedings; provisions relating to the enforcement or execution shall apply mutatis mutandis only if the terms of this Law refers.

 

  • 7

Substantive jurisdiction

 

Regional courts decide as courts of first instance

  1. a) the insolvency proceedings,
  2. b) the incidental proceedings,
  3. c) in disputes relating to compensation for damage or other injury to the breach of the obligation to file a bankruptcy petition,
  4. d) in disputes relating to compensation for damage or other injury to the commencement of insolvency proceedings and actions taken in the course,
  5. e) the matters arising from the legal relationship between the debtor and the insolvency administrator concerning the property belonging to the debtor’s estate.

 

  • 7

The local jurisdiction

 

(1) For the insolvency proceedings, the competent court in whose district the general court of the debtor.

(2) In the case of insolvency proceedings in which he is to deal with the insolvency or impending bankruptcy of the borrower persons forming a group, in addition to the court referred to in paragraph 1 shall also be a matter for the insolvency court in which proceedings insolvency proceedings dealing with the insolvency or impending bankruptcy of the debtor with which that person form a syndicate.

(3) In the case of insolvency proceedings in which he is to deal with the impending insolvency or bankruptcy of a debtor who is a foreign person, and if there are no directly applicable legislation of European Union 59) can also initiate insolvency proceedings in bankruptcy court in whose circuit in the Czech Republic location of the company or a branch of such debtor.

(4) The insolvency court shall have jurisdiction in the matters referred to in § 7 a point. b) to e).

 

  • 7c

Participation prosecution

 

Prosecution may enter into commenced insolvency proceedings, including incidental disputes, and the moratorium.

 

  • 8

 

The provisions of Part One and Three of this Act shall apply only unless this Act in respect of any part of the second way of dealing with bankruptcy otherwise.

 

TITLE II

Individuals

 

Part 1

Individuals

 

  • 9

 

By individuals under this Act are

  1. a) the bankruptcy court
  2. b) the debtor,
  3. c) creditors who exercise their rights against the debtor,
  4. d) the insolvency administrator or other administrator
  5. e) the Public Prosecutor have entered into insolvency proceedings, or step into the dispute and
  6. f) the liquidator of the debtor.

 

  • 10

Insolvency court

 

Bankruptcy court in insolvency proceedings

  1. a) issue a decision, the issue of law requires or implies
  2. b) continuously supervises the process and other activities of individuals and decide on matters relating thereto (hereinafter referred to as “dohlédací activity”).

 

  • 11

 

(1) In carrying out activities dohlédací insolvency court shall decide on matters relating to the insolvency proceedings shall take appropriate measures to ensure its purpose and obligations relating to the activities of individual makers.

(2) The insolvency court may require the insolvency administrator reports and an explanation of the procedure, inspect their accounts and do the necessary investigation. The insolvency administrator is entitled to give instructions and ordered him to ask specific questions to the opinion of the creditors’ committee.

 

  • 12

 

(1) In insolvency proceedings, and incidental acts and decides disputes in the first instance by a single judge (single judge).

(2) The law governing higher judicial officers and senior officials of the public prosecutor determines when it is in insolvency proceedings shall be empowered to act and decide superior court clerk.

 

  • 13

Assistant judge of insolvency court

 

Assistant judge of insolvency court makes individual acts of insolvency proceedings on behalf of the bankruptcy court judge.

 

Part 2

Parties

 

  • 14

 

(1) Participants of the insolvency proceedings the debtor and creditors who exercise their right against the debtor.

(2) Intervention in insolvency proceedings is not admissible to the provisions of § 16 paragraph 2 shall not be affected.

 

  • 15

 

Unless the registered creditors are other persons exercising their rights in insolvency proceedings in the proceedings only for as long as the bankruptcy court about this case law and decisions.

 

  • 16

 

(1) Participants in proceedings incidental proceedings are the plaintiff and the defendant, unless stated otherwise.

(2) Intervention in incidental disputes is permissible.

 

  • 17

 

Access to management 7) and the substitution 8) are not admissible in insolvency proceedings.

 

  • 18

 

(1) occurs in the course of insolvency proceedings, the fact that the laws connecting transition or transfer of claims was the original creditor to the purchaser of the claim without the original creditor loses the capacity to be party to the proceedings, bankruptcy court decides that instead of the lender enters into insolvency proceedings acquirer of his claim. It does so by the creditor and the assignee written confirmation of his claim. Transfer or subrogation, which does not directly from the law, must be accompanied by a public document 9), or charter, which is officially verified the authenticity of signatures of people who have signed it.

(2) An application under paragraph 1 shall decide the insolvency court within 3 days from the day on which such a denial, if it does so, it is after this period that the bankruptcy court issued a decision to grant the petition.

(3) The decision under paragraph 1, the bankruptcy court as well if it makes the lender and the purchaser of the assets in the records of this court a joint statement that a fact mentioned in paragraph 1, paragraph 2 shall apply mutatis mutandis.

(4) Decisions under paragraphs 1 and 3 shall be delivered to the creditor, assignee of his claim, the debtor and the insolvency administrator, the following persons shall be delivered separately. An appeal against it is not permissible, however, bankruptcy court is not bound by that decision.

 

  • 19

 

Transferee becomes a party to the claim of insolvency proceedings once insolvency court under § 18 will decide on its entry into bankruptcy proceedings and is subject to the condition of insolvency proceedings at the time when he became his party. Licensee shall enter the following instead of the original creditor and the incidence of disputes relating to claims acquired by it.

 

  • 20

 

(1) The provisions of Part One, Chapter Three Rules of Civil Procedure relating to the conduct of a legal person, state and local governments and representatives of the parties shall apply mutatis mutandis to the insolvency proceedings and disputes incidental.

(2) A trade union may, in insolvency proceedings and disputes incidental to represent the debtor’s employees, if the application of his employment claims.

 

Part 3

Insolvency administrators and other administrators

 

  • 21

 

(1) The insolvency administrator establishes a list of insolvency administrators, led by the Ministry of Justice (hereinafter the “Ministry”).

(2) Requirements for list of insolvency administrators, data to be recorded in it, its structure, leadership, and for entry into and emergence of the right to practice the insolvency administrator and guest insolvency administrator provides special legislation 9a).

(3) Insolvency Administrator for the purposes of this Act, a bankruptcy trustee and visiting.

 

  • 22

 

(1) A person registered in the list of insolvency administrators can implement the provisions of the receiver to refuse, if only for important reasons for it.

(2) If the insolvency administrator to select from a list of insolvency administrators, it is possible to establish a physical person who meets the general and qualifications for registration in the list of insolvency administrators and agree with its provisions.

 

  • 23

 

Insolvency administrator sealed at its own expense a contract for liability insurance for damage that might arise in connection with the performance of its functions or activities of its employees for the duration of his office.

 

  • 24

 

(1) The insolvency administrator is excluded from the insolvency proceedings, if in view of his relation to things or persons to the participants, there is reason to doubt his impartiality, this does not apply in the case referred to in § 34 Once appointed bankruptcy trustee learns that there are reasons for its exclusion, it must immediately notify the insolvency court.

(2) A public company that is appointed insolvency administrator, the insolvency court shall immediately notify one of the partners, through which acts as trustee 60) will on behalf of the trustee to perform; paragraph 1 shall apply mutatis mutandis to such shareholder.

 

  • 25

 

(1) The trustee for the bankruptcy proceedings establishes bankruptcy court. If the decision to decline linked to the decision to permit reorganization under § 148 paragraph 2 and if the reorganization plan submitted to the person designated trustee, appoint an insolvency court insolvency administrator of this person, this does not apply unless they meet the following conditions specified by the insolvency administrator specified in § 21 to 24 and paragraph 3 The provisions of § 29 is not affected.

(2) Unless the case referred to in paragraph 1, the insolvency court shall appoint an insolvency administrator person designated by the Chairman of the bankruptcy court in the order specified day of registration of residence or establishment in the appropriate part of the list of trustees led by

  1. a) for the county circuit court that the debtor’s insolvency court, if the time when the application for a declaration of bankruptcy, or if not at the time when the application for a different way of resolving insolvency and debtor unless the person pursuant to § 3 para 2 Law on insolvency administrators 9a)
  2. b) to the district court, the general court of the debtor, if in the time when the application for a permit debt relief.

(3) If at the time of the determination of an application for approval of reorganization or if the debtor is a person in accordance with § 3 paragraph 2 of the insolvency administrators 9a) regardless of the method of resolving insolvency, bankruptcy court appoints the receiver for a person designated by the Chairman of the Insolvency by court order intended date of enrollment of its registered office in a separate part of the list of trustees.

(4) Unless prevented by other circumstances, the President of the insolvency court insolvency administrator borrowers who make up the group, the same person.

(5) If you can not appoint someone insolvency administrator in accordance with paragraph 2, or if it is necessary with regard to the existing state of insolvency proceedings, the debtor entity and its wealth, as well as the competence of the insolvency administrator, its current activities and its load, Chairman of the bankruptcy court may determine insolvency administrator outside of the established order; always justify such a procedure.

(6) Paragraphs 2 and 3 shall not apply in the case of determining a person’s insolvency administrator, who is visiting the insolvency administrator. Chairman of the bankruptcy court determines the person insolvency proceedings insolvency administrator, who is visiting the insolvency administrator, the list of the relevant parts of the procedure, which is in line with the principle of temporality příležitostnosti or, if appropriate, with respect to the prior insolvency proceedings, the debtor entity and his wealth, as well as the expertise of the bankruptcy trustee, who is visiting the insolvency administrator.

 

  • 26

 

The decision on the provisions of the bankruptcy trustee’s appeal is admissible. The appeal, however, can argue only that the appointed insolvency administrator does not qualify for that provision or not nepodjatý. The facts that occurred or arose after the decision of the Court of First Instance on appeal is not taken into account.

 

  • 27

 

(1) Bankruptcy court appoints an insolvency administrator no later than the decision to decline. In terms of this Act may appoint a bankruptcy court before the decision to decline the preliminary insolvency administrator (hereinafter referred to as “preliminary administrator”), this decision shall be published in the same manner as the decision on bankruptcy.

(2) The provisional administrator performs before deciding on bankruptcy activities provided in this Act and the bankruptcy court imposed on him and having rights and obligations, which he defines that court. These rights and obligations of the insolvency court can not determine to a greater extent than they belong to the insolvency administrators of the decision to decline. Unless the bankruptcy court for insolvency administrator or the person in the decision on bankruptcy, becomes a provisional administrator after the decision of the receiver with full powers.

(3) The provisions of the insolvency administrator shall apply mutatis mutandis to the preliminary administrator.

 

  • 28

 

Under the conditions laid down in this Act shall be decided on a change in the person of the insolvency administrator and creditor institutions, for their decision to apply § 21-24 and § 25 paragraph 3 analogy.

 

  • 29

 

(1) At the meeting of creditors, which followed close after the review meeting, the creditors may decide that the insolvency court-appointed bankruptcy trustee from office and refer to appoint a new insolvency manager. This resolution is adopted if voted for them at least half of all creditors entered on the day preceding the meeting of creditors, calculated according to the amount of their claims, who are entitled to vote.

(2) Resolution of the provisions of the insolvency administrator under paragraph 1, confirms insolvency court; confirmed only if it does not satisfy the insolvency administrator of the conditions specified in § 21-24 and § 25 paragraph 3, § 54, paragraph 1 shall not apply.

(3) The decision under paragraph 2 of the insolvency court shall issue to the meeting of creditors, in a resolution adopted pursuant to paragraph 1, the appeal is admissible only if the bankruptcy court confirmed the creditors’ meeting resolution. Person entitled to appeal only creditor that at the meeting of creditors voted for the resolution, § 55, paragraph 1 shall apply mutatis mutandis.

(4) the insolvency administrator odvolanému in accordance with paragraph 1, the insolvency court shall require him within a specified period reported on his activities, especially on state property managed, and to report their reward, cash expenses and costs incurred in connection with the management and maintaining the property.

 

 

  • 30

 

(1) adopt a resolution on the meeting of creditors of the insolvency administrator established an appeal without a decision by the provisions of the new bankruptcy trustee, or if this was a meeting appointed bankruptcy trustee removed from office in accordance with § 31 Paragraph 2, appoints an insolvency administrator the insolvency court in its decision ; established for such a bankruptcy trustee to § 29 paragraph 1 shall not apply.

(2) Where in consequence of the bankruptcy court to reject the application will claim such a change in the persons of the creditors or the amount of their claims, which would affect the outcome of the resolution to a meeting of creditors pursuant to paragraph 1, a resolution pursuant to § 29 paragraph 1 shall be taken and the meeting of creditors that comes closest to following the change.

 

  • 31

The appeal of the insolvency administrator

 

(1) For important reasons that have no origin in violation of the obligations of the insolvency administrator, the bankruptcy court on a proposal from the insolvency administrator or creditors without authority or withdraw this proposal, the insolvency administrator from office. It does so usually after hearing the insolvency administrator, decide on the petition immediately.

(2) of the Insolvency administrator with the procedure established pursuant to § 29 paragraph 1 to 3 bankruptcy court dismiss from office even if requested within 3 days after its provisions are learned, this does not apply if the liquidator on his appointment in advance agreed.

(3) The trustee in bankruptcy, which ceased to exist legally entitled to practice the insolvency administrator or his right was suspended by the Law on insolvency administrators 9a), the bankruptcy court to the proposal trustee, debtor or creditor institution or without this proposal removed from office. If circumstances allow, it will do so after hearing the insolvency administrator; decide on the petition immediately.

(4) The trustee, who was withdrawing the authorization or which terminated his right to temporarily or occasionally practice the insolvency administrator under the Ministry’s decision pursuant to the insolvency administrators 9a) appeals from the bankruptcy court functions. Insolvency administrator appointed by the procedure according to § 25 paragraph 3 bankruptcy court removed from office even if it was his special license revoked or ceases to have his right to temporarily or occasionally practice the insolvency administrator of the debtor under § 3, paragraph 2 of the Law on Insolvency Administrators 9a ) under the Ministry’s decision pursuant to the insolvency administrators 9a).

(5) Revoke the bankruptcy court trustee from office, at the same time appoint a new trustee. An appeal against this decision is allowed; verdict against the appointment of a new trustee, however, may be separately appealed only on the grounds stated in § 26

(6) An appeal insolvency administrator shall, without undue delay, properly inform the new trustee on their current activities and provides them with all the documents associated with the performance of his duties, his responsibility for the term of office does not expire.

(7) The provisions of § 29 paragraph 4 shall apply mutatis mutandis.

 

  • 32

Waiver of the insolvency administrator

 

(1) of the Insolvency administrator who fails to discharge his duties properly or who fails to exercise its functions with due diligence or a serious breach of an important obligation imposed by law or court, the bankruptcy court the authority to draft the creditor or debtor, or the absence of its design features exempt. It does so usually after hearing the insolvency administrator, decide on the petition immediately.

(2) A decision under paragraph 1 may appeal the bankruptcy trustee and the person authorized to make an application under paragraph 1 The provisions of § 29 para 4 and § 31 paragraph 5 and 6 shall apply mutatis mutandis.

 

  • 33

The representative of the insolvency administrator

 

If appropriate, the insolvency court may appoint a representative for insolvency administrators in case the important reasons temporarily unable to perform their duties. For the true representative of the bankruptcy trustee § 29 to 31 as appropriate.

 

  • 34

Separate insolvency administrator

 

(1) If the insolvency administrator excluded from certain acts for its just proportion to any of the debtor’s creditors or only to one of the representatives of the debtor’s creditors and, if not with regard to the nature of the claim of the debtor’s creditors and its role in insolvency proceedings no reason to doubt that this relationship will affect the overall arrangements for exercising the rights and obligations of the bankruptcy trustee may appoint an insolvency court for the acts of a separate insolvency administrator.

(2) If the insolvency administrator excluded from certain tasks because they can resist the common interest of creditors in insolvency proceedings in which he was also appointed bankruptcy trustee, bankruptcy court to appoint such acts always separate insolvency administrator.

 

  • 35

Special insolvency administrator

 

(1) In cases where it is necessary in the context of insolvency proceedings to deal with specific issues requiring technical specialization, the bankruptcy court may also appoint a special insolvency administrator and adjust its relationship with the insolvency administrator. Unless otherwise provided, it is not the reason for the appointment of a special insolvency administrator activities related to the realization of assets.

(2) The provisions of the office, remuneration and exempted from the deputy administrator of the insolvency, bankruptcy trustee of a separate and special bankruptcy trustee, the provisions on insolvency administrators similarly.

(3) Special bankruptcy trustee the court for payment of the claim payment service users or holders of electronic money, the procedure laid down by law governing payments.

 

  • 36

 

(1) The insolvency administrator is obliged to do their duties conscientiously and with due diligence, shall make every effort that may be reasonably required to satisfy creditors as much as possible. Common interests of creditors is required to give a performance function takes precedence over the interests of their own interests and against others.

(2) The insolvency administrator provides the creditor authorities all the assistance necessary for the proper performance of their duties, in particular, at the request of the creditors shall attend its meetings. Unless the bankruptcy court otherwise by the bankruptcy trustee and the creditor institution insolvency court at least once every three months written status report on the insolvency proceedings.

 

  • 37

 

(1) The insolvency administrator is responsible for damage or other damage caused to the debtor, creditors or third parties caused by the exercise of its functions violated the obligations imposed on him by law or court decision, and that did not advance in the pursuit of professional care. This liability release the insolvency administrator, only if he proves that the damage or other injury could not prevent by the exercise of all the effort that it could be reasonably required with respect to the insolvency proceedings.

(2) Under paragraph 1 of the insolvency administrator is also responsible for damage or injury caused to another party, which used to carry out their tasks. This also applies to employees of the debtor, acting within the scope of its existing activities, or for another person in a contractual relationship with the borrower.

(3) The insolvency administrator is responsible for damage or other injury to the creditor with a claim against the estate created by it could not be met the claim arises from the bankruptcy trustee of a legal act, the responsibility of the insolvency administrator shall release only if he proves that at the time when this transaction was legal, he could see that the estate will not be enough to cover the debts incurred by the estate.

(4) The right to damages or other damages against the insolvency administrator shall lapse within 2 years after the victim learned of the damage and liability of the insolvency administrator, but not later than 3 years, and in case of damage caused by an intentional criminal act, for insolvency administrator has been convicted, within 10 years after the end of the insolvency proceedings.

 

  • 38

 

(1) The insolvency administrator is entitled to compensation and reimbursement of cash expenses. In the event of bankruptcy, the amount of compensation determined from the number of applications reviewed by the claims and the liquidation proceeds to be distributed among the creditors. If the insolvency administrator payer of value added tax, he is entitled to fees and reimbursement of cash expenses corresponding to the amount of tax due from the insolvency administrator is required from the remuneration and reimbursement of cash expenses payable pursuant to a special legal regulation 10).

(2) The remuneration and reimbursement of cash expenses of the insolvency administrator shall be satisfied from the assets of, and if that is not enough, on account of the costs of the insolvency proceedings, if not their satisfaction from these sources can be borne by the state, but not exceeding CZK 50,000 reward insolvency administrator and 50,000 CZK to reimbursement of cash expenses of the insolvency administrator.

(3) Statement of income and cash expenditures made in the liquidator’s final report, and if she, in a report on its activities. Bankruptcy court as the case may, after consultation with the creditors committee remuneration of the insolvency administrator appropriately increase or decrease. The reason for the reduction in pay, in particular the fact that the insolvency administrator violated any of its obligations or that suggested a partial schedule, although the state of realization of assets allowed.

(4) The insolvency court may, in the course of insolvency proceedings decide to advance and pay cash expenses of the insolvency administrator, and even repeatedly.

(5) The insolvency administrator removed from office or from acting in the course of insolvency proceedings and charges you pay cash expenses in a report on its activities for the consideration of that report is adequately § 304 Permitted by the state of insolvency proceedings, the insolvency court shall decide on the approval of this report has in its course, if it is a cash expenses of the insolvency administrator, the costs associated with the maintenance and management of assets and settlement of advances paid to do so without undue delay after the discussion of the report . The decision on the approval of such reports may appeal the bankruptcy trustee who filed the report, appointed insolvency administrator and creditors and the debtor, whose objections to that report was not accepted.

(6) The method of determining the remuneration of certain cash expenses of the insolvency administrator and the method of payment of state the implementing legislation.

 

  • 39

 

(1) Creditors are entitled to approval of bankruptcy court decisions on the basis of the creditors’ committee to provide the insolvency administrator account to pay his expenses, even repeatedly. When an advance is determined by the conditions of settlement; can also determine the purpose for which deposit is to be spent.

(2) Costs of activities to which the liquidator is obliged by law or by the insolvency court decisions are included in his compensation and carries them on its own. Exceptionally, the fulfillment of these activities enter other parties on behalf of the estate with the approval of bankruptcy court and creditors’ committee, without prejudice to its obligations and responsibilities under this Act.

(3) Costs associated with the insolvency administrator using legal, economic and other specialists can be paid from the estate only if they use appropriate given the scale and complexity of insolvency proceedings and, if approved in advance by the creditors committee.

 

  • 40

 

(1) The insolvency administrator acts in its name on behalf of the debtor, if it passed the authorization to dispose of the estate. Indicates the manner in which it is evident that they do so in the performance of the insolvency administrator, part of its title is an unmistakable sign of the debtor with the estate disposed of.

(2) Acting in accordance with paragraph 1 shall in particular legal actions by which the liquidator of the estate of commercializing or otherwise dealt with it, and his acts in the incidental proceedings, as well as other litigation involving the debtor’s place.

(3) The insolvency administrator may instruct its employees and employees of the debtor to him for the act in judicial and other proceedings, this does not affect his liability under this Act.

 

  • 40a

 

On the basis of decisions and other enforceable documents created in the course of insolvency proceedings against the insolvency administrator for claims or other rights relating to the estate or to be satisfied out of the estate, not to enforce the decision of the assets of the insolvency administrator, this is not the case the disciplinary measures imposed by insolvency administrators in connection with such proceedings and the decisions which the insolvency administrator ordered to pay the costs, which caused through the fault or incurred accident that occurred to him.

 

Credit financing

  • 41

 

(1) The insolvency administrator may maintain or restore operation of the company, which is part of the estate to close on normal commercial terms of the loan contract and similar contracts as well as contracts for the supply of energy 11) and raw materials, including contracts to ensure compliance with these agreements ( hereinafter referred to as “debt financing”).

(2) do not offer the conditions worse than the best bid, the existing secured creditors have a prior right to contract under paragraph 1 have been concluded with them, the same applies to creditors from the contracts for the supply of energy and raw materials referred to in paragraph 1

 

  • 42

 

(1) The assets acquired from funds provided under the credit financing is not subject to seizure under the previously concluded contracts.

(2) funds received from credit financing can only be used for the purpose stated in the contracts of loan financing.

(3) For contracts of loan financing is also entitled to the debtor or the debtor authorizing officer for the duration of the moratorium.

 

  • 43

 

(1) The public authorities, particularly the cadastral offices recording the bodies motor vehicles and other administrative offices, as well as notaries, bailiffs, head persons holding of securities, financial institutions, operators of telecommunications services, postal operators and other persons dealing parcel, print publishers and carriers shall provide the insolvency administrator a written request without undue delay further cooperation in this manner.

(2) The cooperation referred to in paragraph 1 is that the institutions and persons mentioned therein provide information about the insolvency administrator of the debtor and any other data that are necessary for the administration and to the same extent that is provided directly by the debtor . This cooperation also lies in the fact that those authorities and persons who hold documents or other things that can be used to determine the debtor’s property, without undue delay after receipt of the application, the insolvency administrator or lend. In the case of data held in electronic form, meets bodies and persons referred to in paragraph 1, the duty to assist in that they allow the insolvency administrator remote access. Interaction is provided free of charge, unless the public authorities, it is for the one who provided the synergy entitled to reimbursement of the related cash expenses.

(3) obligations of the institutions and persons referred to in paragraph 1 of insolvency administrators to provide assistance under other provisions of this Act or under the provisions of special legislation, it is not affected.

 

  • 44

 

(1) Cooperation under § 43 is provided in particular by

  1. a) the person leading the securities register of insolvency administrators communicate details of where registered securities belonging to the debtor’s assets,
  2. b) banks, savings and loan associations and branches of foreign banks, the insolvency administrator shall notify the debtor’s account number shall inform him of the conditions of these accounts and movements of cash on them and provide him information about a debtor úschovách and deposit books,
  3. c) postal operators and other persons dealing with the parcel, they shall inform the debtor’s insolvency administrator to delivery locations, extent and nature of inbound shipments and the total funds that the borrower receives through them,
  4. d) providers of electronic communications services notify the insolvency administrators of details of the debtor’s telephone, telex, facsimile and other electronic addresses of the stations that are not listed in the available lists
  5. e) the insurance insolvency administrators communicate information about a debtor’s insurance policies and claims
  6. f) publishers print the insolvency administrator shall communicate information on advertising, which relates to the estate
  7. g) the insolvency administrator shall notify the carrier of information carried by the debtor matters and their beneficiaries.

(2) At the request of the authorities and persons from whom require assistance, proves its insolvency administrator appointed to the position by the insolvency court.

(3) Persons and bodies that are required to provide the insolvency court or the insolvency administrator interaction, are responsible for damage or other injury caused in the event that such synergies fail to provide proper and timely manner.

 

  • 45

 

Insolvency administrator maintains the confidentiality of the facts on which special legislation provides for the obligation of confidentiality if they learned about them in the performance of their duties, even after its termination, the confidentiality it in the power range of this function may exempt a person in whose interest it has or bankruptcy court. The same applies to a third party engaged in activities for which they are obliged to insolvency administrator.

 

Part 4

Creditor institutions

 

  • 46

The meeting of creditors, creditors’ committee and a representative of creditors

 

(1) creditor institutions are the creditors ‘meeting and creditors’ committee or representative of creditors.

(2) A meeting of creditors for the election and removal of members of the creditors ‘committee and an alternate representative or creditors also decides on whether to remain in the provisional creditors’ committee. The meeting of creditors may reserve whatever is within the scope of creditor institutions. The resolution, which the meeting of creditors reserves the scope of other creditor institutions, is adopted if voted for them mostly made up of at least two-thirds of the votes present or duly represented creditors, calculated according to the amount of their claims. If not appointed a creditors’ committee or representative of creditors, and unless this Act provides otherwise, the meeting of creditors and their scope.

(3) The creditor shall exercise the powers of creditor institutions with the exception of matters which fall within the scope of the meeting of creditors or the creditors’ meeting that you had reserved.

 

  • 47

The meeting of creditors

 

(1) meeting of creditors convened and governed by the insolvency court. It convenes its own initiative or on application of the insolvency administrator or creditors’ committee at least 2 creditors whose claims amount calculated according to (§ 49 paragraph 1) is at least a tenth of filed claims. The insolvency court shall convene a meeting of creditors to be held within 30 days after being asked about her calling, unless a later date of the proposed.

(2) The right to attend a meeting of creditors to sign creditors, debtor, bankruptcy trustees and prosecution if they participate in insolvency proceedings. If the debtor employee is entitled to attend a meeting of creditors also a trade union which the debtor operates. It works if the debtor applies to more trade unions have the right to union with the largest number of members of trade unions or associations with the largest number of members, unless the trade union acting with the debtor differently.

 

  • 48

 

(1) Notice of a meeting of creditors the insolvency court shall publish notice (Article 71 § 3), which must be made the subject of negotiations, as well as place and date of the meeting. Convene the meeting of creditors on a proposal from the person referred to in § 47, paragraph 1, marks the insolvency court as the subject matter and always act for which the proposal was passed.

(2) A meeting of creditors may be discussed only subject under discussion, which was given in the notice convening it. If they are present all lenders, they can also, act on another subject on the agenda, for the present, for this purpose, not a creditor who voted writing (§ 50 paragraph 2). The subject of the first meeting of creditors is always the option of the creditors’ committee and the resolution of creditors pursuant to § 29 paragraph 1, if appointed insolvency administrator and if there is this meeting after the review meeting, the report of the insolvency administrator of his past actions, and if appointed provisional creditors’ committee, the report of the committee on its current activities. If the bankruptcy court has not yet ruled on how to resolve the debtor’s bankruptcy, is the subject of the first meeting of creditors also a way of dealing with the debtor’s bankruptcy.

(3) A creditor who filed repeatedly without justification proposal to convene a meeting of creditors is required to pay other creditors at their request, the cost incurred by them in connection with their participation in the meeting of creditors held on the proposal, such creditors, the insolvency court ordered to pay a lump the amount of the costs associated with discussing unjustified proposal to convene a meeting of creditors in the amount of CZK 5,000; payment of the lump sum, which is revenue the state can not be waived.

 

Vote

  • 49

 

(1) Except as provided otherwise in this Act, requires the resolution of the creditors’ meeting a simple majority of votes present or duly represented creditors, calculated according to the amount of their claims, while true that for every 1 CZK receivable represents one vote.

(2) If the claim belongs to more persons must agree on who will exercise the rights associated with it. Unless otherwise agreed to exercise those rights only on the part of his debts; for this purpose are that each of these people belong to the same part of the claim. The provisions of the Civil Code 12) on co-ownership shall apply mutatis mutandis.

 

  • 50

 

(1) Unless otherwise provided, the right to vote, all present at the meeting of creditors. The voice, which is linked to a condition not be considered.

(2) Creditors may also vote in writing, by giving explicitly marked as a “ballot paper”, which may contain any other procedural step from which there is no doubt how they voted, and which is officially verified the authenticity of their signature. Their voice is taken into account only if the submission contains all elements delivered to the insolvency court no later than the day preceding the meeting of creditors, § 43 of Civil Procedure shall not apply.

(3) Particulars of the ballot paper under this provision shall be stipulated.

 

  • 51

 

(1) The creditors whose claim has been denied, and may range from denial to vote by resolution is made to the meeting of creditors. If the meeting of creditors admit the right to vote creditors whose claim has been denied, decide on the voting right of such creditors, the insolvency court.

(2) The denial of claims registered by the creditor or the debtor does not affect the voting rights of creditors whose claim has been denied.

(3) Except in the cases referred to in paragraph 1 shall decide on the voting rights of creditors whose claims have not yet been identified or is questionable, the insolvency court. It will do so only on the proposal of the debtor, the bankruptcy trustee or any creditor. The proposal may also be submitted prior to the meeting of creditors.

(4) Unless otherwise provided, it shall have no voting rights of creditors with claims against the estate of (§ 168), creditors with claims assimilated claims against the estate of (§ 169), creditors with claims excluded from the means of resolving insolvency (§ 170 ), creditors with subordinated claims (§ 172), and until the fulfillment of the conditions precedent lenders who signed receivables tied to conditions precedent.

 

  • 52

 

(1) Voting rights of the insolvency court examines each lender individually.

(2) The decision of the insolvency court on voting rights of creditors are not subject to appeal. This decision is not an insolvency court for the next meeting of the creditors bound.

(3) If the decision of the bankruptcy court on the voting rights of creditors other dependent insolvency court decision against which the appeal is admissible, may be within the limits of appeal against such a decision to examine the correctness of the decision of the bankruptcy court, the voting rights of creditors, this applies only for the first such a decision issued by the bankruptcy court decision on the voting rights of creditors.

 

  • 53

 

Unless the selection committee of creditors, none of the creditors vote in their own case. In the case of a person who form a group with the lender or the lender in case a person near, the creditor may vote, unless otherwise provided herein.

 

  • 54

Postup insolvency court

 

(1) If a resolution is contrary to the creditors ‘meeting the common interest of creditors, the insolvency court may revoke, this does not apply in the case referred to in § 29, paragraph 1, § 51, paragraph 1 and the creditors’ meeting resolution on how to resolve the debtor’s bankruptcy, a reorganization plan or by way of debt relief.

(2) decision to cancel the order a meeting of creditors the insolvency court can only go to the meeting of creditors, the decision was taken, and may do so only on a proposal from the insolvency administrator or creditors who voted against the resolution of the creditors’ meeting.

 

  • 55

 

(1) After publication of the decision annulling the resolution meeting of creditors, bankruptcy court will invite each of the creditors present, who voted for the resolution of the creditors’ meeting to indicate whether they waive appeal, at the same time learn that the appeal to be submitted to the meeting creditors can not be made. Expression of creditors and their instruction is specified in the report of the hearing. Bankruptcy court decisions delivered only to persons who have lodged appeals against it.

(2) If the insolvency court for annulment of decisions of the meeting of creditors rejected, apply the procedure provided in paragraph 1 appropriately in relation to the person who submitted the proposal.

(3) A person entitled to appeal against the decision to set aside the order is only a meeting of creditors a creditor who voted for the adoption of this resolution. The appeal against the decision rejecting the request for cancellation of resolution of creditors’ meeting is entitled to only the person who submitted the proposal.

 

Creditors’ committee

  • 56

 

(1) If the registered more than 50 creditors, the creditors ‘meeting shall appoint a creditors’ committee. Členy creditors ‘committee and their alternates elected by the creditors’ meeting.

(2) The creditors’ committee has at least three and not more than 7 members. The number of members decided by a meeting of creditors. Creditors ‘meeting may resolve that any member of the creditors’ committee has an alternate; creditors ‘meeting may decide on a higher number of alternate members of the creditors’ committee.

(3) If the means of resolving insolvency or bankruptcy slight debt relief option is not mandatory creditors’ committee.

 

  • 57

 

(1) The creditors’ committee to be represented secured and unsecured creditors. Members of the creditors committee proposed unsecured creditors must always be at least as many members proposed by the secured creditors, this does not apply if the unsecured creditors fail to nominate their members or their nominated person does not agree with this or not chosen for other reasons.

(2) The members and alternates of the creditors’ committee of unsecured creditors design is chosen and dismissed the voices of unsecured creditors. Members and alternate members of the creditors’ committee proposing secured creditors are selected voices of secured creditors.

(3) the election and removal of members and alternate members of the creditors’ committee confirms the bankruptcy court, the decision is not delivered. Resolution for the meeting of creditors under § 62, paragraph 2, first sentence, shall apply mutatis mutandis.

 

  • 58

 

(1) The creditor committee protects the common interest of creditors, and in cooperation with the receiver contributes to fulfill the purpose of insolvency proceedings.

(2) The creditor shall in particular:

  1. a) oversee the insolvency administrator
  2. b) providing support insolvency administrators in its activity,
  3. c) grants the insolvency administrator or debtor authorizing officer consent to enter into contracts on credit financing,
  4. d) approve the amount and accuracy of ongoing cash expenses of the insolvency administrator and the costs associated with maintenance and administration of the estate
  5. e) may inspect the debtor’s accounts or records maintained pursuant to a special legal regulation 13);
  6. f) may decide to verify the annual financial statements or extraordinary financial statements auditor
  7. g) the debtor may inspect the documents in the same range as liquidator,
  8. h) perform tasks under this Act or imposed on him by the insolvency court,
  9. i) is entitled to submit proposals concerning the insolvency court in the course of insolvency proceedings, including proposals for the imposition of procedural sanctions.

(3) The creditor shall exercise its activity as a body, of its elected President, who convenes and chairs its meetings. If the creditors ‘committee not elect a chairman nor a repeated election, it shall determine from among the members of the creditors’ committee bankruptcy court. Creditors’ committee shall meet on its own initiative or convened by the insolvency court or an insolvency administrator. By a majority vote of its members, with the absent members represent their alternates, if a member of the creditors’ committee more replacements (§ 56 paragraph 2), represent it in the order of the meeting of creditors in their choice. When the casting vote of the President. Quorum for the creditors’ committee may only be the presence of an absolute majority of its members or their alternates. If it accepts the nature of some of the activities the creditors’ committee may conduct or authorize the implementation of one of its members or its substitute.

(4) Members and alternates of the creditors ‘committee may be in the creditors’ committee put on your hazard represented by any natural person who has the legal capacity in its entirety, unless the lawyer, this can only representative to act in person. Costs incurred by them, from their pay.

 

  • 59

 

(1) Members and alternates of the creditors’ committee may be logged lenders who will agree to his election. When becoming a member or alternate member of the creditors ‘committee legal person shall immediately notify the individual insolvency court, which will be on behalf of the creditors’ committee to act.

(2) members or alternate members of the creditors’ committee can not be a person, which, due to their relationship to the debtor reason to doubt their impartiality. Thus it can be concluded especially if it is near the person of the debtor, the debtor’s management staff, according to § 33 paragraph 3 and § 73 paragraph 3 of the Labour Code 14), partners of the debtor, with the exception of shareholders, unless he in the bodies of the debtor or the debtor does not own shares issued by him or any other participating securities in the aggregate amount of more than one tenth of the share capital of the debtor and the debtor persons forming a group.

(3) the insolvency court does not confirm the election of a member or alternate member of the creditors’ committee, if there is reason to doubt their credibility, or that they will be eligible for appointment. This decision must declare insolvency court in the meeting of creditors at which the election occurred.

(4) Following the publication of a decision under paragraph 3 of the insolvency court shall invite each of the creditors present, who voted for the election to indicate whether to waive appeals, at the same time learn that the appeal to be submitted to the meeting of creditors can no longer be made. Expression of creditors and their instruction is specified in the report of the hearing. Bankruptcy court decisions delivered only to persons who have lodged appeals against it.

 

  • 60

 

(1) Members and alternates of the creditors’ committee are obliged to follow the performance of their duties with due diligence and are liable for damage or other harm caused by violations of their duties or improper performance of their duties. Common interests of creditors are in the exercise of functions required to give priority over the interests of their own and the interests of other persons. To acquire assets of the estate can only with the consent of the creditors’ meeting. And are responsible for their employees and other persons through which they perform or fulfill its obligations.

(2) Members and alternates of the creditors’ committee are entitled to compensation for necessary expenses related to the duties and adequate remuneration to be determined by the insolvency court.

(3) the creditors’ committee in its work to use the services of legal, economic and other specialists. The costs to the members or alternates of the creditors’ committee incurred can be paid from the estate without the consent of the insolvency court. In granting permission bankruptcy court examines the cost-effectiveness, their range in comparison with the full range of estate and property for the benefit of nature. If approval is granted, it is a claim against the estate.

(4) Method for determining the necessary expenditures and remuneration of members and creditors’ committee and the highest allowable amount of down regulation.

 

  • 61

 

(1) Until there is a provision of the creditors ‘committee and to confirm the election of its members and alternates, the insolvency court, even before the first meeting of creditors prior to a decision on bankruptcy, appoint a provisional creditors’ committee; suggests if the debtor, creditor logged or provisional administrator shall do so immediately.

(2) If the creditors ‘committee has not appointed creditors’ meeting called for that purpose shall be exercised after the end of the scope of the committee of creditors, the insolvency court. A new meeting of creditors for the purposes of the provisions of the creditors’ committee convened by the insolvency court only on the proposal of the authorized person (§ 47 paragraph 1).

(3) against a decision by the insolvency court appointed provisional creditors’ committee is not appealable. The decision is delivered separately to the debtor, the insolvency administrator or the preliminary trustee logged creditors that the appointment of a provisional creditors’ committee suggested and appointed members of the provisional committee of creditors.

 

  • 62

 

(1) If possible, the bankruptcy court appoints a provisional creditors’ committee so that there were represented secured and unsecured creditors.

(2) The first meeting of creditors held after the appointment of a provisional creditors ‘committee will decide on whether to remain in the provisional creditors’ committee. The resolution is adopted if voted for most of those present or duly represented secured creditors, calculated according to the amount of their claims and the majority of members present or duly represented unsecured creditors calculated according to the amount of their claims. The first meeting of creditors held after the appointment of a provisional creditors’ committee may also revoke any of its members or alternates or to the elect another member and his alternate, while progressing according to § 57 paragraph second

(3) The interim creditors ‘committee to cease its activities when the insolvency court confirm the creditors’ committee appointed by the meeting of creditors. From the moment the insolvency court shall confirm the order which leaves the interim meeting of creditors in creditors ‘committee function, this committee considered creditors’ committee appointed by the meeting of creditors.

 

  • 63

 

(1) The office of member or alternate member of the creditors’ committee terminates his removal from office, by resignation or termination of its participation in insolvency proceedings.

(2) If a creditor participation in insolvency proceedings have been closed according to § 18, is transferred to the transferee of the assets and membership of the creditor in the creditor committee, this does not apply if acquired in this way the existing creditors claim more persons.

(3) For important reasons, especially when violations or neglect of duties, bankruptcy court may dismiss the creditors’ committee or any of its members and alternates. It can do so without it.

 

  • 64

 

(1) The decision on removal from office may appeal revocation of any persons; these persons, the decision delivered separately.

(2) A decision on the proposal of dismissal is rejected, may appeal the person who submitted a proposal. For those people, the decision delivered separately.

 

  • 65

 

(1) A member or alternate member creditors’ committee may at any time resign. It makes the administration of the insolvency court addressed that do not contain reasons.

(2) If the fact that the creditors ‘committee or any of its members or alternates for the extinction can not perform its functions and activities of the creditors’ committee has been appointed membership meeting of creditors, the insolvency court shall convene a meeting of creditors for the purpose of implementing the new options or additional options . The termination of the members of the creditors committee succeed him his alternate and additional choice will be determined by the new sub. If it is a provisional creditors ‘committee appointed by the bankruptcy court, which has not yet confirmed the meeting of creditors, then the new provisional creditors’ committee or any of its members or alternate members appointed by the bankruptcy court.

 

  • 66

Bankruptcy court as creditors’ committee

 

(1) If in the course of insolvency proceedings, the number of members of the creditors’ committee appointed by the meeting of creditors to less than 3 or the majority exercises the creditors’ committee to confirm the new options or additional options to the members of the creditors’ committee of at least 3 or the majority of the members of the insolvency court .

(2) If the missing members of the committee of creditors in number at least 3 or do not opt ​​for the majority of members of the creditors’ meeting called for that purpose shall be exercised after the end of the scope of the committee of creditors, the insolvency court, § 61, paragraph 2, second sentence, and § 61 paragraph 3 shall apply mutatis mutandis .

(3) acts performed by the insolvency court in exercising the powers of the creditors’ committee and must be labeled.

 

  • 67

The participation of trade unions in the creditor committee

 

If the debtor employee is entitled to attend meetings of the creditors committee or provisional creditors’ committee in an advisory capacity with the union, which the debtor operates. It works if the debtor applies to more trade unions have the right to union with the largest number of members of trade unions or associations with the largest number of members, unless the trade union acting with the debtor differently.

 

  • 68

The representative of creditors

 

(1) If this option is mandatory creditors’ committee, the creditors’ meeting may instead choose the creditors’ representative and an alternate.

(2) The provisions of the creditors ‘committee pays for the creditors’ representative and an alternate analogy.

 

Part 5

Other individuals

 

  • 69

Prosecution

 

If the bankruptcy court against the decision subject to appeal, it can also be made by the prosecution, which entered into insolvency proceedings, a step in the dispute or to the moratorium.

 

  • 70

The liquidator of the debtor

 

(1) The liquidator of the debtor in insolvency proceedings performs its activities to the extent that they moved to a bankruptcy trustee, within its scope also includes coordination with the insolvency administrator of the debtor imposed by law.

(2) Jurisdiction under paragraph 1 shall be exercised by the liquidator of the debtor filing bankruptcy proposal, in the case of an insolvency petition creditors from the decision to decline.

(3) In connection with its activities in the insolvency proceedings the debtor’s liquidator has the right to reimbursement for necessary expenses and reasonable compensation to be determined by the insolvency court to the draft Insolvency Administrator in accordance with special legislation.

(4) For persons with similar status liquidator of the debtor pays paragraphs 1 to 3 accordingly.

 

TITLE III

PROVISIONS insolvency proceedings

 

Delivery

  • 71

 

(1) The Court decision, summons, notice or other document bankruptcy court or participants in insolvency proceedings served by publication of the document in the Insolvency Register (hereinafter referred to as “delivery Decree”), unless the law provides for certain cases or for certain persons or particular method of delivery .

(2) Upon delivery of the Decree, the document is considered delivered on the day or the moment of its publication in the Insolvency Register, the publication of the document at the time of the Insolvency Register is the date, hour and minute publication.

(3) The duty of the insolvency court decree publish various information provided in this Act, is satisfied with the publication of the documents in the insolvency register, with the publication of the document in the insolvency register, paragraph 2 shall apply mutatis mutandis.

 

  • 72

 

(1) In addition to delivery of the publication of a decree or decree of the insolvency court document or the information public through the mass media or network or electronic communications services where this is appropriate given the number of participants and the nature of things, this publication may not be given.

(2) The parties shall be summoned to the insolvency court made a decree shall be published at least 15 days prior to the date when the act or any other act of bankruptcy court held.

 

  • 73

 

Unless provided otherwise in this Act shall be served on the insolvency court decree also judicial decisions issued under this Act before the commencement of insolvency proceedings, or after, the same is true for service of the summons, notice or other document with the release of such judicial decisions related.

 

  • 74

 

(1) Publication of documents in the Insolvency Register is a proof of delivery and the specific method of delivery of the document.

(2) If the delivery of documents for which the law provides a special delivery method, connected the beginning of the period for appeal or other procedural act, the period shall run from the date the document was received by the addressee in a special way. About the addressee must be informed.

  • 75

(1) The specific method of delivery as if the law requires that the document was served separately or to the addressee.

(2) Except as provided otherwise in this Act shall be served on the document in a separate debtor insolvency proceedings, the insolvency administrator, prosecutor’s office, which entered into insolvency proceedings, the creditors’ committee. Court decisions shall be delivered particularly well to the persons for the administration of bankruptcy court decisions, and those who are in insolvency something personal performance. Documents which so special regulation 16) shall be notified separately also authority conducting business or other register in which the debtor is registered.

(3) In addition to delivery decree may in some cases separately and delivered the documents to which the President of the Senate. This insolvency court shall not be inconsistent with the principle of equality of parties of insolvency proceedings.

  • 76

(1) Delivers the liquidator of documents relating to insolvency proceedings in person, while the legal position of the deliverer.

(2) The documents delivered by postal service sends an insolvency administrator, if insolvency proceedings necessary for proof of delivery documents, by postal mail with acknowledgment of receipt or by postal mail intended for delivery to the addressee.

(3) Unless the insolvency administrators to effect service through a network or electronic communications services, in person or by postal services, may request the delivery of bankruptcy court.

  • 77

(1) A document delivered to a specified insolvency administrator the insolvency court in insolvency administrator data box 16a). If you can not deliver the document in this way, the insolvency court shall transmit the document doručujícímu authority to deliver the address of its registered office in the list of insolvency administrators. If the insolvency administrator so requests, the insolvency court shall forward the document for delivery to another address in the Czech Republic, said the insolvency court. At another address or e-mail address can be delivered only if it can not deliver data to the clipboard.

(2) The document specified insolvency administrators including documents delivered to the hands can also take on his staff, as well as other individuals who do bankruptcy trustees seized.

  • 78

(1) If the insolvency administrator of a natural person which, according to Civil Procedure documents given her position as delivered differently than other individuals, and it is not possible to effect service within the insolvency administrator data box 16a) insolvency court shall forward the document to the insolvency administrator doručujícímu authority to serve in this way, § 77 shall apply.

(2) Unless the case referred to in paragraph 1, the insolvency court in the document to be transmitted to deliver doručujícímu body connects to sign an amendment of the insolvency administrator “insolvency administrator”.

  • 79

(1) document to the creditor committee insolvency court delivers the data box 16a of the chairman). If you can not deliver the document in this way, the document shall doručujícímu authority to deliver the address for service of the President.

(2) If a creditors ‘committee’s request, the insolvency court shall forward the document for delivery to another address in the Czech Republic, the creditors’ committee told the insolvency court. At another address or e-mail address can be delivered only if it can not deliver data to the clipboard.

(3) For service pays the creditor committee to § 78 paragraph 1, mutatis mutandis.

  • § 80

(1) If the person to whom the document is delivered separately, failed to deliver the document to the address stated in the submission made by the insolvency proceedings, such as address of residence or as an address in the Czech Republic, which had to be delivered to the document, delivers bankruptcy court document again by decree; § 74 paragraph 2, in this case. If the document did not include the addressee, endorse it before the insolvency court decree and delivery of this figure.

(2) In any case where the person to whom the document is delivered separately in multiple insolvency filing, the document delivered to it pursuant to paragraph 1 to the address or residence address in the Czech Republic, which is to be delivered to a document that stated in the last administration of the insolvency court.

(3) A person to whom the decision of the insolvency court decree delivered or was delivered only a shortened version of such a decision is entitled to a free copy of the copy of the decision. Insolvency court does so at her request.

  • 81

Disciplinary fine

(1) The procedural fine 17) insolvency court may impose as members or alternates of the creditors’ committee, who, without proper excuse not participate in its meetings or otherwise fulfill its obligations.

(2) the insolvency administrator, has not fulfilled the obligation imposed on him by a court or other duly failed to fulfill its obligations, the insolvency court may impose a disciplinary penalty, even repeatedly, but up to the aggregate amount of CZK 200 000.

  • 82

(1) Preliminary arrangements in insolvency proceedings insolvency court order of its own motion, unless the law provides otherwise. Claimant preliminary injunction that would order the bankruptcy court may of its own motion, it is not obliged to lodge a security. Requirement for a guarantee as the petitioner preliminary injunction has the borrower.

(2) Interim measures may insolvency court at the time of the decision on insolvency petition also

  1. a) appoint a provisional administrator,
  2. b) limit the reasons worthy of special consideration, as set out in the interim relief one of the effects associated with the initiation of insolvency proceedings referred to in § 109 paragraph 1 point. b) and c), unless exempted by the common interest of creditors, or
  3. c) impose insolvency applicant who is not an employee of the debtor and whose claim against the debtor is not only in labor claims to provide security to ensure compensation for damages or other relief which the debtor was unjustified initiation of insolvency proceedings and actions taken in the course.

(3) if it is not contrary to the common interest of creditors, the insolvency court for reasons worthy of special consideration injunction also

  1. a) grant consent to the netting of mutual claims of the debtor and creditors during the period of moratorium, or
  2. b) give consent to the netting of mutual claims of the debtor and the creditor after the publication of the proposal to permit bankruptcy reorganization in the register, or
  3. c) prohibit certain cases for a specified period or set-offs of the debtor and creditor.

(4) Interim measures by imposing the obligation to provide a guarantee for damages or other relief which the debtor was unjustified initiation of insolvency proceedings and actions taken in the course may be ordered only on a proposal made by the debtor during the first act, belongs to the debtor after insolvency petition and only if the debtor can prove that he build such damages or other relief is a clear threat. However, by the results to date of insolvency proceedings can be expected that the debtor’s bankruptcy will be witnessed, bankruptcy court a motion for such a preliminary injunction refused. Adequately continue to apply the provisions of § 202, paragraph 5, and 6 and the provisions of the Civil Procedure Code concerning security at a preliminary injunction. Interim measures pursuant to paragraph 3 shall be ordered only on the proposal of the debtor, trustee, creditors, whose offsetting involves, or the person on it has a legal interest.

(5) The decision on the application for interim measures pursuant to paragraph 2. b) or c) the insolvency court shall deliver into the hands of the debtor, the insolvency administrator, the person who filed such a proposal, and insolvency petitioner. Interim measures pursuant to paragraph 3 shall be notified to the bankruptcy court’s own hands debtor, the insolvency administrator, the person who filed such a proposal, and if the preliminary injunction applies to claims of creditors and those creditors. If the bankruptcy court has ordered interim measures, delivers a decision on the application for interim measures pursuant to paragraph 3, particularly the debtor, the insolvency administrator and the person who filed such a proposal.

(6) If the debtor is an operator or participant in a payment system with the finality of settlement, international payment system with the finality of settlement, the settlement system, settlement finality and settlement system of the foreign settlement finality, shall notify the bankruptcy court for interim measures under paragraph 3 together with the publication Insolvency register in the Czech National Bank.

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