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

Subject Matter

This Act regulates

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,
b) discharge the debtor.

Definition of some basic concepts

For the purposes of this Act:

a) the insolvency proceedings legal proceedings concerning a debtor’s insolvency or impending insolvency and the method of its solution,
b) the insolvency court trial, which takes place before the insolvency proceedings as well as court which decides the appeal in insolvency proceedings,
c) the proposal for bankruptcy petition bankruptcy court to initiate insolvency proceedings
d) interlocutory dispute controversies caused by the insolvency proceedings, which as provided by law, present in insolvency proceedings
e) the estate of the assets used to satisfy the debtor’s creditors,
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:
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,
h) the application claims a procedural step which satisfy creditor claims his rights in insolvency proceedings
i) Insolvency Register Information System, which contains information under this Act;
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,
a) the financial institution bank, savings and loan association, insurance and reinsurance, and under the conditions described in this Act and any other person.

Decline

(1) The debtor is insolvent if it has

a) more creditors and
b) the financial obligations for more than 30 days overdue
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

a) stop payment of a substantial part of its financial obligations, or
b) fails to comply for more than three months overdue, or
c) is not possible to obtain satisfaction of any outstanding monetary claims against the debtor enforcement or execution, or
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.

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

a) bankruptcy,
b) the reorganization,
c) debt relief and
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

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”)
b) if the reorganization, the decision to permit the reorganization and
c) if the debt relief, debt relief decision permits.

Principles of insolvency proceedings

Insolvency proceedings rests primarily on the following principles:

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;
b) creditors who are under this Act essentially the same or similar position in the insolvency proceedings have equal opportunities;
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;
d) creditors are obliged to refrain from acts aimed to satisfy their claims out of the insolvency proceedings, unless otherwise permitted by law.

Exceptions from the scope of the Act

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

a) State
b) territorial self-governing unit 2),
c) the Czech National Bank
d) the General Health Insurance Company of the Czech Republic
e) Deposit Insurance Fund,
f) Guarantee Fund of Securities Dealers,
g) a public college or
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

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

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.

Substantive jurisdiction

Regional courts decide as courts of first instance

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

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).

Participation prosecution

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

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

By individuals under this Act are

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

Insolvency court

Bankruptcy court in insolvency proceedings

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

(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.

(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.

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

(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.

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.

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

(2) Intervention in incidental disputes is permissible.

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

(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.

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.

(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

(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.

(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.

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.

(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.

(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

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)
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.

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.

(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.

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.

(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.

(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.

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.

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.

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.

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.

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.

(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.

(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.

(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.

(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.

(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.

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

(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

(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.

(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.

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

a) the person leading the securities register of insolvency administrators communicate details of where registered securities belonging to the debtor’s assets,
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,
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,
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
e) the insurance insolvency administrators communicate information about a debtor’s insurance policies and claims
f) publishers print the insolvency administrator shall communicate information on advertising, which relates to the estate
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.

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

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.

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.

(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

(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.

(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.

(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.

(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.

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.

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.

(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

(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.

(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.

(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:

a) oversee the insolvency administrator
b) providing support insolvency administrators in its activity,
c) grants the insolvency administrator or debtor authorizing officer consent to enter into contracts on credit financing,
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
e) may inspect the debtor’s accounts or records maintained pursuant to a special legal regulation 13);
f) may decide to verify the annual financial statements or extraordinary financial statements auditor
g) the debtor may inspect the documents in the same range as liquidator,
h) perform tasks under this Act or imposed on him by the insolvency court,
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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

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.

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

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.

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

(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.

(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.

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.

(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.

(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.

(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.

(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.

(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”.

(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.

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.

(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

a) appoint a provisional administrator,
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
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

a) grant consent to the netting of mutual claims of the debtor and creditors during the period of moratorium, or
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
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.

Relief in bankruptcy proceedings is not admissible, the same is true in the case of a missed court hearing, including the meeting of creditors or missed review hearing.

Joinder

Unless otherwise provided, it is not in insolvency proceedings permissible joinder of different borrowers joint management. “.

(1) Interruption of insolvency proceedings is not admissible, the period during which the Czech National Bank has suspended trading in all investment instruments on a regulated market under a special legal regulation 18), can not issue a decision on bankruptcy of a debtor who is an entrepreneur.

(2) If this is the case under paragraph 1, and suggests when it logged the creditor, debtor bankruptcy court appoint a provisional administrator. Unless the petitioner’s insolvency, bankruptcy court may impose such a lender to pay in due time advance to the preliminary cost controller, § 108 shall apply mutatis mutandis.

Action

(1) In insolvency proceedings, the insolvency court orders the hearing only if provided for by law, or if it is deemed necessary. O operations involving the insolvency court is the other persons on the merits of this case or on procedural matters assigned to it may have an influence, always keep a minute, if this is not possible due to the way the individual is turned on insolvency court and if the unilateral adoption or submission of information by the insolvency court in the common interest of creditors, the bankruptcy court is bound by so adopted or provided information each time an alert is to file bankruptcy. Particulars of record of such an implementing regulation.

(2) Proposals may be submitted under this Act and the procedural steps to be made at the hearing in a court action or the creditors’ meeting can not make additional persons who did not appear, although duly summoned.

Evidence

In insolvency proceedings the insolvency court shall perform other evidence needed to certify the debtor’s bankruptcy or his impending bankruptcy, than were participants proposed.

(1) Even in the case under this Act, the bankruptcy court may issue a decision or take any other action in insolvency proceedings after hearing the debtor, the debtor may waive the hearing if the debtor resides in a foreign country and if there is a danger undue delay; the same applies, if not known residence of the debtor. If possible, the insolvency court in this case heard by a representative of the debtor or a person close to the debtor.

(2) If the debtor is a legal entity, paragraph 1 shall apply mutatis mutandis to the interrogation of individuals who are authorized to act on behalf.

Decision

(1) insolvency court decisions in insolvency resolution.

(2) Unless this Act provides otherwise, in the header of the original order issued in insolvency proceedings, the markings of the insolvency court, and last names of judges, the debtor and his representative, the designation of the person for whose administration the decision maker and its representative, and sign things. If possible, indicate in the debtor also his date of birth or identification number of the person (hereinafter referred to as “identification number”).

(1) Unless otherwise provided, decisions issued by the insolvency court in insolvency proceedings shall be effective upon their publication in the Insolvency Register.

(2) A judgment given in insolvency proceedings in the hearing or immediately after the meeting, all participants are against the insolvency proceedings the insolvency administrator and effective when they are declared insolvency to participants and administrators who were present at the hearing, the decision on the merits in this case against all participants in the insolvency proceedings the insolvency administrator and effective, once the insolvency court will announce publicly.

(3) imposes the law to disclose the insolvency court decision referred to in paragraph 2 in the insolvency register, do so before the end of the working day immediately subsequent to the date of the hearing, at which the decision was announced. Instead of the full text of the decision can be declared as follows publish abridged version of the decision. Abridged version of decision usually no justification. Duty to disclose in insolvency register the full text of the decision announced immediately after shall be in writing, shall remain unaffected. The effects of a decision under paragraph 2 arise already publishing its abridged version in the insolvency register, such disclosure does not have the effect of delivery decisions.

The provisions of the Civil Procedure Code and the Law on Special procedure, the Court suspended the operation of the decision or to postpone the decision for the insolvency court issued in insolvency proceedings.

Remedies

Against decisions made by the insolvency court in the exercise dohlédací activities, including interim measures, the appeal is admissible, unless the law provides otherwise.

The Court of Appeal shall hear and decide appeals against decisions of the Court of First Instance issued in insolvency proceedings with the highest speeding, first appeal against the decision on a preliminary injunction against the decision to decline against the decision on how the bankruptcy and the decision on the approval of the reorganization plan .

(1) Where an appeal against a decision on a preliminary injunction against the decision to decline against the decision on how the bankruptcy and the decision on the approval of a reorganization plan to the court of first instance Court of Appeals thing, once all participants a deadline for filing an appeal , at the end of this period acts to eliminate defects early appeal to the receipt of the appeal to the other participants, to investigate the conditions of proceedings or an equivalent examination shall be the presiding judge appellate court.

(2) An appeal against the decision under paragraph 1 of the appellate court will discuss and decide on it within 2 months after it was submitted to the court of first instance to the provisions of § 92 is not affected.

(1) To consider appeals against decisions issued by the insolvency court in insolvency proceedings, the presiding judge orders the Court of Appeal hearing.

(2) Proceedings not be ordered if

a) refuses to appeal,
b) shall be terminated or suspended the appeal proceedings,
c) an appeal against the decision of the insolvency court, which, according to law, the act or regulation, without which no decision on the merits,
d) repealing Decision pursuant to § 219a paragraph 1 of the Civil Procedure Code,
e) appeal concerns only costs, deadlines to meet or preliminary enforceability.

(3) Negotiations also not be ordered if the appeal was filed only because of an error of law matters and participants the right to participate in the hearing of the case give up, or with no decision in the case of proceedings agree, this does not apply if the appellate court repeats or adds evidence.

Decisions issued in insolvency proceedings against which the appeal is admissible, it may also change the Court of First Instance as appeal in its entirety suit, this does not apply in the case of an appeal against a preliminary injunction or an appeal against a decision on itself.

(1) Restoration of insolvency proceedings is not admissible.

(2) In proceedings for nullity filed against the decision issued by the bankruptcy court in insolvency proceedings shall not apply § 235, paragraph 2 of the Civil Procedure Code. The decision, which was based on an action for nullity annulled the decision issued by the bankruptcy court in insolvency proceedings is effective from the date of legal force.

TITLE IV

CONSIDERATION OF BANKRUPTCY

And decided

Part 1

Commencement of insolvency proceedings

(1) Insolvency proceedings may be initiated only on the proposal, starting on the date when the insolvency petition is materially competent court.

(2) The insolvency petition must be in paper form provided with a notarized signature of the person who made it or in electronic form, the recognized electronic signature or sent through a data box, otherwise it will not be considered.

(3) If the insolvency petition signed by the manner set out in paragraph 2 only representative of the bankruptcy petitioner on the basis of the authority, as required under paragraph 2 is satisfied only if the notarized signature or electronic signature of a recognized insolvency petitioner provided to the insolvency petition attached power of attorney. This applies in the case of insolvency for the petitioner, which is a legal entity, its employee (member), which was commissioned by the statutory authority.

(4) The fact that the insolvency petition account, notify the insolvency court insolvency petitioner order from which no appeal permitted and which he delivered separately to the provisions of this Act on Delivery Order shall not apply.

(5) The insolvency petition may be filed by the debtor or the creditor, in the case of imminent bankruptcy, insolvency petition may be filed only by the borrower.

(1) A debtor who is a legal entity or natural person – entrepreneur is obligated to file an insolvency petition without undue delay after he learned or due diligence should know about your bankruptcy. This obligation is even if it was finally stopped by the forced sale of its business or execution under a special legal regulation 4) because the price of goods belonging to the enterprise does not exceed the amount of liabilities belonging to the enterprise, this does not apply if the borrower is another company.

(2) The obligation under paragraph 1 are also guardians of the debtor and its statutory authority, the liquidator of a debtor who is a legal person in liquidation. If these people more and they are authorized to act on behalf of the borrower alone has this obligation, each of them. Insolvency petition submitted on behalf of the debtor.

(3) The obligation to file an insolvency petition in accordance with paragraphs 1 and 2 is not met, if insolvency proceedings on the proposal due to the petitioner arrested or where the insolvency petition is rejected.

(1) A person who in contravention of § 98 did not submit an insolvency petition, the lender is responsible for damage or other injury causes a breach of this obligation.

(2) Damage or other damage under paragraph 1 is the difference between the insolvency proceedings determined amount of the claim filed to satisfy the creditor and the amount the creditor in the insolvency proceedings to satisfy the claims received.

(3) A person referred to in paragraph 1 of liability for damage or other loss under paragraph 2, exempt only if he proves that the infringement to submit an insolvency petition did not affect the extent of the amounts for the satisfaction of the claim filed by the creditor in the insolvency proceedings, or that this obligation failed due to facts that occurred independently of her will and could not turn away even by exerting all efforts that can reasonably be required thereafter.

(1) If in the course of insolvency proceedings obvious that the lender has suffered damage or other harm breach of duty of an insolvency petition, the bankruptcy court to grant interim relief, which saves a person required to pay for such damage or other loss passed to the custody of court a reasonable sum of money 19). It does so only on the proposal authorized lender. Preliminary injunction does not prevent the total amount of damages or other harm can not yet be quantified.

(2) The amount to be lodged shall be determined by the insolvency court to cover a substantial part of the expected damage or other injury. In the preliminary injunction imposed insolvency court the petitioner within a period to which it lays down, which may not end before the end of bankruptcy proceedings filed in the court action for damages or other injury; management of this action is interlocutory dispute.

(3) The extent to which the court upheld the action for damages or other damages under paragraph 2 shall be deemed to be his decision to the decision on the subject with the release of escrow plaintiff.

Notice of initiation of insolvency proceedings

(1) Opening of insolvency proceedings the insolvency court shall decree to be published no later than two hours after he arrived for insolvency. If there is an insolvency petition insolvency court at the time of the end of office hours insolvency court with less than 2 hours, or days of rest, the insolvency court shall publish this ordinance no later than 2 hours after the start of office hours the next working day bankruptcy court. The decree contains

a) identification of the insolvency court that issued it,
b) identification of the petitioner’s insolvency,
c) the debtor,
d) an indication of the time of its publication in the Insolvency Register
e) name and surname of the person who issued it,
f) the date of issue.

(2) Notice under paragraph 1 shall be served on the insolvency proceedings; appeal against it is not permissible.

(1) The commencement of insolvency proceedings shall immediately notify the bankruptcy court

a) the tax office in whose district the debtor has its registered office, if the debtor is a legal person, or the tax office in whose district the debtor has his domicile,
b) the customs office in whose district the debtor has its registered office, if the debtor is a legal person, or the customs office in whose district the debtor has his domicile,
c) The Labour Office of the Czech Republic _ regional office or branch in the City of Prague (hereinafter referred to as “regional office of the Labour Office”), in whose district the debtor who is an employer, residence or domicile, if the debtor is a natural person who is not established ,
d) the relevant District Social Security Administration,
e) a general court of the debtor,
f) the court, tax office, the bailiff or other authority empowered by the information contained in the insolvency petition and schedules attached thereto pending the enforcement or execution on the debtor’s assets
g) by the Czech National Bank, is the subject of the payment system with the finality of settlement, international payment system with the finality of settlement, a settlement system with the finality of settlement or settlement of foreign settlement with finality.

(2) If the insolvency court at the time of commencement of insolvency proceedings known to the tax debtor is a different tax authority shall inform him of the insolvency proceedings as well as financial office referred to in paragraph 1 point. a). For the office of the same applies.

(3) If the insolvency court at the time of commencement of insolvency proceedings is known that the debtor has assets in respect of which can result in enforcement or execution of court other than the general court of the debtor shall notify the commencement of insolvency proceedings and the court.

(4) If we start with the information necessary to process bankruptcy court pursuant to paragraphs 1 to 3 light only after the initiation of insolvency proceedings, but before the decision on bankruptcy, insolvency court shall notify the appropriate person to initiate insolvency proceedings immediately after this information came to light.

(5) The obligation to inform the persons referred to in paragraphs 1-3 will meet the insolvency court by giving them extra deliver a decree announcing the commencement of insolvency proceedings.

Part 2

Insolvency petition

(1) Insolvency in addition to the general design requirements for filing 20) include the designation of the insolvency of the debtor and the petitioner to which it relates, or designate their representatives. A natural person must be identified by name, surname and residence (seat) and if it is a business, whether or identification number. A legal person shall bear the name or business name, address and identification number. If the petitioner state insolvency petition must contain a designation relevant government departments to the state before the bankruptcy court acts.

(2) The insolvency petition must also be given a decisive factor, which certify the debtor’s bankruptcy or impending bankruptcy, the fact of showing entitlement to make a proposal, unless the debtor bankruptcy petitioner, described the evidence which the petitioner relies on insolvency, and it must him to be seen what the petitioner seeks it bankruptcy.

(3) Insolvency petition must be submitted with the requisite number of copies to one copy remained in bankruptcy court and to everyone who served, was given a copy. Insolvency petitioner is required to connect insolvency návrhu required attachments and the documentary evidence relied upon, attachments and documents are not part of an insolvency petition.

(4) A copy of the creditor’s insolvency petition shall be served on the debtor only, and into their own hands. Debtor’s insolvency petition is not delivered.

(1) Where a debtor insolvency petition is required to connect

a) a list of his assets, including their claims, stating its debtors (the “asset”)
b) a list specifying their obligations with their creditors (the “commitment list”)
c) a list of its employees,
d) documents proving the insolvency or impending insolvency.

(2) The list of property the debtor is obliged to mark their individual assets, including receivables. For claims outline the facts on which they are based, indicating the sums, specifically further comment on their recoverability. For assets, including receivables, which is a judicial or other proceedings or in respect of which has already been decided by the competent authority, the management of the debtor (decision) marks.

(3) The list of commitments, the debtor’s creditors as a mark all persons, of which he is known to have a claim against him or other proprietary rights, or against it or other property rights apply. If the borrower, the borrower persons near or persons constituting the borrower group 21), the debtor must expressly mention these facts. Debtor list of commitments shall be an indication of the amount and maturity of individual commitments and briefly indicate which of the claims of his creditors to deny what reason or in amount and why. If a borrower to a lender, of which it is aware that against him shall have the right to ensure the satisfaction of, or who have the right to apply it, give it away. For claims of creditors of these things further marks, rights, claims, or other assets, which applies to the satisfaction of the collateral, including information about which movable property held by the creditor or a third person, and indicate the type of collateral and the reason for its creation. In addition, the debtor shall state whether and to what extent the right to satisfaction of securing denied and why.

(4) If the debtor does not have any employees or any debtors, indicate it explicitly in the lists. For those who are in the lists of § 103 paragraph 1, mutatis mutandis. Lists submitted by the debtor must sign and they explicitly state that it is accurate and complete.

Where a bankruptcy petition creditor must prove that he has matured claim against the debtor, and the proposal to join the application, if it is a claim which is in insolvency proceedings or not logging, it shall be after the bankruptcy decision as applied in accordance with § 203

(1) A debtor who intends to deal with its impending bankruptcy or debt of the bankruptcy, insolvency petition must connect with a proposal to permit discharge. With the bankruptcy proposal is also possible to connect a proposal to allow the reorganization. In these cases, the insolvency petition contain the particulars prescribed for these proposals and it must be accompanied by other required attachments to them.

(2) Even if the proposals are not linked to insolvency proposals pursuant to paragraph 1, it can be stated as it should be solved according to the petitioner’s bankruptcy insolvency of the debtor.

(1) Other insolvency petition filed on the same property of the debtor before the bankruptcy court issues a decision on bankruptcy, is considered to intervene. From the moment that such a proposal will insolvency court in which proceedings are pending insolvency of the original proposal, the person who made it further considers the insolvency of the petitioner.

(2) The applicant pays additional state insolvency proceedings at the time of its accession to the proceedings.

(3) If another insolvency petition filed at the time the bankruptcy court has already ruled on the original insolvency petition other than the decision to decline, but this decision is still not delivered to participants of the insolvency proceedings, the insolvency court issued decision to the petitioner and further insolvency. Out of the other insolvency insolvency petition to a court decision on the original receipt insolvency petition, but before this decision becomes final, the petitioner may file another bankruptcy against such decision before the period starting from the last delivery of those participants who are authorized lodge an appeal against the decision, this does not apply if the decision on the original proposal was to further insolvency insolvency petitioner has already served.

(4) To further insolvency application made after the bankruptcy court issued a decision on bankruptcy, shall be disregarded. If another part of the insolvency petition and proposal for method of solving the debtor’s bankruptcy, which was filed before the bankruptcy court on how to resolve the debtor’s bankruptcy decided to remain on the effects of the proposal method of solving the debtor’s bankruptcy intact.

(5) A copy of the other insolvency petition filed by a person other than the debtor shall be delivered to the petitioner only dosavadnímu insolvency and debtor, and into their own hands.

Advance payment of costs of insolvency proceedings

(1) The insolvency court may, before the decision to impose the insolvency insolvency petition the petitioner, within a specified period of time deposit paid for the costs of the insolvency proceedings, if necessary to cover the costs and resources needed can not be provided otherwise, this applies even if it is If it is clear that the debtor has no assets. This backup can not be saved insolvency petitioner – employees of the debtor whose debt is only in labor claims. The obligation to pay a deposit saved insolvency court of the debtor, the insolvency petition may decide without delay so that it will issue a decision on bankruptcy, which combined with the decision to permit discharge of debts.

(2) The amount of advance insolvency court may determine the amount of up to 50 000 CZK. If more insolvency petitioners are required to pay a deposit jointly and severally.

(3) If the advance on costs of insolvency proceedings within the time paid, the bankruptcy court before deciding on insolvency petition to stop the bankruptcy proceedings, and failing that, may proceed to its enforcement, shall so advise the petitioner’s insolvency.

(4) Unless the debtor, the person who paid the advance for the costs of insolvency proceedings, to pay its exercise in the insolvency proceedings as a claim against the estate.

Part 3

Effects associated with the initiation of insolvency proceedings

(1) The commencement of insolvency proceedings to combine these effects:

a) claims and other rights relating to the estate can not be applied to an action can be applied to the application,
b) The right to satisfaction of ensuring that relates to property owned by the debtor or property belonging to the estate, you can apply a newly acquired only under the conditions laid down in this Act, it applies to the establishment of a judicial lien on real estate executor or lien on real estate , which was designed after the commencement of insolvency proceedings
c) the exercise of judgment or execution, which affected property owned by the borrower, as well as other property belonging to the estate, or may be ordered to launch, but it can not perform. For claims against the estate of (§ 168) a claim of equivalent status (§ 169), however, can be done or to enforce the judgment or execution, which affected property belonging to the estate of the debtor, under the insolvency court issued pursuant to § 203 paragraph 5 and restrictions established by this Decision. Unless stipulated otherwise, enforcement or execution continued to orders or to initiate and conduct against the debtor
d) can not apply the agreement of the creditor and the debtor’s right to payment based deductions from wages or other income, which is the enforcement of decisions treated as wages or salary.

(2) acts, implementing the enforcement or execution, is not an act made to ensure the debtor’s assets for the purposes of his disability in such enforcement or execution. With the commencement of insolvency proceedings combine other effects provided by law.

(3) The time limits for exercising rights that can be applied under paragraph 1 application only, after the commencement of insolvency proceedings do not begin or continue running.

(4) The effects of insolvency proceedings occurring at the time of publication decree announces the opening of insolvency proceedings, the insolvency register.

(5) Unless the Act for any of the other ways of dealing with bankruptcy, lasting effects associated with the initiation of insolvency proceedings by the end of bankruptcy proceedings, and in the case of reorganization, the approval of the reorganization plan.

(6) The decisions and measures taken in the implementation of enforcement or execution contrary to the limitations under paragraph 1. c) the insolvency proceedings taken into account. If it is necessary to fulfill the purpose of the insolvency proceedings, the insolvency court’s own motion at any time suspend or postpone the enforcement of the legal force of a decision or action taken in pursuance of execution or seizure in violation of the restrictions referred to in paragraph 1 point. c) You can also disable the decision or action in preparation for the implementation of enforcement or execution contrary to the limitations under paragraph 1. c). The decision of the bankruptcy court under the second sentence may be appealed participants enforcement proceedings or enforcement proceedings; these persons, as well as the authority or person that decision or measure the implementation of the enforcement or execution adopted or prepared with the insolvency court under the second sentence be served separately.

(1) Creditors of the debtor’s insolvency proceedings are entitled to apply it in their claims application, even if the bankruptcy court still did not disclose the call for applications.

(2) The insolvency court shall invite the creditors who wish to exercise their claims in insolvency proceedings to submit their application claims. This challenge can be combined with a notice of initiation of insolvency proceedings, if taken separately challenge in the course of insolvency proceedings, announces the same way that announces the opening of insolvency proceedings.

(3) Application of receivables to an invitation under paragraph 2 may make creditors until the bankruptcy. Shorter period is not entitled to bankruptcy court to determine. Particulars of the call shall be stipulated.

Dealing with estate

(1) Unless the court otherwise insolvency, the debtor is obliged to refrain from the time when the effects associated with the initiation of insolvency proceedings, estate management and property that may belong to it, where it should be a substantial change in the composition, or intended use of the property, or of his not insignificant reduction. Debts incurred prior to commencement of insolvency proceedings the debtor is authorized to perform only the extent and under the terms of this Act.

(2) The restriction in paragraph 1 shall not apply to actions necessary to fulfill the obligations stipulated by special legislation 22), to operate a business in the ordinary course of operations, to avert imminent harm to the performance of a legal duty to comply with a procedural sanctions. In addition to the restrictions referred to in paragraph 1 shall not apply to the satisfaction of the claims against the estate of (§ 168) and claims treated as such (§ 169); these claims are satisfied in terms of maturity, if the state of the assets of the possible.

(3) The legal acts which the debtor made in accordance with the restrictions set out as a result of events associated with the initiation of insolvency proceedings, are ineffective against creditors, unless the debtor to them or requested by creditors before bankruptcy court approval.

(1) The insolvency court shall appoint an administrator preliminary injunction motion and, if ordered interim measures which restrict the use of the debtor’s estate to a greater extent than specified in § 111th

(2) The insolvency court may appoint a provisional administrator even if the moratorium or if justified by the extent of the estate which is suitable to identify and provide preliminary, or if there are other equally compelling reasons.

(3) The obligation is to perform preliminary administrative steps to identify the debtor’s assets and collateral, as well as to review the debtor’s accounts or records maintained pursuant to a special legal regulation 13).

(4) If the insolvency court before the decision to cancel the pre-bankruptcy measure was appointed a provisional administrator, saves him at the same time, within a specified period of insolvency court filed a report on its activities, especially on the state of assets managed, and to report their costs incurred. The same shall apply if the change on appeal the appellate court an interim measure, unless the terms of the changes which are not related persons and interim manager of its operations.

(1) If it is necessary to prevent in time before the decision on bankruptcy changes in the size of the estate to the detriment of creditors, bankruptcy court’s own motion may order an interim measure, which saves the borrower in order not to dispose of certain things or rights belonging to his estate or decide that the debtor may dispose of the estate or part thereof without the prior consent of the administrator. It may also require that persons who have obligations to the debtor, the debtor did not provide future performance, but a preliminary administrator. At the same time appoint a provisional administrator, if not done so before.

(2) The decision under paragraph 1 of the insolvency court shall deliver into the hands of the debtor and interim managers. Other decisions on the application for interim relief shall be delivered separately to the debtor and the person who filed such a proposal.

(3) To the extent that the limitations imposed by that part of the debtor’s estate that is registered in the Land Register, the Register of Securities or other public or private lists, which, under special legislation proving ownership or other property rights to the property, insolvency court shall deliver a copy of the preliminary injunction also centers the cadastral land registry offices (hereinafter referred to as “cadastral office”), Notarial Chamber of the Czech Republic and the institution or person who leads other public or nonpublic list. 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 injunction simultaneously with its publication in the insolvency register by the Czech National Bank .

(4) The preliminary measures ordered under this provision may appeal only to the borrower. In the case of a resolution setting bankruptcy court of such a proposal to dismiss the preliminary injunction, the person entitled to appeal the person who made an application.

(5) interim measures expire

a) the expiry of the period over which should take
b) a decision under § 142, unless the bankruptcy court in that decision that the interim measures to cease the decision,
c) the effectiveness of the moratorium, unless the bankruptcy court in its decision to declare a moratorium otherwise
d) a decision on provisional measures shall be lifted as soon as the reasons for which they were enacted.

(6) Decisions pursuant to paragraph 5 letter. d) the bankruptcy court may issue its own motion. For its delivery applies to paragraph 2 and 3, mutatis mutandis; appeal against it can only be that a proposal for preliminary injunction filed, unless the same person who proposed the abolition of interim measures.

If a person has an obligation to the debtor fulfills this obligation after the commencement of insolvency proceedings against the debtor, although the preliminary performance measure is to provide interim managers, and performance does not fall into the estate is not thereby relieved of its obligation, unless the company proves that the interim measures could not to know.

Part 4

Moratorium

A debtor who is an entrepreneur, you may within 7 days of the insolvency petition, and in the case of an insolvency petition creditor, within 15 days of its receipt of bankruptcy court, the insolvency court to propose a moratorium, this right is not a legal person in liquidation.

The proposal for a moratorium

(1) A moratorium on the addition to the general requirements for filing 18) contain all the facts which justify its publication.

(2) The request under paragraph 1 of the debtor in addition to the lists and documents, which must connect to the insolvency of the proposal shall attach latest financial statements and the written statement the majority of its creditors, calculated according to their claims that with the announcement of the moratorium agreement, signed on creditors this statement must be authenticated.

The decision on the proposal for a moratorium

The proposal for a moratorium insolvency court shall decide by the end of the first following working day after the date on which such a proposal came to him, § 43 of Civil Procedure shall not apply.

Moratorium

(1) The insolvency court shall declare a moratorium, if the assumptions mentioned in § 115 and 116 and was not yet decided if the insolvency petition, otherwise reject a proposal for a moratorium.

(2) A decision which the insolvency court shall declare a moratorium, no appeal is admissible. A decision on the moratorium proposal rejected may appeal only to the borrower.

(3) 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 a moratorium resolution simultaneously with the publication in the Czech insolvency register National Bank.

The effectiveness of the moratorium

(1) The moratorium is effective from the date of publication of the decision of its publication in the insolvency register and lasts for the period specified in the proposal for a moratorium, but no longer than 3 months.

(2) The insolvency court may, on application of the debtor to extend the moratorium for a maximum of 30 days, if the debtor for such an application connects to the date of application for an updated list of commitments and a declaration of most of its creditors, calculated according to their claims that it agrees to extend the moratorium; signatures creditors on this statement must be authenticated.

Effects of the moratorium

(1) For the duration of the moratorium can not issue a decision on bankruptcy.

(2) Unless otherwise provided for the duration of the moratorium remain the same effects associated with the initiation of insolvency proceedings.

(1) Even during the period of moratorium such persons may intervene and assert the rights of creditors claims application. The effects of these operations, however, occur until termination of the moratorium, unless stated otherwise.

(2) A creditor of the debtor for the duration of the moratorium consider logging creditors and persons listed obligations.

Dealing with the estate of the duration of the moratorium

(1) Liabilities directly associated with the maintenance service company incurred in the last 30 days before the announcement of a moratorium or after the debtor for the duration of the moratorium is entitled to pay in preference to earlier due obligations.

(2) Contracts for supply of energy and raw materials, as well as other contracts for the supply of goods and services on a moratorium lasted for at least 3 months, not the other party to the contract for the duration of the moratorium to terminate or withdraw from them for the debtor’s delay in payment payment for goods or services that occurred before the establishment of a moratorium or for worsening the situation of the debtor’s property, if the debtor pays under these contracts properly and on time at least obligations under paragraph 1

(3) Set-off of the debtor and the creditor is not for the duration of the moratorium permitted, unless otherwise determined by the insolvency court injunction. This applies even if the statutory conditions were met off the establishment of a moratorium.

(1) If proposed by the debtor, appoint a bankruptcy court decision on the moratorium interim administrator. For the duration of the moratorium constitutes insolvency court administrator also pre-proposal to a creditor or creditors of the debtor, who did not sign a declaration under § 116, paragraph 2, and whose claims, calculated according to the above must be at least a tenth of the claims of creditors, the debtor stated in the list of commitments.

(2) Unless the petitioner’s bankruptcy, the bankruptcy court the petitioner or petitioners under paragraph 1 save in due time to pay a deposit prior to the cost controller, § 108 shall apply mutatis mutandis.

Termination of moratorium

(1) The moratorium expires at the end of the period for which it was declared, before the expiry of this moratorium expires bankruptcy court decision to annul it.

(2) Bankruptcy Court invalidates the moratorium

a) the design of most creditors, calculated according to the amount of their claims, listed liabilities
b) its own motion, if the debtor stated in the proposal for a moratorium on false information, or come to know the duration of the moratorium that followed the establishment of a moratorium the debtor dishonest intent, particularly preferred to meet only some of its creditors.

(3) The decision under paragraph 2. b) issue a bankruptcy court hearing on the debtor, interim receiver, if appointed, and usually also the expression of at least 3 creditors with the highest debts, who signed a declaration pursuant to § 116 paragraph 2

(4) A proposal to repeal the moratorium insolvency court shall decide without delay.

(5) Before the expiration of the moratorium period expires and that the insolvency court shall refuse or reject a proposal or bankruptcy proceedings it stops.

Borrower referred to in § 115 of the insolvency court may submit a proposal for a moratorium and before the commencement of insolvency proceedings. Unless stipulated otherwise, the proceedings on this proposal similarly § 115 to 124

(1) Determines if a proposal for a moratorium before the commencement of insolvency proceedings, the insolvency court to publish a decision on a moratorium on the course management information, the right to inspect the file, with the exception of records of the vote, and make fun of him and copies of statements, has During this period only by the debtor.

(2) Before the commencement of insolvency proceedings occur moratorium announcement effects associated with the initiation of insolvency proceedings, the provisions of § 122 is not affected.

(3) The notice of a moratorium before the commencement of insolvency proceedings shall apply for the duration of the moratorium provisions of § 102 by analogy.

(4) Moratorium announced before the commencement of insolvency proceedings and expires by the debtor shall submit an insolvency petition.

(1) A debtor who at the time of the moratorium violates its obligations under this Act, creditors responsible for damages or other injury causing them. This debtor is released from liability 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 moratorium.

(2) For damage or other damage arising under paragraph 1 shall be jointly and severally board members of the debtor.

Part 5

Consideration of an insolvency petition and decided

(1) Insolvency proposal does not contain all requirements or which is unintelligible or ambiguous, the court rejects the insolvency, if not for these shortcomings in the proceedings to continue, do so immediately, within 7 days after the insolvency petition was filed. The provisions of § 43 of Civil Procedure shall not apply.

(2) If the proposal is attached to the Insolvency Act required attachments, or does not contain the annexes prescribed requirements, the insolvency court determines the petitioner time to complete an insolvency petition. This period may be longer than 7 days, this does not apply in the case of an insolvency petition according to § 98 paragraph 1 If an insolvency petition within the time extended, the insolvency court shall refuse.

(3) The insolvency court may decide that it lists referred to in § 104 paragraph 1 by the debtor that bankruptcy is not the petitioner, if the petitioner insolvency enforceable against the debtor, the insolvency court impose this obligation of the debtor always. Publish lists of assets, in which case the insolvency register until after the decision on bankruptcy.

(4) Decisions pursuant to paragraph 1 shall deliver separate insolvency insolvency court claimant and the debtor, the person entitled to appeal the bankruptcy petitioner. The decision under paragraph 3 shall be notified separately debtor bankruptcy court, against this decision no appeal allowed.

128a

Rejecting an insolvency petition for obvious unreasonableness

(1) The insolvency petition filed by the creditor bankruptcy court rejects also when it is manifestly unreasonable, do so immediately, no later than 7 days after the bankruptcy petition was submitted.

(2) Insolvency petition is manifestly groundless especially if

a) insolvency petitioner demonstrates permission to file a claim, which, for the purposes of bankruptcy into account,
b) in the case of insolvency petition filed bankruptcy and re-filing the petitioner can demonstrate that it has fulfilled the obligations imposed on him or the previous decision on insolvency petition or
c) administering the insolvency petitioner Plainly the abuse of their rights at the expense of the debtor.

(3) The decision rejects the insolvency petition for apparent unreasonableness, the insolvency court insolvency save the applicant to pay for the administration of a disciplinary penalty specified to 50 000 CZK with regard to all the circumstances of the case.

(1) Insolvency Insolvency petitioner may take the draft back to the decision on bankruptcy or force other decision of the insolvency application.

(2) A creditor who has withdrawn an insolvency petition, it may claim for the same file again after 6 months from the date of withdrawal. The same applies to a person who acquired the asset from creditors.

(1) If an insolvency petition has been withdrawn, the insolvency court shall discontinue the proceedings. If an insolvency petition has been withdrawn after the bankruptcy court ruled it otherwise than a decision to decline, but the decision is not yet final, the insolvency court shall also decide on the revocation.

(2) If the petitioners more insolvency and insolvency petition to withdraw just some of them, the insolvency court shall suspend the proceedings only in relation to the petitioner, who took the proposal.

(3) If an insolvency petition has been withdrawn after the decision on bankruptcy, or after a different decision on insolvency petition has become final, the insolvency court decides that the withdrawal of the insolvency petition is not effective.

(4) Decisions under paragraphs 1 to 3 shall be notified separately insolvency insolvency court the claimant and the debtor, the person entitled to appeal the bankruptcy petitioner only.

(5) If the insolvency petition has been withdrawn because the debtor after the commencement of insolvency proceedings has paid a claim insolvency petitioner has in determining the replacement costs of the insolvency proceedings in doubt, consider that the debtor caused the cessation of insolvency proceedings.

The facts on which the bankruptcy court decides, it must be within the hearing of an insolvency petition certified.

(1) The debtor’s insolvency petition is sufficient if the relevant facts certified data insolvency petition and its annexes.

(2) If the debtor statutory bodies authorized to act on his own behalf, or if more persons who have the status of a statutory body, authorized to act on behalf of his own, and if the insolvency petition one of those persons signed, the insolvency court shall issue decision to decline until after the insolvency of such person or the proposal expressed her deadline for comments. Similarly, if the debtor has more legal representatives authorized to act on behalf of his own.

(3) Pursuant to paragraph 1 can not proceed, come in the course of insolvency proceedings to light the facts with the allegations contained in the debtor’s bankruptcy petition or the facts contained in the schedules attached to the insolvency of the proposal in conflict. The same applies if the bankruptcy court finds that the other person authorized to act on behalf of the debtor in an insolvency petition signed, with the filing of insolvency petition disagree.

(1) If the insolvency petition was denied or if the proceedings of him stopped, the insolvency petition may be a person other than the debtor to decide without a hearing only if

a) the insolvency court fully complies with the proposal, which no one contradicted or
b) it can be decided only on the basis of documentary evidence submitted by the parties and participants to the right of participation to a hearing waived, or a decision in the case of negotiations without agreement.

(2) The insolvency court always orders the conduct of insolvency petition by persons other than the debtor, if the decision depends on findings of facts in dispute as to whether the debtor is insolvent. If the inquiry is conducted to determine the debtor’s insolvency or bankruptcy of his impending evidence beyond the parties’ arguments, ordered the hearing even if the debtor’s insolvency petition.

(3) The debtor must always be given an opportunity to the insolvency of the proposal before deciding to decline comment.

Bankruptcy court is obliged to do so within 10 days of the insolvency petition acts leading to the decision point. The proposal by insolvency without undue delay, in the case referred to in § 132 paragraph 1 within 15 days of its submission, if the moratorium, this period ends before the expiry of 10 days from the termination of the moratorium.

When dealing with an insolvency petition filed by a person other than the debtor to others than participants in the insolvency proceedings the debtor the same rights and duties as a bankruptcy petitioner, acting not only for themselves. Incompatible if their acts acts of insolvency petitioner will be considered by the insolvency court, taking all circumstances.

The decision to decline

(1) The insolvency court shall issue a decision on bankruptcy, if the certificate or the taking of evidence established that the debtor is insolvent or that it threatened by insolvency.

(2) The decision to decline must contain

a) the statement that the debtor finds bankruptcy or impending bankruptcy,
b) statement, which establishes the insolvency court insolvency administrator
c) an indication of the decision, the effects of bankruptcy
d) appeal to creditors who have filed their claims, do so within two months, with a lesson about the consequences of not complying,
e) appeal to creditors insolvency administrator immediately told what security rights apply to the debtor matters, rights, claims, or other valuables, with lessons that may otherwise be liable for damage or other loss incurred by the estate assets will be written on time borrower to hedge, or by not timely detected security rights, this does not apply if these are obvious security rights of the public register
f) statement, which will determine the place and date of the meeting of creditors and the review hearing,
g) statement, which is stored debtor who have not done so by the deadline compiled and submitted to the insolvency administrator lists its assets and liabilities with its debtors and creditors.

(3) If the decision of the Bankruptcy linked the decision to permit discharge of debts, the time limit for submission of claims 30 days.

(4) The decision of the bankruptcy court also decides the insolvency of the debtor’s request to extend the deadline for submission of a reorganization plan (§ 316 paragraph 5 and 6). The bankruptcy decision, which involves a decision on the authorization of debt relief ordered by the insolvency court further debtor to pay advances on remuneration and cash expenses of the insolvency administrator.

(5) The insolvency administrator appointed in the bankruptcy decision follows the activities of a preliminary trustee if it has been previously established. When they are not the same person, the administrator is required to file a preliminary insolvency administrator complete information about their current activities and pass the results as well as documents that are available, and provide necessary assistance.

(1) convene a meeting of creditors the insolvency court to be held within 3 months of the decision on bankruptcy.

(2) The term review meeting determines the insolvency court to be held within 2 months after the deadline for registration of claims, but not earlier than 7 days after the expiry of that period, for reasons worthy of special consideration, the insolvency court may extend this period. If the decision to decline associated with the decision on discharge permits, determine the insolvency court date of the first review meeting to be held within 30 days after the deadline to log claims.

(3) If the first meeting of creditors convened following the decision to decline to take place before the conduct review, convene a bankruptcy court decision on bankruptcy creditors’ meeting to another day to be held review meetings, so that it takes place after the review meeting .

(1) The decision of the bankruptcy court specifically delivered to the debtor bankruptcy, insolvency administrator, provisional administrators, insolvency petitioner and those who joined the proceedings, the debtor and the insolvency administrator with the decision delivered into their own hands.

(2) If it considers it appropriate, the insolvency court to deliver a decision on the bankruptcy or its shortened version separately and the debtor’s creditors who registered their claims before its release.

Notification of the decision on bankruptcy

(1) The decision shall inform the bankruptcy court insolvency

a) the authority which maintains commercial or other register in which the borrower is enrolled
b) the tax office in whose district the debtor has its registered office, is a legal person, or the tax office in whose district the debtor resides instead notify another tax office, on which he is known to be the tax debtor,
c) regional office of the Labour Office in whose jurisdiction the debtor who is an employer, residence or domicile, if the debtor is a natural person who is not established,
d) the relevant District Social Security Administration,
e) a general court of the debtor,
f) the court, tax office, the bailiff or other authority to which the available results of the insolvency proceedings pending on claims relating to the estate or to be satisfied from the estate, including proceedings for enforcement or execution on the debtor’s assets
g) by the Czech National Bank, is the subject of the payment system with the finality of settlement, international payment system with the finality of settlement, a settlement system with the finality of settlement or foreign settlement system with finality of settlement,
h) the authority or person who maintains a public or non-public list, which under a special law to certify ownership of the debtor’s property, or substantially a right of belonging to the debtor’s estate, particularly the cadastral office, which recorded in the real estate assets, which is known to the insolvency court that belongs to the debtor, the Chamber of Notaries of the Czech Republic, which registers in the register of collateral assets, the insolvency court which is known to belong to the debtor; Centre of securities registered dematerialized securities of the debtor.

(2) The obligation to inform the persons referred to in paragraph 1 meets the bankruptcy court by giving them separately, delivers the bankruptcy decision.

The effects of a decline

Precautions and counting

(1) Even after the decision to decline lasting effects associated with the provisional measures ordered insolvency court, insolvency court may of its own motion to change its decision on interim measures. The extent to which the debtor is not entitled to dispose of the estate, this right shall pass the decision to decline the insolvency administrator.

(2) Set-off of the debtor and creditor, after the decision on bankruptcy allowed if the statutory conditions were met off before deciding on how to resolve the bankruptcy, unless stated otherwise.

(3) Deduction under paragraph 2 is not allowed if the debtor’s creditor

a) shall be chargeable in respect of its claims become registered the creditor or
b) has obtained creditable claim ineffective legal act, or
c) at the time of acquisition of chargeable assets of the debtor bankrupt knew or
d) has paid the debt due the debtor to the extent to which the claim exceeds the deductible of the creditor.

(4) offsetting referred to in paragraph 2 is also permitted in cases prescribed by this Act or as a preliminary measure of the insolvency court.

140a

Stay of proceedings

(1) The effects of the decline occurring at the moment of its publication in the insolvency register. The decision of the bankruptcy court to interrupt and arbitration of accounts receivable and other rights relating to the estate to be applied in insolvency application, or to which the insolvency proceedings are regarded as filed or receivables that are not satisfied in the insolvency proceedings (§ 170). Unless specified otherwise in these proceedings can not be continued for as long as it takes to effect a decision on bankruptcy.

(2) If the proceedings under paragraph 1 is interrupted, do not take place in the negotiations and the deadline is not running. If the procedure continues, the period begin to run again.

(3) Suspension of work on the parties who appear in the proceedings on the same side as the debtor only if it is indissoluble community of 37) or intervention 38).

(4) When the court or other authority competent to hear and decide the case hear about the stay of proceedings pursuant to paragraph 1, it shall inform the parties, at the same time learn that the proceedings can not be continued for as long as it takes to effect a decision on bankruptcy. The decision has been issued at the time when the proceedings were suspended, not deliver, unless the concern of other claims; If the procedure was discontinued after receipt of the decision, but before the decision becomes final, shall not take a decision on the extent to which the proceedings were suspended , legally. If the procedure continues, the decision shall be served again.

140b

The ban decision

Unless the proceedings referred to in § 140a, not in other legal or arbitration proceedings for the time it takes to effects of a decline to rule on claims and other rights relating to the estate to be applied in insolvency application, or to which insolvency proceedings are regarded as filed or receivables that are not satisfied in the insolvency proceedings (§ 170), this does not apply in the case of creditors’ claims for damages or non-material damage caused by a crime or unjust enrichment obtained criminal offense, if the criminal proceedings on the offense was seized assets of the debtor in property substantially. A judgment given in breach of the prohibition in the insolvency proceedings taken into account.

140c

Newly initiated proceedings

In the time it takes to effects of a bankruptcy, you can not initiate litigation and arbitration of accounts receivable and other rights relating to the estate to be applied in insolvency application, or to which the insolvency proceedings are regarded as filed, unless If the incidence disputes, claims or proceedings which are not satisfied in the insolvency proceedings (§ 170).

140d

Other proceedings

(1) Other than court proceedings and arbitration, the decision on bankruptcy and can not interrupt the newly started and the time it takes for the effects of bankruptcy decision, in such proceedings, but for the time it takes to effects of a bankruptcy, you can not decide on damages or other harm. A judgment given in breach of the prohibition in the insolvency proceedings taken into account. Unless otherwise provided by law, the other party to these proceedings continue borrower.

(2) The decision of the bankruptcy of other proceedings under paragraph 1 interrupt particularly

a) fiscal management,
b) proceedings relating to the deposit of real estate law,
c) the management of any outstanding wage claims of employees of the debtor under a special legal regulation 39);
d) the management of social security insurance and contribution to the state employment policy 40).

140e

Enforcement of decisions and execution

(1) In the time it takes to effects of a bankruptcy order or not to initiate enforcement of the judgment or execution, which affected property owned by the borrower, as well as other property belonging to the estate, it does not apply to regulations or initiation of enforcement or seizure under the insolvency court issued pursuant to § 203 fifth paragraph

(2) For the enforcement or execution ordered or commenced contrary to the restrictions referred to in paragraph 1 shall apply § 109, paragraph 6 likewise.

An appeal against the decision to decline

(1) A decision issued by a bankruptcy on the debtor’s insolvency petition of appeal is not allowed. The decision issued by the bankruptcy of insolvency by the creditor may appeal only to the debtor, but the withdrawal can be argued only that the decision to decline should not be issued because the decline is not certified, or because it prevents the obstacle provided in this Act. The facts that occurred or arose after the decision of the Court of First Instance on appeal is not taken into account.

(2) If a certified bankruptcy debtor is not a reason to cancel or Court of Appeal changed the decision to decline, the fact that the bankruptcy petitioner failed to substantiate that has unsettled claim against the debtor or the fact that the bankruptcy petitioner in the appeal proceedings had lost capacity to be party to the proceedings.

141a

The legal force of the decision on bankruptcy

After the decision to stop the decline of a court or other competent authority for the management of receivables or other rights, which was launched in accordance with the restrictions under § 109 paragraph 1 point. a) and § 140c.

Other decisions of the insolvency petition

In other decisions of the insolvency of the proposal are

a) refusal of an insolvency petition for defects or apparent unreasonableness,
b) termination of the proceeding for lack of driving conditions that can not be removed or which could not be removed or insolvency petition for withdrawal,
c) refusal of an insolvency petition.

(1) insolvency insolvency court shall reject the application unless the statutory requirements for issuing a bankruptcy.

(2) Insolvency petition filed bankruptcy court rejects a creditor, unless it was certified that the bankruptcy petitioner and at least one other person has a claim against the debtor due. Another person is not the person to whom some were transferred from the bankruptcy petitioner’s claims against the debtor or in part within 6 months before the insolvency petition or after the commencement of insolvency proceedings.

(3) If the debtor is in bankruptcy for over-indebtedness, bankruptcy insolvency court rejected the request made by the lender even if the debtor certifies acting in good faith that his insolvency was due to infringement of a third party and that with regard to all circumstances be reasonably be expected to turn in time to maturity of three months after its financial obligations.

(4) If the debtor is a legal entity, bankruptcy court rejects the insolvency petition filed by the creditor even if state or local government unit higher after the initiation of insolvency proceedings took all of its debts or guaranteed by.

Insolvency petition can not be rejected because the debtor’s assets will not be sufficient to cover the costs of the insolvency proceedings, even if it’s obvious.

(1) Decision to reject an insolvency petition shall be served on the debtor and the insolvency particular applicant.

(2) A decision to reject an insolvency petition may be appealed only to insolvency by the proposer.

(1) the effectiveness of decisions under § 142 void effects associated with the initiation of insolvency proceedings and has issued interim measures. If justified by the circumstances of the insolvency court may determine that the effects associated with the initiation of insolvency proceedings and has issued precautionary measures to terminate the decision.

(2) In proceedings for an appeal against a decision under § 142 is not taken into account the facts that occurred or arose after the decision of the Court of First Instance.

(3) If, under state insolvency proceedings should be decided by the insolvency court after the decision in accordance with § 142 of pocket expenses and remuneration interim administrator, as well as how their payment § 38 and 39 shall apply mutatis mutandis.

(1) If the insolvency proceedings on the motion were terminated or has been rejected due to the insolvency petition bankruptcy petitioner, the person to whom insolvency proceedings and actions taken during suffered damage or other harm, the right to compensation for such damage or other loss to insolvency petitioner. In case of doubt, it is considered that the appellant caused the cessation of insolvency insolvency insolvency proceedings or reject the proposal.

(2) The right to compensation for damages or other relief under paragraph 1 may also apply if the bankruptcy was dismissed, this does not apply if the insolvency petition was dismissed because the debtor after filing made commitments which certified its decay, or because that he agreed with creditors on a different way of meeting these obligations or the reason given in § 143 paragraph 3

(3) If the petitioner insolvency legal person liable for the fulfillment of damages or other damages under paragraphs 1 and 2 jointly and severally members of his statutory authority, unless they prove that, without undue delay after filing an insolvency petition informed the bankruptcy court that insolvency petition filed is not reasonable, or that does not meet any of the other conditions specified by law for issuing a bankruptcy.

(4) An action that invokes the rights referred to in paragraphs 1 to 3, a debtor filed within six months from the day when he was served with the decision closing the proceedings for insolvency petition, and the other person within six months from the publication of this Decision in Insolvency Register, a claim can not be decided before the legal effect of this decision. This is not a dispute incidence.

(5) If there was no time brought the exercise of the right referred to in paragraphs 1 and 2, the right to compensation for damages or other relief under paragraphs 1 and 2 by lapses. If no time had brought the exercise of the right referred to in paragraph 3, the right to seek damages or meet other damages under paragraphs 1 and 2 of paragraph 3 of this lapse.

(6) it is clear that a person was insolvency proceedings and actions taken in the course of insolvency due to the petitioner damage or other harm insolvency court may grant interim relief, which obliged person shall require the provision of compensation or other relief passed into custody in court a reasonable sum of money 19). It does so only on the proposal of the authorized person filed within 30 days of the decision to discontinue the proceedings on insolvency, the decision to reject the insolvency petition or a decision to reject an insolvency petition, interim measures, may not be required prior to entry into force of such decision. Preliminary injunction does not prevent that the total amount of damages or other relief can not yet be quantified. When a preliminary injunction further insolvency court shall proceed by analogy with § 100 paragraph 2 and 3

Section 6

Specification of the bankruptcy

(1) insolvency court together with the decision of the bankruptcy decision to declare bankruptcy if the debtor is a person who by this Act precludes the bankruptcy reorganization or debt relief.

(2) If the debtor with the bankruptcy proposal as a way in which the bankruptcy reorganization proposed, submit a reorganization plan adopted by at least half of all secured creditors, numbered according to their claims, and at least half of all unsecured creditors, calculated according to the above claims, connects the insolvency court the decision to decline the decision on how to resolve the bankruptcy.

(3) If the debtor with the bankruptcy proposal submitted a proposal to allow debt relief, bankruptcy court together with the decision to decline the decision on how to resolve the bankruptcy.

(1) Unless the case under § 148, the insolvency court shall decide on how to resolve the bankruptcy of a separate decision issued within 3 months after the decision to decline but may not decide until after the creditors’ meeting convened by the bankruptcy.

(2) Paragraph 1 shall not apply if

a) the debtor filed a petition for permission to debt relief in bankruptcy proceedings initiated on the basis of an insolvency petition of another person, in which case the insolvency court will decide on the method of resolving insolvency separate decision issued within 30 days after the declaration of bankruptcy, or
b) the debtor became the person which the law excludes resolving insolvency reorganization or discharge of debts, the bankruptcy decision, in which case the bankruptcy court to decide on the method of resolving insolvency bankruptcy before the date of the meeting of creditors convened a decision on bankruptcy.

(3) If the bankruptcy court to decide on how to address the decline in paragraph 1 shall be subject for the meeting of creditors convened a decision on bankruptcy always report the insolvency administrator of his past actions and his statements about the suitability of the proposed method of resolving insolvency, if such proposals more , expressed the insolvency administrator to which one considers most appropriate, and why.

If the bankruptcy court to decide how to resolve the bankruptcy pursuant to § 149 paragraph 1 and if the debtor is an entrepreneur, holds under this Act permitted the reorganization, the creditors’ meeting convened by decision of the bankruptcy may also adopt a resolution on how to resolve the debtor’s bankruptcy reorganization or bankruptcy .

(1) Resolution meeting of creditors under § 150 is adopted if the creditors of the entries on the day preceding the meeting of creditors

a) voted for them at least half of all secured creditors present calculated according to their claims and present at least half of all unsecured creditors, calculated according to the amount of their claims, or
b) voting for them at least 90% of the creditors present, calculated according to the above claims.

(2) If any of the creditors present at the meeting of creditors to participate in the vote only secured creditors or unsecured creditors only, the resolution is the meeting of creditors under § 150 adopted if the creditor entered on the day preceding the meeting of creditors voted for at least half of the creditors present and voting counted according to the amount of their claims.

(3) To present under paragraphs 1 and 2 shall not be considered a creditor who voted writing.

Adopt a resolution to the meeting of creditors under § 150, the insolvency court shall decide on the method of resolving insolvency under this resolution. This does not apply if at the time of adoption of a resolution on how to resolve the bankruptcy debtor is a person who act this way precludes the bankruptcy, or if it is adopted resolutions in conflict with the Reorganization Plan adopted by all groups of creditors, the debtor by the insolvency court after the decision bankruptcy; § 54 paragraph 1 shall not apply.

(1) If the insolvency court decides that the way the bankruptcy reorganization, together with that decision and the decision appointing the expert for the purpose of valuation of the estate, at the same time saves experts to draw up a written report. Similarly, the insolvency court shall proceed, if the creditors’ meeting next resolution on how to resolve the bankruptcy debtor’s bankruptcy and adopted a resolution recommending the realization of assets under § 290th

(2) creditors’ meeting that a resolution is passed on the way to resolve the bankruptcy reorganization, or meetings of creditors, in addition to resolutions on how to resolve the bankruptcy debtor’s bankruptcy and adopted a resolution recommending the realization of assets under § 290, may also adopt a resolution, which designates a person an expert pursuant to paragraph 1, in which case the insolvency court decides an expert under the provisions of this resolution.

(3) Resolution of the creditors’ meeting of the expert determination shall be adopted if the creditor entered on the day preceding the meeting of creditors voted for it at least two-thirds of all the creditors present, calculated according to the above claims.

(1) The remuneration of experts established by the insolvency court under § 153 is governed by the rules that generally govern the remuneration of experts in operations outside the trial 23).

(2) The amount of remuneration of an expert under paragraph 1 shall be approved creditors’ committee, if there is no reward for approval within 15 days after appointing the expert, approves its payment bankruptcy court.

(1) For the purposes of valuation of the estate at the discretion bankruptcy court under § 153, the debtor’s business operations ended on an expert opinion, part of the estate, which is claimed to satisfy the collateral is in the expert opinion will be appreciated and separately .

(2) expert opinion pursuant to paragraph 1, the insolvency court expert who soon convene for its consideration and approval of the creditors’ meeting, which also summons the expert, the expert opinion must be published in the insolvency register no later than 15 days before the date on which the meeting has creditors held.

(3) After hearing an expert opinion on the creditors ‘meeting will decide whether to approve it, and order the creditors’ meeting for approval of the expert’s report be adopted if the creditors of the entries on the day preceding the meeting of creditors voted for it at least two-thirds of the creditors present, calculated according to claims.

(4) According to the resolution of creditors’ meeting for approval of expertise insolvency court shall issue a decision on the price of the estate, against the decision of the appeal is not allowed.

If the creditors’ meeting approved expert opinion, may adopt a resolution, which designates a person of a new expert to the provisions of § 153 to 155 shall apply mutatis mutandis.

(1) Secured creditors of the estate to pay jointly and severally to pay half and finished expenses paid experts, and within the period specified in the notice of the insolvency administrator; between them shall be settled by the relative values of their collateral designated expert opinion.

(2) For a period during which the secured creditor is in default in complying with obligations under paragraph 1 shall be remunerated its secured claim.

Part 7

Deciding that the debtor is in bankruptcy

(1) Before deciding on how to resolve the bankruptcy decision pursuant to § 149 bankruptcy court’s own motion, the debtor is insolvent if it finds that

a) after the decision to decline was witnessed by the debtor’s bankruptcy, or
b) there is no logged and all creditor claims against the estate and assets they assimilated are met.

(2) Before deciding on how to resolve the bankruptcy pursuant to § 149 bankruptcy court decides that the debtor is insolvent, on a proposal of the debtor if the debtor is attached to the draft charter to which all creditors and bankruptcy trustees expressed their agreement with this proposal and that officially authenticated signature of the person who signed it.

(3) The decision referred to in paragraphs 1 and 2 is enforceable and its effects as from the date of the entry into force. Legal force of this Decision insolvency proceedings are terminated.

(4) The decision referred to in paragraphs 1 and 2, the provisions of Part Two of the first part of Title 8 of the Act on the cancellation of bankruptcy adequately.

(5) The same effect as a decision under paragraphs 1 and 2 has a decision to amend or Court of Appeal annulled the bankruptcy by a court of First Instance of the resolution, which the Court of Appeal annulled the bankruptcy by a court of first instance, but does not end with insolvency proceedings .

Part 8

Incidence disputes

(1) interlocutory disputes are

a) disputes the authenticity of the order or filed claims,
b) disputes over the exclusion of things, rights, claims or other assets of the estate or the liquidation proceeds of the issue under § 225, paragraph 5,
c) the settlement of disputes by the joint property of the debtor and his spouse,
d) set a transaction aside disputes on the basis of action
e) litigation for damages to property resulting from a breach of essentially the receiver,
f) disputes the validity of the contract, which was the realization of assets by selling off auction
g) disputes about the determination of whether there is or is not law or the law relating to assets or liabilities of the debtor, if such a determination, the overriding legal interest
h) other disputes, which the law designates as disputes incidental.

(2) For other types of disputes involving the insolvency administrator can provision for incidental use disputes, even when taken for the duration of bankruptcy proceedings.

(3) Unless specified otherwise in the incidental proceedings can not be continued after the insolvency proceedings.

(4) incidental proceedings pursuant to paragraph 1. a) to c) and e) to g) can be continued after the abolition of bankruptcy insolvency proceedings pursuant to § 308 paragraph 1 point. c) or the decision which the insolvency court shall note compliance reorganization plan or decision which the insolvency court shall note the fulfillment of debt relief. Incidental proceedings pursuant to paragraph 1. a) In such a case they consider disputes about the determination of the authenticity, or the amount of the order filed claims for the amount of time it took to insolvency proceedings and interlocutory proceedings pursuant to paragraph 1. b) with the exception of disputes on the issue of monetization proceeds under § 225, paragraph 5, for disputes on whether a thing right, claim or other asset belonged to the estate of the debtor at the date of termination of the insolvency proceedings.

(5) A participant incidental disputes pursuant to paragraph 1. a) to c) and f) and g), which can be continued in accordance with paragraph 4, the date of termination of the insolvency proceedings becomes instead a debtor insolvency administrator.

(6) Preliminary proceedings pursuant to paragraph 1. d) the date on which the insolvency proceedings end up canceling bankruptcy under § 308 paragraph 1 point. c) or the decision which the insolvency court shall note compliance reorganization plan or decision which the insolvency court shall note the fulfillment of debt relief, interrupt, and can be continued only at the request of the debtor’s creditors filed within 30 days of discontinuation of such dispute. The date on which the proposal is out of the insolvency court, every such creditor becomes a party to the proceedings instead of the insolvency administrator. Fails to file such motion within the time none of the creditors, the insolvency court proceedings incidental to the dispute stops.

(1) Incidence dispute shall be heard and decided on the proposal of the authorized person, made in the context of insolvency proceedings in bankruptcy court, a proposal that has the nature of the action 24).

(2) Where would hear and decide the dispute step in insolvency proceedings could lead to delays in insolvency proceedings, the insolvency court shall order the President such dispute to another judge of insolvency court.

(3) an action under paragraph 1, the provisions of Part One, Section Three of this Act, only the provisions on the service, if it is not the case according to § 80 paragraph 1, the parties to the documents delivered next delivery decree and a separate decision The same things into their own hands. Insolvency administrator who is not a party to the dispute a step, the insolvency court shall promptly notify each of the decisions issued in this dispute, § 75, paragraph 2 shall not apply.

(4) An action brought under paragraph 1 or delayed by a person who was not entitled to, bankruptcy court rejects. The same procedure, if the application deficiencies that can not be removed, which prevents it from continuing the proceedings for 24), 25).

(5) Does the discussion of an action under paragraph 1 of the lack of driving conditions that can not be removed, or which could not be removed, the insolvency court proceedings on the action stops.

(1) The insolvency court at incidence dispute at the hearing, for which provision does not apply to conduct in bankruptcy proceedings. This meeting summon the parties and persons whose participation is necessary. The insolvency court may conduct waived in cases where permitted by Code of Civil Procedure.

(2) If the insolvency court to terminate the participation denying creditors in insolvency proceedings in a dispute over the authenticity of a step, or the order of claims was, in interlocutory proceedings can continue on the design of the insolvency administrator. The day when the insolvency court such a proposal is, the bankruptcy trustee becomes a party to the dispute a step instead of denying creditor, the insolvency court then returns the deposit popírajícímu creditors. Absence of the bankruptcy trustee this proposal within a period to his insolvency court shall designate for this purpose, bankruptcy court proceedings for interlocutory dispute popírajícímu creditors to stop.

(1) The interlocutory dispute, the insolvency court judgment in the case of a decision on the merits, a settlement but decided resolution.

(2) A settlement enclosed in interlocutory proceedings the insolvency administrator the insolvency court may approve only if it agrees with the creditors’ committee.

The costs of the dispute and their step compensation insolvency court decides the interlocutory decision on the dispute, in accordance with the provisions of the Code of Civil Procedure, unless this Act stipulates otherwise. Reimbursement of costs is a particular step in the dispute claim is not covered by § 170 point. f).

Final judgment in interlocutory proceedings is binding for all individuals.

TITLE V

APPLICATION OF CREDITORS AND CLAIMS

Part 1

The position of creditors and their claims

(1) Creditors who submit their claims filing, are satisfied depending on the solution of bankruptcy, and a schedule for bankruptcy reorganization plan implementation of the reorganization or the performance of the discharge, unless the law otherwise.

(2) The law may provide that paragraph 1 shall be satisfied by some lenders who do not submit the claim application, fulfill the conditions stipulated by law.

(3) otherwise than in accordance with paragraph 1, where the insolvency proceedings to satisfy the debts of the estate only about as provided by law; satisfaction of other claims are excluded.

(4) Unless stipulated otherwise, the service provided by the creditor after the bankruptcy decision procedure under this Act to the satisfaction of his claim will be credited first to the principal, the interest, then the interest and finally the costs associated with the application of the claim.

Secured creditors exercise their claims receivable application, which must rely on his security, state the circumstances to certify and connect documents that are of concern. This is true even in the case of secured creditors who may claim against the debtor to satisfy only property provided for collateral.

(1) Secured creditors are satisfied in the extent of the realization of things right claims or other assets which their claim was secured, unless the law provides otherwise. To order their satisfaction is paramount lien period of time or of collateral, unless the secured creditors in writing otherwise.

(2) Creditors enforceable claims for damages or non-material damage caused by the offense or for unjust enrichment obtained a criminal offense shall be satisfied from the realization of things right claims or other assets have been if these values are provided in criminal proceedings for the offense and claim application was filed at the time the collateral under the Criminal Procedure Code takes filed or if such creditor enforcement of a decision establishing a judicial lien on the property at the time the collateral under the Criminal Procedure Code took. To satisfy the order referred to in paragraph 1 is a decisive time of collateral under the Criminal Procedure Code. Provisions concerning the status of secured creditors to pay for those creditors similarly.

(3) If, under the expert report prepared in insolvency proceedings after the declaration of bankruptcy value of the collateral is less than the amount of the secured claim, the claim shall be considered as follows to the difference found for the unsecured receivable, other receivables secured creditors with a later sequence in which case they consider unsecured in full. According to the first sentence shall be applied until the liquidation of the collateral.

(4) the liquidation of assets, rights, debts or other assets in insolvency proceedings expires secure the claim of the secured creditor, even if the application did not file their claims.

(5) If the hedging law, which expired monetization pursuant to paragraph 4, enrolled in a public or non-public list that under a special law testified property or other property rights to the realized thing, claim, right or other property value, issue a bankruptcy trustee assignee Monetized things, claims, rights or other assets without delay to ensure the termination.

Claims against the estate of

(1) claims against the estate, if incurred after the commencement of insolvency proceedings or after the moratorium, the

a) the reimbursement of cash expenses and remuneration of interim receiver, this does not apply if the provisional administrator appointed insolvency administrator,
b) the reimbursement of necessary expenses and remuneration of the liquidator appointed by the court of the debtor and the debtor’s business administrator for assistance granted preliminary insolvency administrator or administrators,
c) the reimbursement of necessary expenses and remuneration of members and creditors’ committee
d) the reimbursement of advances for costs of insolvency proceedings, if it is in accordance with the bankruptcy court to pay a person other than the debtor,
e) the claims of creditors arising from the moratorium for the duration of the contracts under § 122, paragraph 2,
f) the claims of creditors of the credit.

(2) claims against the estate, if incurred after the bankruptcy decision, the

a) cash expenses and remuneration of the insolvency administrator
b) costs associated with maintaining and managing the assets of the debtor
c) the reimbursement of necessary expenses and remuneration of the liquidator, the person in a position similar position liquidator and a responsible representative for the work undertaken following the decision to decline
d) the reimbursement of cash expenses and remuneration of experts established by the insolvency court for the purpose of valuation of the estate
e) taxes, fees and other similar financial payments, social security contributions and contributions to the state employment policy, premiums for health insurance premiums and pension savings, debts incurred for repair of the tax claims against the debtor in insolvency proceedings under the law regulating tax value added,
f) the claims of creditors of the contracts the person entitled, other than contracts entered into by the debtor after the approval of debt relief,
g) the claims of creditors of contracts under this Act shall be considered as the fulfillment of the person entitled refused if relating to the performance provided by the creditor to the debtor after the commencement of insolvency proceedings, it does not apply to claims relating to the performance provided by the lender for the duration of debt relief ,
h) the lender’s corresponding right to return performance of contracts under this Act shall be considered as the fulfillment of the person entitled refused, they relate to the performance provided by the creditor to the debtor after the commencement of insolvency proceedings until the day when, according to this Act occurred the effects of rejection, it does not apply to claims relating to the performance provided by the lender for the duration of debt relief,
i) interest under § 171, paragraph 4,
j) reimbursement of cash expenses of persons who provided the insolvency administrator assistance,
k) other receivables, of which as provided by law.

Receivables assimilated receivables

against the estate of

(1) claims assimilated claims against the estate are

a) the debtor’s claim of employment of employees, unless the law on some of them otherwise,
b) the creditors’ claims for damages caused to health,
c) claims by the state – the Labour Office of the Czech Republic as a substitute for wages paid to employees and funds paid pursuant to special legislation,
d) claims by participants from pension insurance with state contribution,
e) claims by creditors to maintenance of law
f) reimbursement of costs incurred for third party evaluation of the estate if they have because the debtor against a claim of unjust enrichment,
g) arising from claims of creditors for the duration of the moratorium announced before the commencement of insolvency proceedings of contracts under § 122, paragraph 2, if insolvency proceedings are initiated within 1 year from the termination of the moratorium,
h) other assets, which as provided by law.

(2) Unless otherwise provided, the claim shall be assimilated to the claims against the estate are satisfied in full at any time after the decision to decline.

In insolvency proceedings not meet any of the ways of dealing with bankruptcy, unless specified otherwise

a) interest, default interest and late charge from the registered claims of creditors arising before deciding on bankruptcy, if at the time accrued up to that decision,
b) interest, default interest and late charge from creditors’ claims, which have become due until after the decision on bankruptcy,
c) the claims of creditors of the deeds of gift,
d) non-contractual sanctions for the debtor’s assets, with the exception of penalties for non-payment of taxes, fees and other similar monetary benefits, social security premiums, contributions to the state employment policy and premiums for health insurance, if the obligation to pay this penalty occurred before the decision on bankruptcy
e) the penalty, if the right to exercise them arose after the decision to decline
f) costs incurred by the parties, their participation in insolvency proceedings.

(1) If the agreed interest, secured claim shall be remunerated in the range of collateral from the day following the date of decision on how the decay rate agreed before the debtor was given in default, this does not apply to interest on late payments.

(2) If the manner of resolving insolvency and bankruptcy is a liquidation of the estate under § 290, with increases registered secured creditor’s claim for interest accrued pursuant to paragraph 1

(3) If the manner of resolving insolvency and bankruptcy is a liquidation of the estate otherwise than in accordance with § 290, paragraph 1 shall not apply.

(4) If the way the bankruptcy reorganization, accretion interest under paragraph 1 sentence before the semicolon to the secured creditor’s claim from the day following the date of decision on how the bankruptcy and are payable monthly, once the expert will appreciate the value of the collateral.

(1) Upon full payment of all claims covered by the insolvency proceedings, with the exception of claims referred to in § 170, in insolvency proceedings can also pay the subordinated debt and assets of the debtor’s shareholders or members arising from their participation in society or in a team.

(2) subordinated debt claim is to be met under the contract to the satisfaction of other claims or other claims of the debtor, especially when a decision on the debtor’s bankruptcy, the subsidiary claim is also considered receivable on the subordinated bonds under a special legal regulation 26) .

(3) Subordinated debt in accordance with paragraph 1 shall meet according to the agreed or agreed level of subordination; otherwise quite satisfied. As is always the last to satisfy claims of shareholders or members of a debtor arising from their participation in society or in a cooperative, not quite.

(4) Claims of members of the debtor arising from their participation in society or in the team in the insolvency proceedings do not apply, but only the insolvency administrator shall be notified that leads to their records.

Part 2

Applications and claims review

Filing

(1) Creditors submit claims with the application of the insolvency court insolvency proceedings until the expiry of the deadline set by the decision on bankruptcy. Applications received that are submitted beyond the bankruptcy court disregarded and thus applied to claims in insolvency proceedings do not satisfy. Creditors enforceable claims for damages or non-material damage caused by the offense or for unjust enrichment acquired offense applications submitted claims with the bankruptcy court at any time during the insolvency proceedings if criminal proceedings for the offense to ensure the assets and property of the debtor essentially application claims was made at a time when collateral under the Criminal Procedure Code takes.

(2) Applications can also claim to have been raised in court, and enforceable claims, including those that are recovered through enforcement or execution.

(3) It shall be receivable due for payment or claim linked to the condition. Claims by creditors linked to the fulfillment of a condition subsequent shall be construed in insolvency proceedings unconditional until a subsequent condition is not met. The creditors’ claims linked to fulfillment of conditions precedent does not initiate insolvency proceedings influence.

(4) Application for a claim shall suspend the period of limitation or extinction of rights of the same effects as an application or other application of the law in court, and the date when the insolvency court reached. The application claims that are filed with the court other than bankruptcy, the court shall immediately forward the insolvency court, without issuing a decision about it; effects associated with the filing of an application from the date, the application will insolvency court.

173a

Effects of the deadline for filing

The deadline set by the decision of the bankruptcy filing expires effect associated with the initiation of insolvency proceedings referred to in § 109 third paragraph

Particulars of application

(1) Applications of claims and their annexes shall be submitted in duplicate. A copy of the application and its annexes delivers bankruptcy court insolvency administrators.

(2) The application must claim in addition to general requirements for filing 20) include the reason for and amount of applied claims. The reason for the claim of the mark means the facts on which the claim is based.

(3) In the case of secured debt, the creditor in the application to indicate whether the right applies to the satisfaction of ensuring security and identify the type and time of its occurrence, failing as it is considered that the law applied to satisfy claims of reinsurance in the insolvency proceedings was not applied.

(4) In the case of enforceable debt, the creditor must give the application and the facts on which enforcement is based.

Claim must always be quantified in monetary terms, even if the non-monetary asset. Receivable in foreign currency must be converted to Czech crowns using the foreign exchange market announced by the Czech National Bank on the date of commencement of insolvency proceedings, and to become due on the claim earlier, the exchange rate announced by the due date. For the conversion of receivables in foreign currencies for which the Czech National Bank does not declare foreign exchange market, the median rate shall apply the central bank of each country’s current exchange rate or the interbank market to the U.S. dollar or the euro. If it is a claim for non-monetary or asset vague above, must be expressed in money based on an estimate of its value.

The correctness of the information contained in the application corresponds to the creditor claims. The application claims may only be submitted on the form, particulars of form, the implementing regulation. Department on a form published in a manner allowing remote access, this service shall not be charged.

The application claims is necessary to connect the instrument to which the application relies. Enforceability of the debt to prove a public document.

(1) If the review procedure under this Act, submitted a claim and found that the actual amount of claims was less than 50% of the amount declared to be logged-in account receivable or the extent to which it was established, this does not apply if the dependent bankruptcy court decision on the amount of claims submitted to the expert opinion or at the discretion of the court. Creditors who signed such a claim, the insolvency court to impose a draft of the insolvency administrator, to the benefit of the estate has paid an amount to be determined with regard to all the circumstances login and review claims not exceeding the amount by which filed the claim exceeded the range in which the detected, it is an interlocutory dispute.

(2) For the purpose of determining whether the conditions referred to in paragraph 1 shall not be considered for registration of that part of the claim that the lender effectively took back before there was action on the basis of which is not taken into account under this Act to the denial of the claim.

(1) If the review procedure under this Act filed secured claim determined so that the lender has the right to meet such claims to the extent of less than 50% of the amount or that it has the right to satisfaction of collateral in order worse than stated in the application claims his right to the satisfaction of the claims of collateral in the insolvency proceedings taken into account, this does not apply if the decision depended bankruptcy court, the amount of the secured claims submitted to expert opinion, or at the discretion of the court. The provisions of § 167, paragraph 4 is not affected. Creditors who signed such a claim, the insolvency court insolvency administrator on a proposal to impose order in favor of the secured creditors who registered a claim with the provision of the same property, pay an amount to be determined with regard to all the circumstances of the application and review of the right to the satisfaction of the collateral, but not exceeding the amount by which the value of the collateral referred to in the application exceeded the estimated value of collateral; terms of incidence dispute.

(2) For the purpose of determining whether the conditions referred to in paragraph 1 shall be deemed not raised in the application of the law to the satisfaction of the collateral that the lender effectively took back before there was action on the basis of which under this Act shall not consider the denied of rights to satisfaction of security.

The obligation to pay an amount under § 178 or 179 can not be saved creditor rights associated with unidentified receivable not carried out during the proceedings.

Persons who signed the application for claims, guarantees the fulfillment of the obligation to pay an amount under § 178 or 179, if it is a representative with power of attorney, however, for the fulfillment of this obligation is liable persons representative of such an act seized, unless the representation in the scope of normal job function or a function. This does not apply if the creditor State or Czech National Bank.

If on an application for entitlements established to the extent specified in § 178 or 179 made creditor in the insolvency proceedings act that worsened or could worsen the position of other creditors or if it during the insolvency proceedings show that the creditors have not filed a claim in good faith, not fact that the lender took back the claim application, no effect on the procedure pursuant to § 178 paragraph 1 or § 179 first paragraph

(1) Lodgement of claim, which they carry things right claims or other assets of third parties, without prejudice to the creditor’s right to seek satisfaction of the claim of security interest.

(2) Submitting an application does not prejudice the claim or right of the creditor to seek satisfaction of the claim for any of the persons responsible to him jointly and severally liable with the debtor, the creditor to demand compensation from the debtor’s guarantors, including bank guarantees and insurance in special cases 27), the same applies.

(3) The persons from whom the creditor may require performance under paragraphs 1 and 2 may claim that by them against the debtor arose satisfaction of the creditor, log in as a contingent asset. However, if a creditor claim logs may be eating these persons to the extent to which the claim satisfies, in insolvency proceedings to claim his place without regard to whether it themselves, with the intention that they leave to § 18 shall apply mutatis mutandis; proposal under this provision may apply themselves.

(1) A creditor who has filed a claim or application is looked upon as the logged-on creditor may at any time during the insolvency proceedings to take back the claim application. Bankruptcy court takes note of the withdrawal of the application decision which specifically delivers to the creditor, the debtor and the insolvency administrator; appeal may be filed against a creditor or a person who has applied for leave to intervene in place of the creditor (§ 183 paragraph 2). Of this decision of the creditor’s participation in the procedure ends.

(2) A creditor who takes application claims back because it satisfied any of the persons from whom may require performance under § 183, paragraph 1 and 2, it shall include in its withdrawal, if they do not, that person is responsible for damage or other the resulting damage.

(3) In the case referred to in paragraph 2 shall notify the bankruptcy court to withdraw the application, the person who satisfied the claim by the withdrawal, and give her a deadline to file a petition for leave to intervene instead of the lender; withdrawal of the application by the insolvency court will decide after this period. The extent to which the insolvency court suit of a person who satisfied the claim, to intervene instead of the lender to the withdrawal of the application receivables account.

If, during the occurrence of the event of insolvency proceedings on the basis that under this Act for registration of the claim or account receivable entries, bankruptcy court rejects the application for judgment against which the appeal is allowed and which are delivered separately logged creditors, debtors and insolvency administrators; appeal it may be made only logged lender. The legal effect of such decision of creditor participation in insolvency proceedings are terminated, the insolvency court shall inform the lender logged in the decision.

(1) If the creditor’s claim was logged during the insolvency proceedings met or otherwise ceased to exist and logged lender application did not return without undue delay, bankruptcy court’s participation in insolvency proceedings terminated by a decision which shall be delivered separately logged creditors, debtors and insolvency administrators. Against this decision, which must be justified, are not permissible remedies, in justification bankruptcy court always state the reason for termination claim.

(2) A registered creditor who claims that his claim was not met during the bankruptcy proceedings or otherwise ceased to exist, an action may be filed in bankruptcy court sought to establish that his claim continues. Action must be brought against the insolvency administrator, and within 30 days from the date on which the lender logged served with the decision under paragraph 1 The time limit is maintained, if there is action by the closing date court. If the action was timely filed, the creditor’s claim logged disappeared as indicated in the decision under paragraph 1 The same applies if the bankruptcy court dismisses, refuses or her management of her stops. The decision which bankruptcy court had granted, the creditor participation logged in insolvency proceedings shall be resumed. Action shall be treated as incidental dispute.

For claims filed are part of the procedure under § 184 to 186 accordingly.

Review of applications for insolvency administrator

(1) The insolvency administrator shall review applications submitted claims in particular of the documents by the borrower or its accounting records kept by a special legal regulation 13). In addition, ask the debtor to the claims expressed registered. If appropriate, make the necessary inquiries with claims by exploiting synergies authorities which are obliged to provide it.

(2) If you can not claim to examine application for its defects or incompleteness, the creditor’s bankruptcy trustee asks to be added or corrected within 15 days, unless a longer period. At the same time it learns as it is necessary to make corrections and additions. Applications of claims that were not timely and properly completed or corrected, submit an insolvency administrator the insolvency court to decide that the account receivable application, the aftermath of the creditor must be informed.

List of registered claims

(1) The insolvency administrator shall establish a list of registered claims, receivables, which denies it expressly states. The list will not include the assets, which is taken into account, excluded from the satisfaction of debts and other receivables, where the law so provides. Secured creditors shall be listed separately. For each creditor must be given information necessary to identify and assess the data for the background, and the order of the above claims, in addition to secured creditors, and states the reason ensured. The list will be indicated separately enforceable and claims filed as a contingent of persons from whom the creditor may require performance under § 183, paragraph 1 and 2

(2) The list of claims filed bankruptcy trustee prepares and completes so that it could close immediately after the deadline for applications and claims in advance of the date of the review hearing. Participants are entitled to the insolvency administrator to view a list of registered claims and the documents on which it was built.

(3) publish a list of registered claims bankruptcy court in the insolvency register at least 15 days prior to the date on which the review hearing be held, and if the review hearing held within 30 days after the deadline for submission of claims no later than 10 days before the date when they are scheduled for a review hearing. The insolvency court without further delay published in the insolvency register any change in the list of filed claims.

Review filed claims

The review meeting

(1) Review of filed claims is happening at the review hearing the court ordered bankruptcy.

(2) The time and place of the review hearing shall designate the bankruptcy court decision on bankruptcy. The debtor and the insolvency administrator shall deliver the insolvency court summons for review meetings into their own hands, with information about the necessity of their presence. Unless stipulated otherwise, the liquidator at his own risk and at their expense (§ 39 paragraph 2) be represented at the review hearing another person entered on the list of trustees.

(3) Notice of change of date or venue of the review hearing, the insolvency court delivers extra persons referred to in paragraph 2 under the conditions set out therein. The change of date or venue of the review hearing shall notify the bankruptcy court separately as well as those listed in § 139 paragraph 1, in respect of creditors filed.

(4) The insolvency court may impose the insolvency administrator to provide him with any assistance necessary to prepare the review hearing, and to determine the nature of this interaction.

(1) An examination of claims during the review hearing shall be on the list of registered claims. Claims filed as a contingent of persons from whom the creditor may require performance under § 183, paragraph 1 and 2 shall not be placed on review meeting for the period during which the insolvency proceedings claims filed claim against the debtor by the creditor.

(2) At the review hearing is deemed to be enforceable, each filed claims which the creditor proves that became enforceable by the date of the decision on bankruptcy. During the review meeting can not be enforceable unenforceable for reasons for which it was denied. When in doubt, decide whether the claim shall be for the purpose of reviewing enforceable until the end of the review hearing, the insolvency court; do so by order which is not delivered, against which is not subject to appeal.

Denial of claims registered

(1) authenticity, amount and order of all filed claims may deny the bankruptcy trustee, debtor and creditors logging, denial of the claim can be withdrawn.

(2) The insolvency administrator may, at the review hearing to change the position adopted by the individual claims in the list of filed claims.

(3) Unless otherwise provided, no denial of the claim debtor impact on its findings, the effect is not always that to claim that the debtor is denied as to its authenticity or above, is not within the revised list of the denial of writ of execution filed claims.

(4) The creditor may, before the end of the review meeting, until his claim is not found, change the amount of applied claims. If as a result of this change is not possible to examine the claims was ordered at the review meeting, the insolvency court shall order a special review meeting. The lender is obligated to pay other creditors at the request of the costs they incurred in connection with their participation in a special review hearing.

Denial of the authenticity of the claim

The denial of the claim as to its authenticity as if it is argued that the debt incurred, or that have completely disappeared completely or that promlčela.

Denial of the amount of the claim

The denial of the claim as to its amount as if it is argued that the debtor’s liability is less than the amount registered. Whoever denies the amount of the claim, it must also state what is in fact the amount of the claim.

Denial of the order of claims

The denial of the claim as to its ranking as if it is argued that the claim is less favorable order than the order referred to in the claim, or if it is denied the right to satisfy a claim of collateral. Whoever denies the claim order, it must also specify the order in which the claim is to be met.

The effects of denial of claims

(1) Denial of the amount of the claim does not affect their ranking. Denial of the order does not affect the claim or the authenticity of the claim.

(2) Denial of rights to ensure satisfaction of the claim of a secured creditor, however, in that this may satisfy a claim against the debtor only from the assets provided to ensure the same effect as a denial of the authenticity of the claim, and if it was denied that right only in part, the same effects as amount of the claim denial.

(1) Results of review meeting shall be entered in the list of bankruptcy trustees filed claims, the following revised list is part of the minutes of the review hearing. Creditors who so request, the insolvency court shall issue a list of the listing.

(2) Creditors whose unenforceable submitted a claim was denied at the review hearing, instruct the liquidator or bankruptcy court at the review meeting on the way forward; creditors who did not attend the review hearing, the bankruptcy trustee about writing, even if it is If the denial stated in the revised list of registered claims.

Denial of claims unenforceable insolvency administrator

(1) Creditors unenforceable claim that was denied by the receiver may exercise its right of action for a declaration of bankruptcy court within 30 days after the review meeting, however, this period ends before the expiry of 15 days from receipt of notice under § 197 paragraph 2 The action always made against the insolvency administrator. If no action within the time the insolvency court, denied the claim as to the authenticity of the account, denied the claim in amount or order in this case is detected in the amount specified in the order or the denial.

(2) In an action under paragraph 1, the applicant may be claimed as the reason of the disclaimed claim only the fact that as the reason of the asserted claims no later than the end of the review hearing, and the facts on which the plaintiff became aware later because he is the buyer of the contract sale of a business or part thereof has notified timely receipt of the debtor’s obligation.

(3) will be released in the course of an action under paragraph 1 show that the claim is denied is enforceable, is not a reason to dismiss, the defendant is in such a case must establish the reason for denial under § 199th

Denial enforceable insolvency administrator

(1) The insolvency administrator who denied enforceable, it shall within 30 days of the review hearing before bankruptcy court action, which applies to the denial of his creditors, who volunteered enforceable. The time limit is maintained, if there is action by the closing date court.

(2) As a reason for denying the authenticity or the amount awarded by final enforceable decision of the competent authority may apply only the facts that were not raised by the debtor in the proceedings that preceded the release of this decision; reason for denial can not be other matters of law.

(3) In an action under paragraph 1 may be denied a claim against the plaintiff applied only to the fact that the claim denied.

Denial of claims registered lender

(1) The creditor is entitled to deny a claim in writing to another lender. Denial of a claim shall have the same requirements as an action under the Civil Procedure Code and it must be obvious that denies the existence, amount or order the claim. Denial of claims can only be made on a form, which are set out in the implementing legislation. Department on a form published in a manner allowing remote access, this service shall not be charged.

(2) The denial of claims registered lender shall take into account only if the filing contains all the essentials and if delivered to the insolvency court no later than 3 working days prior to the review meeting of the denied claim, § 43 of Civil Procedure shall not apply. After this date, no reason to change the asserted denial. The denial of the claim učiněnému in a form that at the time of the review meeting of the denied claim requires a written supplement, its original submission, or submission of written submissions of the same text shall be disregarded.

(3) If, bankruptcy court concluded that the denial of claims registered lender shall be disregarded, rejects the decision, which may be issued only by the end of the review meeting of the denied claim.

(4) Decisions pursuant to paragraph 3 shall be served separately creditors, which denied the claim, the lender denied the claim, the debtor and the insolvency administrator. Person entitled to appeal against this decision is the only creditor who denied the claim.

(5) If the insolvency court shall not refuse a claim denial, it is administration, which entered the lender denied the claim, the decision on how the bankruptcy, but no earlier than after 10 days of the end of the review meeting for action by the creditor in the bankruptcy court exercised its denial against the creditor who applied for the claim.

(6) as the reason for the denial of the authenticity or the amount awarded by final enforceable decision of the competent authority may apply only the facts that were not raised by the debtor in the proceedings that preceded the release of this decision; reason for denial can not be other matters of law.

(1) The claim is found

a) if it contests the bankruptcy trustee or any creditor of the applicants,
b) if it contests the bankruptcy trustee and the bankruptcy court dismissed the denial of registered lender
c) if the bankruptcy trustee or creditor is logged, who denied taking back their denial or
d) by the bankruptcy court in a dispute over its authenticity, or of the order.

(2) is enforceable found also if the insolvency administrator has failed to timely action for the denial or if such action is dismissed or the proceedings terminated otherwise than by the merits.

(3) The result of a dispute about the authenticity, or sequence of notes receivable in bankruptcy court modified the list of claims, will do so even without the proposal.

(4) The insolvency court of authenticity or of priority of claims are effective against all individuals.

(1) The dispute over the authenticity of the order or filed claims, none of the parties entitled to compensation for costs against the insolvency administrator. Pay the costs awarded in this case against the debtor is considered as an applicant under this Act and shall be satisfied in insolvency proceedings in the same order as the claim, which led to the dispute. Costs incurred in these proceedings the insolvency administrator shall be met from the estate, it belongs to and the costs granted by the insolvency administrator.

(2) Costs incurred by the insolvency administrator or the fault of the accident that happened to him, he carries himself and other participants must be replaced.

(3) A registered creditor who denied the claim, he shall deposit within 15 days after the review meeting of the denied claim in bankruptcy court security for the costs of the dispute a step of 10 000 CZK. Unless at the time of the review meeting of the denied claim not decided how to resolve bankruptcy, this period ends before the expiry of 10 days from the decision on how the bankruptcy.

(4) The insolvency court may impose logged creditors, which denied the claim, in interlocutory proceedings and passed to ensure the security of damages or other harm that would result from the lender denied the claim unjustified denial of the claim. It does so only on application by the creditor denied the claim, which proves that his creation of such damage or other injury apparently imminent. However, if the available results of the insolvency proceedings may be expected that the denial of the claim will be justified, bankruptcy court denied the creditor’s proposal to claim a guarantee is rejected. Continue to apply mutatis mutandis the provisions of the Code of Civil Procedure on the certainty of a preliminary injunction.

(5) If the security referred to in paragraphs 3 and 4, composed, or can demonstrate to the lender logged insolvency court that the requirement for a guarantee under the Act does not, bankruptcy court action by a creditor logged asserted denial of the claim, refuses.

(6) The obligation to lodge the security referred to in paragraphs 3 and 4 are not logged creditor that within the period provided a guarantee to certify that no certainty of their guilt could not pass and that there is danger in delay, as a result might be caused harm. Logged creditor has no further obligation to lodge a security for the period during which his denial does not affect the findings of denied claims.

Part 3

Other means of applying claims

(1) Unless stipulated otherwise, the claim against the estate of a claim treated as such apply in writing to the person entitled. The application of such creditors’ claims while always inform the insolvency administrator; particulars of such notification the implementing legislation.

(2) shall not apply if the debtor’s claim of employment an employee referred to in § 169 paragraph 1 point. a) at a different level, they are regarded as raised his claim in the amount shown in the accounts of the debtor or from records maintained pursuant to a special legal regulation 13).

(3) the person entitled to satisfy claims under paragraph 1 of the estate.

(4) satisfy if the person entitled under paragraph 1 of the claim in full and on time, the lender may demand the fulfillment of an action brought against the person entitled, not an interlocutory dispute. Costs that this dispute arose insolvency administrator shall be paid out of the estate if they are not the fault of the insolvency administrator or by accident, that occurred to him.

(5) After the decision on the application in accordance with paragraph 4 shall fix a time to meet attributed to assets and its accessories bankruptcy court’s decision; simultaneously decide which part of the estate may be used to satisfy. It will do so only at the request of the authorized person or the person entitled by which the decision against which no appeal is possible, delivers, and it separately.

203a

(1) If in doubt about whether the debt claimed by the creditor under § 203 is a claim against the estate of a claim or position it on a par or a claim that is not satisfied in the insolvency proceedings (§ 170), saves the bankruptcy court’s own motion creditors, who applied to 30 days filed for bankruptcy court proceedings to determine the order of the claim, on a proposal from the insolvency administrator will do so always. The action must be brought against the insolvency administrator. If there is no action on the claim, which determine the order as a claim against the estate of such claim or assimilated to a claim against the estate of a specified period of insolvency court or, if upheld, shall be responsible to which the creditor asserted a claim for application of the receivable and satisfaction of the claim as a claim against the estate of the claim or position it on an equal footing in insolvency proceedings is excluded. If no action is to determine the order of the claim which is not satisfied in the insolvency proceedings, the insolvency court in due time or if the action is successful, the satisfaction of such claims in insolvency proceedings is excluded.

(2) an action under paragraph 1 an interlocutory dispute under § 159, paragraph 1, point. a) the provisions of the order denying the claims shall apply mutatis mutandis.

(1) Unless stipulated otherwise, the secured creditors who are entitled to have their claim was met in the course of insolvency proceedings, applying its satisfaction against the insolvency administrator. If the liquidator fails to comply with them, they can seek redress to the insolvency court in its supervisory activity; disputed fact as to whether the secured creditor and whether and to what extent it takes the hedged asset or collateral, it can not be solved.

(2) Creditors who assert that the thing right, claim or other property value was excluded from the estate can do so only exclusionary action under this Act.

TITLE VI

Estate

The concept and scope of the estate

(1) If the debtor filed a bankruptcy petition, belongs to the estate property that the debtor belonged to the time when the events associated with the initiation of insolvency proceedings, as well as property acquired by the debtor during the insolvency proceedings.

(2) filed a bankruptcy petition if the creditor entitled to the estate property that the debtor belonged to the time when the effects of a preliminary injunction, which the bankruptcy court wholly or partly limit the right of the debtor to dispose of his property, property that belonged to the debtor at the time, which the effects of the decision of the bankruptcy debtor and property of the debtor acquired in the course of insolvency proceedings after the material effects of such decisions.

(3) If the debtor is a co-owner of property in accordance with paragraphs 1 and 2, belong to the assets of the debtor’s interest in this property. Assets under paragraphs 1 and 2 belong to the estate even if it is jointly owned by the debtor and his spouse.

(4) The property of persons other than the borrower belongs to the estate when provided by law, especially when on the implementation of ineffective legal acts. For the purposes of the liquidation of such property is treated as property of the debtor.

Contents of the estate

(1) Unless this Act stipulates otherwise, the estate under § 205 are mainly

a) funds
b) movable and immovable,
c) an undertaking
d) a set of things public and things,
e) passbooks, certificates of deposit and other forms of deposits,
f) shares, bills, checks or other securities or other documents whose production is necessary for the application of the law,
g) the trade share
h) the debtor’s financial and non-monetary assets, including contingent assets and liabilities not yet due
i) the debtor’s wages or salary, reward his work as a team member and the income that the debtor pay replaced, especially pensions, sick leave, maternity benefits, scholarships, compensation earnings bidding, payment to be made for the performance of social functions, unemployment and retraining,
j) other rights and other assets if they have appreciable value of money.

(2) comprising the estate and fixtures, additions, fruits and benefits of property referred to in paragraph 1

(1) Unless otherwise provided by this Act, does not belong to the estate assets not affect the enforcement or execution 28), items used for the business of the debtor’s estate, however, are not excluded.

(2) Income belongs to the debtor’s estate to the same extent of which may be in the enforcement or execution of preferential claims meet the 29).

(3) Where, under the provisions of the enforcement or execution of assessment questions that can not affect the property of enforcement or execution, depending on the decision of the court, for the purpose of insolvency proceedings takes such a decision by the insolvency court.

Unless otherwise provided in this Act, the estate also not assets with which to under a special law to deal only in the manner that was intended, in particular, targeted grants and repayable advances from the state budget, from the National Fund budget territorial self-governing unit or state fund, financial reserves created under special legislation 30) Estate Czech National Bank, which was under special arrangements entrusted to the administration of another person, of goods entered the customs office for temporary use and possession of the state in the range stipulated by a special legal regulation 31).

Determination of the estate

(1) Detection of assets provided by its provisions liquidator or provisional administrator, though it is not a person entitled. It is obliged to follow the instructions of the insolvency court.

(2) Until a provisional liquidator or administrator is appointed, the bankruptcy court to decide on measures necessary to determine the nature and manner of their execution.

(1) The debtor is obliged to provide a preliminary insolvency administrator or the administrator of the estate in determining the all-round cooperation, in particular, follow the instructions of the preliminary insolvency administrator or the administrator.

(2) If the debtor is a legal person with obligations under paragraph 1 of its statutory bodies and their members or the liquidator in the case of a legal person in liquidation. Although the position of the statutory body has more than one person authorized to act independently, can require the fulfillment of these obligations from any of them. These people have this duty even if their status has expired in the last 3 months before the commencement of insolvency proceedings.

(3) The insolvency court may require the fulfillment of obligations under paragraphs 1 and 2 also from persons who are partners, employees or members of the legal entity to the extent of their authority to act as a legal person.

(4) If the debtor is a natural person with obligations under paragraphs 1 and 2 as well as her legal guardians, if more individual legal representatives authorized to act on behalf of its own, the insolvency court may require the fulfillment of these obligations from each of them.

(1) The starting point for determining the estate is a list of assets which the debtor is obliged to submit the proposal together with the bankruptcy or insolvency by the court decision.

(2) The insolvency administrator or provisional administrator shall carry out the investigation on whether the estate is not other things, rights, debts and property values than those indicated in the list of debtor assets. Him the necessary assistance shall also provide the creditor institutions.

(3) If the preliminary insolvency administrator or the administrator achieve the complete findings of the estate because he was not given the required assistance, notify the insolvency court, and he suggests the adoption of the measure.

(1) The debtor insolvency administrators must allow access to all places where it has placed property belonging to the estate.

(2) If it is necessary, in particular, does not provide the borrower insolvency administrator assistance necessary to determine and preserve the estate, the bankruptcy court to order the draft insolvency administrator tour of the apartment, office and other rooms of the debtor and his boxes or other containers in located there, where the debtor has his property for the purpose liquidator entitled to enter the apartment or in another room of the debtor approach, or closed cabinets or other containers open.

(3) A written copy of the decision under paragraph 2 may include a statement of reasons; against this decision no appeal is allowed. The decision shall be delivered only to the insolvency administrator and the debtor. Bankruptcy court decision shall insolvency administrators along with copy of the decision to be delivered to the debtor. Debtor insolvency administrator shall deliver a decision on a tour of rooms, which the resolution relates. Unless the insolvency administrators to deliver a decision of a debtor in this action and return them to deliver the insolvency court.

(4) Every object in which the debtor has his apartment, residence or other his room, he is obliged to submit to the bankruptcy trustee who performs inventory tasks or is intended to ensure a proper administration of the estate, conducted a tour of the apartment and other rooms of the debtor. Fails to fulfill this obligation, the insolvency administrator is entitled to obtain access to the apartment or any other room of the debtor approach.

(5) If necessary, it meets the insolvency administrator to search a suitable person, if possible, representative of the community. The insolvency administrator shall make inspection protocol, which must be given property, which was detected during the inspection, and property that was secured during the inspection. The protocol signed by the insolvency administrator or the person you put on weight for inspection. Protocol the insolvency administrator the insolvency court, with the retained copy. A copy of the protocol insolvency court shall deliver to the debtor and the creditor committee.

Anyone who carries a debtor’s property belonging to the estate is obliged to notify a preliminary insolvency administrator or the administrator as soon learns of the decision on bankruptcy, and state the legal grounds under which the property is for you. At the invitation of the insolvency administrator or provisional administrator must enable inspection of this property and its valuation.

(1) insolvency court may, on application of the insolvency administrator or creditors’ committee to summon the debtor or a person acting on behalf of the debtor for questioning and invite them to the declaration of assets. Summons to a declaration of assets must include the purpose of questioning and learning about the consequences of rejection declaration or providing false, incomplete or grossly distorting the data. The summons shall be served předvolanému into their own hands, at least 10 days before the hearing.

(2) summons is required to attend the insolvency court in person. Failure to timely and without reasonable excuse, will be presented, shall be summoned advised.

(3) Before questioning repeats the insolvency court instruction pursuant to paragraph 1 In a statement on the property summoned to indicate which property belonging to the estate.

(1) A statement of assets is always summoned to indicate the

a) the taxpayer pay the borrower’s income or other punishable deductions from wages and the amount of the claim,
b) banks, branches of foreign banks and savings and credit cooperatives, for which the debtor accounts, the amount of receivables and account numbers,
c) the debtor where the debtor has other monetary claims, the reason for and amount of these claims,
d) persons to whom the debtor has other property rights or assets, their purpose and value
e) movable property of the debtor or co-ownership on them, and where or by whom they are, the same applies to savings books, certificates of deposit and other forms of deposits, stocks, bills, checks or other paper or securities of other papers, the presentation it is necessary to apply the law as well as dematerialized and immobilized securities of the debtor,
f) the debtor’s property or ownership share in them,
g) the debtor company and its parts, and where it is located,
h) other rights and other assets if they have appreciable value of money.

(2) The designation of persons in the declaration of property applies to § 103 paragraph 1, mutatis mutandis.

(1) The property shall make a declaration of insolvency court protocol; summoned to submit a list of assets that make up a list of annexes to the Protocol, if summoned him to declare that it contains a complete and truthful information, or if it added to the log. The protocol also describe the content of instruction provided by the bankruptcy court under § 214 and summoned an explicit statement that said in a statement just a complete and truthful information about the debtor’s property. The protocol signed by the judge, clerk, and summons. Acts of bankruptcy court under this paragraph may be made only by a judge.

(2) A hearing on the statement of assets insolvency court shall inform the insolvency administrator and creditors’ committee. The insolvency administrator and creditors’ committee has the right to ask questions předvolanému. A copy of the protocol of the hearing shall be served on the insolvency administrator and the creditor committee.

Inventory of the estate

Inventory

(1) The inventory of the estate (hereinafter referred to as “inventory”) is a deed in which writes property belonging to the estate. Once an entry in the list, can be registered ownership cost values only in the manner provided by this Act, may do so only person entitled. Censuses are conducted consistently and complements the liquidator in the course of insolvency proceedings, the instructions bankruptcy court and the creditors’ committee for cooperation. This obligation does not cease its expiry.

(2) The insolvency administrator deleted from the inventory of the assets of which in the course of insolvency proceedings, it is found that does not belong to the estate and this applies regardless of the fact that at the time of retirement is no longer a person who has a retirement benefit can not claim the exclusion those assets from the estate. It will do so after consultation with the creditors’ committee and after informing the bankruptcy court, this does not preclude the possibility of re-inventory of discarded assets in the estate.

Designation of property in the inventory

(1) Property belonging to the estate shall be entered in separate list items. Unless precluded by its nature, must be drawing up an inventory of assets marked way that it can be identified, this does not apply in the case of property of negligible value. If there is an obstacle preventing the temporary nature of property sepisovaného proper identification, make bankruptcy administrator designation of the property immediately after her disappearance.

(2) Establishment 32) or other public matter and sets of things are written only one element of which must be clear what the company or set of things belong to the date of registration to the list of nature.

Valuation of inventory items

(1) The census is a valuation made by the receiver, which is also based on data from the debtor’s accounts or records maintained pursuant to a special legal regulation 13) and other available information. Awards are not reflected in the accounts of the debtor.

(2) Where a creditor’s committee, made the valuation expert, provided that the creditors’ committee to ensure financially.

(3) Valuation of assets is difficult ocenitelného insolvency administrator may specify the application experts without the creditors’ committee, this does not apply if it can be reasonably assumed that the costs of expert valuation will be higher than the benefit to property obtained by this process the essence of his award.

(4) If the right for the satisfaction of reinsurance claims was or is to be the liquidation of the estate under § 290 or 292, the controller enters bankruptcy experts value the collateral in the case under § 290 or 292 of property valuation zpeněžovaného always, paragraph 3 shall apply mutatis mutandis.

(5) The valuation referred to in paragraphs 1 to 4 of the property market value appreciates. The procedure referred to in paragraphs 1 to 4 shall not apply if appointed expert under § 153 paragraph 1

Reason list

Besides marking sepisovaného assets, their valuation and to indicate the date when the item was written, must always be mentioned in the inventory list and the reason or date of and reason for exclusion sepsaného assets from inventory. In cases of doubt, it is considered that the liquidator of the item drafted or exclude it from the list on the day when this fact announced the insolvency court.

Declaration of accuracy of the inventory

If the insolvency administrator’s request, the borrower is obligated to confirm the accuracy and completeness of the inventory. Declaration of accuracy of the inventory or the debtor may refuse in writing, at the same time only if in writing the reasons for which an inventory or part thereof is not considered proper.

Publication list

Inventory and complete inventory of public insolvency court in the insolvency register immediately after preparation or completion.

The abandonment of an inventory or valuation

In cases specified by law, at the discretion of the insolvency court to abandon the list of awards or sepsaného property. After the final decision of such insolvency administrator the insolvency court shall submit a report on the condition of the property belonging to the estate.

Notification on the census

(1) The insolvency administrator, who writes in the inventory of assets, rights, claims and other assets which do not belong to the debtor, or whose inclusion in the estate is particularly controversial because they apply third party rights which it secretes into the inventory notes who drafted the property belongs to him or who exercises its right. This person insolvency administrator in writing for inclusion in the inventory of the property and at the request of her about this issue a certificate. Certificate must contain the grounds on which the liquidator wrote this property.

(2) The notification referred to in paragraph 1 shall include notice that an exclusion action and the consequences submission of a debarment action; particulars of such notification the implementing legislation.

(3) If the property is registered in the inventory, which according to the cadastre is not owned by the debtor, it shall inform the liquidator appropriate land registry office. If the inventory of written matter, according to the Register of pledges is not owned by the debtor, it shall inform the liquidator Chamber of Notaries of the Czech Republic. The same applies to assets included in other public or non-public list if under special legislation proving ownership or other property rights to the property.

(4) If the inventory of registered cultural landmark 33) museum collection or item of cultural value, it shall inform the liquidator shall forthwith Ministry of Culture.

Exclusions and exemptions from estate

(1) Persons who claim that the designated property should not be included in the list because it eliminates their right to property or that there is another reason that should not be included in the sheet may be an action brought by the insolvency court to seek a decision that excludes the property from the estate.

(2) An application must be filed against the insolvency administrator, and within 30 days of the person referred to in paragraph 1 was served notice of an inventory of property to which law applies. The time limit is maintained, if there is action by the closing date the insolvency court.

(3) If the action was not filed in time, the property is marked in the list conceived legitimately. The same is true even if the bankruptcy court dismissed the action, or if an action or stop it refused.

(4) Since the beginning of the period for bringing an action under paragraph 2 until it is completed and during the proceedings brought by the application until the final termination of the insolvency administrator can not monetize assets that are subject to appeal or otherwise dispose of, unless the harm by diverting This property imminent or if after such an action is in agreement with the plaintiff. The provisions of § 217 is not affected.

(5) Before the final termination of proceedings on the application, can be used to liquidate or other disposal of the property referred to in paragraph 4 may accede if so for reasons worthy of special consideration declare bankruptcy court verdict decision and dismissed the action, proceeding on it stopped or refused. Of the proceeds from the liquidation or other disposition of such property can be satisfied by creditors until the final termination of the proceedings in the action.

(6) If the liquidation of thing that should not be conceived in the inventory, the owner has the right to issue the proceeds of liquidation, and his right to compensation shall remain unaffected.

(1) The debtor may apply the exemption of property from the estate only if it is a thing right, claim or other assets which do not belong to the estate under § 207 and 208; do so against the insolvency administrator without undue delay after learned or due diligence should know that there is an inclusion of such things, rights, claims or other assets in the inventory.

(2) The proposal referred to in paragraph 1, the debtor in addition to general requirements for filing 20) mark the thing right, claim or other asset on which the exemption list of requests, and state the facts which show that this property should not be written. If the proposal is incomplete or defective, and if it can not for these shortcomings to discuss and decide about it, ask the debtor’s insolvency administrator to correct or supplement it. To repair or addition to the proposal shall specify a reasonable time and instruct the debtor as necessary to correct or supplement. It also learns that the proposal is not properly repaired through a call or supplemented, the insolvency court refuses.

(3) Failing to insolvency administrators to remove imperfections and incompleteness of the debtor’s petition or if it considers that the proposal is late, the insolvency administrator shall draft a report on the insolvency court. If it deems it necessary to insolvency court may order a challenge to put the draft again, or to issue a new challenge.

(4) Except for cases referred to in paragraph 3, the bankruptcy trustee will invite creditors ‘committee to the draft within a specified time limit stated, arrived after the expiry of that period to the conclusion that the proposal can not meet, present him with any comments made by the creditors’ committee and the report of the reasons for which the asset has not ruled out, the insolvency court, the debtor has a right to these observations.

(5) The proposal referred to in paragraph 1, the bankruptcy court in its dohlédací activities. The decision against which the appeal is admissible, shall be delivered to the debtor, the insolvency administrator and the creditor committee. At the time of submission of this proposal in his decision, the bankruptcy trustee can not monetize assets to which the application relates; § 225, paragraph 4 and 5 shall apply mutatis mutandis.

The insolvency administrator of the estate at any time in the course of insolvency proceedings to remove things, rights, claims or other assets that can not be used to satisfy creditors, especially not for sale things and bad debts or property covered by the decision to detain issued in criminal proceedings and whose liquidation was granted approval from the competent authority participating in criminal proceedings. It does so with the prior consent of the creditors’ committee and the bankruptcy court.

Dealing with the estate and its administration

Waste estate in particular means

a) legal acts relating to property belonging to the estate
b) the exercise of shareholder rights and obligations in respect of shares included in the estate, including the right to vote at the General Meeting of the Society,
c) the exercise of rights and duties of partners other companies attached to the shares included in the debtor’s estate, including the right to vote at the annual general meeting of 34),
d) the exercise of the rights and obligations of member cooperatives,
e) determining production, operational and commercial matters in the property business nature, including debt financing and other actions needed to ensure corporate financing,
f) the exercise of the rights and obligations of the debtor’s employer to employees,
g) the exercise of industrial property rights,
h) decide on the trade secrets and other obligations of confidentiality
i) compliance with obligations under the regulations on taxes, fees and duties, as well as the rules on social security and public health insurance
j) the keeping,
a) compliance with accounting duties
l) exercise other rights and obligations, provided they relate to the estate.

(1) The law shall determine according to the procedure, how the bankruptcy and ownership of property belonging to the estate who is in relation to the property basically the person entitled, or who have the right to dispose of the estate on the part of these privileges or only on certain of them.

(2) If the property belonging to the estate owned by persons other than the debtor, that person may be entitled to dispose of such property restricted by law or by the insolvency court.

(3) Unless otherwise provided in this Act, in relation to the property nature of the person entitled

a) the debtor at the time of the decision on bankruptcy,
b) the debtor at the time of the bankruptcy decision to the decision on how the bankruptcy
c) the liquidator at the time of declaration of bankruptcy,
d) the debtor at the time of approval of reorganization and
e) the debtor at the time of authorization from debt relief.

(4) The provisions of paragraph 3 shall be without prejudice to the restrictions imposed by the debtor authorizing insolvency law or decision of the bankruptcy court in the course of the insolvency proceedings. If the layout permission by someone other than the debtor, will not affect the obligations imposed by this Act debtor.

(5) Since the bankruptcy decision and if the borrower insolvency petitioner, from the moment it happened, the debtor’s obligation to pay the authorizing provisions of § 36 and 37 mutatis mutandis.

(1) Administration of the estate means the particular activity, as well as legal acts and actions arising therefrom, unless directed to

a) prevent deterioration of the estate, in particular to prevent the removal, destruction, damage or theft of property that belongs to it,
b) property belonging to the estate was used in accordance with its purpose, unless the other circumstances
c) the nature of property may increase if it can be reasonably expected for such action with respect to the status of the estate and customary business opportunities
d) the debtor’s assets were recovered, including the implementation of the invalid and ineffective legal acts.

(2) In the case of governance, rights, claims, or other assets used to secure the debt, the person entitled bound by the guidelines of the secured creditor pointing to good governance, it is more secured creditors, will present the following guidelines secured creditor whose claim to satisfy the collateral as first in line. If the secured creditor does not grant the relevant instructions or within the time specified by the insolvency court, has the right to grant the secured creditor whose claim is satisfied by ensuring that the next in order, otherwise grant guidelines under the supervisory activity bankruptcy court, which will also determine the costs associated with implementation of its instruction. The person entitled may refuse instructions of the secured creditor, if he considers that do not lead to good governance, in which case ask the bankruptcy court for their review as part of the supervisory activity.

(3) Costs associated with the execution of his order under paragraph 2 shall be borne by its secured creditor.

(4) If a secured creditor of the guidelines referred to in paragraph 2 by a written consent of the other secured creditors whose claims satisfies the same collateral, the person entitled shall immediately notify the bankruptcy court. The insolvency court orders in this case, within 30 days, at which a decision on whether to approve the guidelines of the secured creditor. At the hearing can be discussed only objection to the instructions of the secured creditor to other secured creditors apply in writing to the bankruptcy court within 7 days from the date of publication of these guidelines in the insolvency register; later filed objections to the account. The negotiations summon the insolvency court insolvency administrator and the debtor and the secured creditor, will provide guidance on the opposition in the third sentence.

(5) The decision referred to in paragraph 4, against which no appeal is possible, especially delivers the insolvency administrator, the debtor and the secured creditors concerned.

TITLE VII

Null and unenforceability of legal acts

Part 1

Invalidation of legal acts

(1) Bankruptcy court is not bound by the decision of another court or other body, which in the course of insolvency proceedings is to establish the invalidity of the legal act relating to the debtor’s assets or liabilities or otherwise of the findings.

(2) In the course of insolvency proceedings will examine the legal invalidity of such acts to the insolvency court.

(3) If the nullity of the legal act requires that a person who is such an act of prejudice, got through its invalidity, may do so and the insolvency administrator.

If the nullity of the legal act relating to assets or liabilities of the debtor established by a court decision, which came into force before the commencement of insolvency proceedings, it is a legal act to which the decision relates void in bankruptcy proceedings.

(1) If a final decision found invalid legal act concerning the debtor’s assets or liabilities, shall be issued for property benefit gained from a performance of an invalid legal act. The insolvency administrator may refuse it if there is no enrichment of the estate or if required more than the enrichment of this.

(2) refuses to issue a bankruptcy trustee property benefit gained from a performance of an invalid legal act or dealt with the request for his extradition within a reasonable time, you can seek his extradition exclusionary action under this Act, which must be filed within 30 days of when the bankruptcy trustee person who requests release of assets, delivered a written notice of rejection of its application; right to compensation shall remain unaffected.

(3) The validity of contracts in which there was a realization of the performance, which refers to an invalid legal act can be challenged only in an action brought by the bankruptcy court no later than the end of the insolvency proceedings, it is an incidental dispute.

If the detected invalid legal act concerning the debtor’s assets or liabilities, which can also be regarded as ineffective, proceed according to § 233rd

Part 2

Unenforceability of legal acts

(1) are inefficient legal acts, which reduces the debtor to satisfy creditors or favoring some creditors over others. The legal act is also regarded as the borrower omissions.

(2) the ineffectiveness of the debtor’s legal actions, including those which the law defines as ineffective and that the debtor made after the material events associated with the initiation of insolvency proceedings, the insolvency court decision based on the application of the insolvency administrator, which contradicted the debtor’s legal capacity (the the “Defendant action”), unless stated otherwise.

(1) the ineffectiveness of the legal act shall not affect its validity; in insolvency proceedings, the borrower implementation of ineffective legal acts belonging to the estate.

(2) If you can not go to the original estate of the debtor’s performance ineffective legal act must be given an equivalent substitute.

(1) The obligation to go to the estate of the debtor’s performance ineffective legal acts, persons in whose favor was ineffective legal act is done or who benefit from it.

(2) The heirs or legal successors of the persons referred to in paragraph 1, which was transferred from the debtor’s performance ineffective legal acts, are obliged to extradite them to the estate

a) if they have at the time of the transaction acquired, had to be aware of circumstances which justify the right to rely on ineffective against the persons referred to in paragraph 1, or
b) if the persons who constitute the debtor corporation, or persons close to the debtor.

(3) Persons issued by the debtor’s fulfillment of ineffective legal act in the estate may be after the insolvency proceedings to demand his return, but not if used to satisfy creditors, or if not treated any other way permitted by law.

(4) If the performance of inefficient mutual legal act, it shall be liquidator authorized persons without undue delay after the person issued the debtor’s performance of such act in the estate. If the performance of those persons granted the debtor in property and essentially recognizable in it is not, considered the claim that such persons by providing performance was the obligor under and lodge a claim to satisfy these claims as well.

Claim against the debtor’s fulfillment of the issue of ineffective legal act in the estate is not permitted counting.

(1) Resist the legal capacity of the debtor in insolvency proceedings can only insolvency administrator, although it is not a person entitled, and not the Respondent filed an action against persons who have a duty to give the borrower the fulfillment of ineffective legal acts to the estate. If, at the commencement of the insolvency proceedings are taking place on the same case management based on the opposing actions of another person can not be in it until the end of the bankruptcy proceedings continue.

(2) If the decision of the creditors’ committee shall submit an insolvency administrator action always set a transaction aside. If there are basically equity funds needed to cover the costs of the action by the Respondent of the dispute and the management step, the liquidator subject to action by the Respondent or other dispute management step by his creditors to provide for the payment of these costs reasonable backup. Ends the dispute incidence success insolvency administrator, the creditors, the advance, as to require compensation claim against the estate.

(3) The insolvency administrator may bring an action set a transaction aside, within 1 year from the date of effect of the decision occurred on the decline. If it does not at this time, although opponents claim expires.

(4) the debtor’s fulfillment of ineffective legal actions belongs to the estate of the decision, which upheld the Respondent. This does not affect the right of the bankruptcy trustee if it was a cash consideration or that it has to go for financial compensation for the performance, the application would require the opposing determine the ineffectiveness of the debtor’s legal act and this financial payment or reimbursement claims. Debarment action is not admissible.

Unenforceability of legal acts without reasonable consideration

(1) The legal act without adequate consideration means a legal act by which the debtor has undertaken to provide the performance free of charge or for consideration, the usual price is substantially lower than the price of transactions committed by the debtor.

(2) The legal act without adequate compensation means only a legal action which the debtor made while he was in bankruptcy, or legal action that led to the borrower’s bankruptcy. It is understood that the legal action without adequate compensation made to a person close to the debtor or the person with the debtor corporation are 21), is an act which the borrower has made at the time was in decline.

(3) legal action without adequate compensation can be opposed, if it was made in the last 3 years before the commencement of insolvency proceedings in favor of a person or persons close to the debtor, which forms with the debtor corporation, or in a period of 1 year before the commencement of insolvency proceedings in favor of another .

(4) The legal act without adequate consideration is not

a) transactions imposed by legislation,
b) the occasional gift of a reasonable amount,
c) the transactions that are accepted considerations of decency or
d) legal action, which the debtor with regard to all circumstances reasonably be assumed that it will have a reasonable benefit, provided there was no action taken in favor of the person or persons close to the debtor, which forms with the debtor corporation, and that person on whose behalf the act is done, not even with proper diligence to know that the debtor is insolvent, or that this action could lead to bankruptcy of the debtor.

Ineffectiveness favoring legal acts

(1) Zvýhodňujícím legal act means a legal act leading to the lender gets one at the expense of other creditors a higher satisfaction than would otherwise have belonged in bankruptcy.

(2) Zvýhodňujícím legal act means only a legal action which the debtor made while he was in bankruptcy, or legal action that led to the borrower’s bankruptcy. It is believed that favoring legal action taken in favor of a person or persons close to the debtor, which consists of the borrower group 21), is an act which the borrower has made at the time was in decline.

(3) Zvýhodňujícími legal acts are particular operations in which the debtor

a) comply with debt before they become due,
b) an agreement amending or replacing commitment to its detriment
c) forgive his debtor of the debt or otherwise meet the agreed or allowed destruction or failure of their rights,
d) gave their property to ensure the existing obligation, unless the terms of the emergence of security as a result of changes in the internal mass content of the pledged thing.

(4) Zvýhodňujícímu legal action can be opposed, if it was made in the last 3 years before the commencement of insolvency proceedings in favor of a person or persons close to the debtor, which forms with the debtor corporation, or in a period of 1 year before the commencement of insolvency proceedings in favor of another.

(5) is not a legal act Zvýhodňujícím

a) a commitment to ensure the debtor has received and if they are at the same time the borrower a reasonable consideration
b) the legal action taken on the usual terms of trade, under which the debtor received adequate compensation or other reasonable economic benefit, provided there was no action taken in favor of a person or persons close to the debtor, which forms with the debtor corporation, and that the person on whose behalf the act is done, not even with proper diligence to know that the debtor is insolvent, or that this action could lead to bankruptcy of the debtor,
c) the legal action that the debtor has done for the duration of the moratorium or the opening of insolvency proceedings as provided by this Act.

Ineffectiveness intentionally shortening legal actions

(1) can also oppose legal action which the debtor intentionally shortened the satisfaction of the creditor, if it was the intention of the other known or taken into account all the circumstances must be known.

(2) It is considered that the shortening of the legal act intentionally made to a person close to the debtor or the person with the debtor corporation are 21), the debtor’s intention was that person I know.

(3) Intentionally zkracujícímu legal action can be opposed, if it was made in the last 5 years before the commencement of insolvency proceedings.

If the debtor’s lender reached on the basis of its opponents claim 4) decisions about the ineffectiveness of the legal act, which became final before the decision on bankruptcy, you may claim that his height of his claim was granted the benefits of the ineffective legal act, the transaction not to pass into the estate.

PART TWO

Means of resolving insolvency

TITLE I

Bankruptcy

Part 1

Bankruptcy and its effects

Bankruptcy is a way of resolving insolvency, consisting in the fact that the decisions of the bankruptcy creditors’ claims are determined fundamentally quite satisfied from the proceeds of realization of assets, with the unsatisfied claims or parts thereof shall not expire unless the law provides otherwise.

(1) The effects of bankruptcy occurring upon our posting of the decision to declare bankruptcy in the Insolvency Register.

(2) shall be interrupted by the bankruptcy liquidation of a legal person, ends receivership, insolvency, and if the court decides otherwise, terminates an interim measure, if enacted.

(3) A declaration of bankruptcy does not affect the borrower’s capacity to act on his or proceedings.

(4) The insolvency court may, after the bankruptcy of its own motion to amend its preliminary measures.

(1) passes to the bankruptcy insolvency administrator authorization to dispose of the estate, and the pursuit of rights and obligations that belong to the debtor if it is linked to the estate. Insolvency administrator performs especially shareholder rights attached to shares included in the estate decides to trade secrets and other secrecy acts against the debtor as an employer to employees, operates the debtor’s business, accounting and tax compliance.

(2) Legal acts referred to in paragraph 1 that the debtor made after authorization to dispose of the estate of the passed to the trustee in bankruptcy, are ineffective against the creditors of the Act, § 235, paragraph 2 shall not apply.

(3) had been treated with the estate of the debtor on the date when the decision became effective on bankruptcy, is in doubt, consider that he did so after the authorization to dispose of the estate passed to the bankruptcy trustee, unless this Act provides otherwise.

(4) The legal act by which a bankruptcy debtor refuse to accept the gift or inheritance without the consent of the insolvency administrator is invalid. The same applies if the debtor closed without the consent of the insolvency administrator of the estate agreement, under which the inheritance may receive less than the share of his inheritance.

If the subject of the payment system with SFD, international payment system finality of settlement, the settlement system, settlement finality and settlement system of the foreign settlement finality, shall notify the bankruptcy court for bankruptcy simultaneously with the publication of the resolution in the insolvency register by the Czech National Bank.

(1) borrower to a lender after bankruptcy can exercise their rights only in a manner and under the terms of this Act, it also applies to those creditors who have not become parties to the insolvency proceedings.

(2) Unless the collateral provided under § 41 or the right of creditors under § 167, paragraph 2, they become ineffective law to ensure the satisfaction of, relating to the estate and creditors that the debtor acquired after the material events associated with the initiation insolvency proceedings, to apply for the establishment of a judicial lien on real estate executor or lien on real estate. If the property was used to provide at this time also sold belong to the estate proceeds obtained from the liquidation of a transferee is obliged him to give it to challenge the insolvency administrator.

(3) Easements burdensome estate, which was at arm’s length after the material effects associated with the initiation of insolvency proceedings, bankruptcy is becoming ineffective in insolvency proceedings.

(1) Unless otherwise provided by law, the person entitled to bring an action or of a different claim to recover the debtor, including its provision that relates to the estate only after the bankruptcy insolvency administrator, the request made by another person the court refused.

(2) If the person has an obligation to the debtor fulfills this obligation after bankruptcy debtor, and filling does not fall into the estate is not thereby relieved of its obligation, unless the company proves that the bankruptcy could not know or that the circumstances of the debt performance it was clear that the performance goes to the debtor estate.

Undue claims against the debtor in bankruptcy shall be considered payable, unless the law otherwise.

repealed by Law No. 294/2013 Coll.

(1) bankruptcy extinguish all the debtor’s unilateral legal acts relating to the estate, particularly his orders, mandates and powers of attorney, including procurement, unless stated otherwise.

(2) The person to whom the debtor has granted command authority or power of attorney in the event that there is danger in delay, to continue providing the matters covered by those acts of his concern, up until their procurement takes insolvency administrator. Reimbursement of necessary expenses of the person and reasonable remuneration for this activity is its claim on the estate.

(3) A declaration of bankruptcy is not by itself justify termination of credentials and full powers granted to debtor insolvency. Pohledávky authorized person or agent arising out of this because of the bankruptcy can not be met from the estate unless the claims of labor.

(4) bankruptcy disappear when applied to the estate pending the debtor’s proposals for the contract and the debtor’s receipt of the draft contract, if on the basis of the contract has come into existence. Draft contracts by the debtor during the bankruptcy is still not accepted, it may take only a bankruptcy trustee.

Agreement on mutual performance

(1) Unless an agreement on mutual benefits, including letter of intent at the time of declaration of bankruptcy not completely satisfied neither the debtor nor the other party to the contract, the insolvency administrator may fulfill the contract instead of the debtor and seek fulfillment by the other party of the contract or may reject the transaction.

(2) If the liquidator within 30 days of the declaration of bankruptcy does not respond to that contract are met, the rule, refused to performance; until the other party can withdraw from the contract, unless it states otherwise.

(3) If the second party to the treaty is obliged to fulfill the contract first, it may withhold its performance until such time as will be provided or secured performance of mutual, this does not apply to a contract entered into by the other party after the publication of the decision to decline.

(4) The refusal of the insolvency administrator performance, the other party to the contract claim compensation for damage caused by this application claims no later than 30 days from the date of rejection of the claims. Receivables from the other party of the contract continued after the declaration of bankruptcy are claims against the estate of.

(5) The other party to the contract can not seek repayment of part of the transactions that occurred before the decision to decline, so that in this performance from the debtor did not receive mutual benefits.

Fixed contract

(1) It is agreed that the subject transaction, which has a market price, will be delivered in a precise time or in a fixed period, and occurs when filling time or the end of a period before the bankruptcy, it can not require the commitment but only for damages caused by the debtor has failed to fulfill the commitment.

(2) damages under paragraph 1 means the difference between the strike price and the market price, which is paid to the effective date of the declaration of bankruptcy at the place specified in the contract as the place of performance. The other party to the contract may claim compensation claim as a creditor application, and no later than 30 days after the declaration of bankruptcy.

Borrowing

If the debtor has entered into a loan agreement, the bankruptcy trustee after bankruptcy entitled to demand return of the case even before the end of the fixed loan period.

The lease and sublease agreements

(1) The insolvency administrator is entitled to a declaration of bankruptcy to terminate the lease or sublease contract concluded by the debtor within the period prescribed by law or by contract, even if it has been agreed for a fixed period, notice period of not more than 3 months. The provisions of the Civil Code about in which cases and under what conditions the landlord may terminate the lease of an apartment, without prejudice.

(2) If the testimony of a lease negotiated for a period in which the debtor is the lessor, the tenant was unreasonably prejudice the legitimate interests or would have suffered or may suffer considerable damage, the tenant may, within 15 days of receipt of notice to propose abolition of the insolvency court testimony . If it is ensured that the subject of the lease the lessee buys the realization of assets for the usual price, meets bankruptcy court always such a proposal.

(3) The right to rent or other payment for the period prior to the bankruptcy filing, the second party to the treaty applied only application claims. The same applies in the case of rent or other consideration paid in advance, this claim must log in as a claim linked to the fulfillment of conditions precedent.

Lease or sublease contract entered into by a debtor as a lessee or sublessee, the other party can not contract the decision to decline to terminate or withdraw from the debtor’s delay in paying rent or other payments that occurred before deciding on bankruptcy, or for worsening the situation of the debtor’s property .

Unless at the time of declaration of bankruptcy have passed subject of the lease, sublease or loan, the insolvency administrator and the other party to the contract to cancel the contract, by doing so the insolvency administrator, the other party to the agreement to claim damages caused by the premature termination of contract claim application, and no later than 30 days from the date of withdrawal. Each party is required to contract the other party within 10 days after the case was asked to comment on whether withdrawing from the contract, if they do not, the right of withdrawal under this provision it expires.

Leasing contracts

The provisions of § 256 to 258 shall apply mutatis mutandis to leasing contracts and contracts for the purchase of lease.

Retention of title

(1) If the debtor before the bankruptcy case sold the subject property and forward it to the buyer, the buyer can return the thing or take on the contract.

(2) If the debtor before the bankruptcy bought and took over the property subject matter, without it he became the owner can not apply the case back to the seller if the insolvency administrator comply with the obligations under the contract without undue delay after the fact the seller was called.

(1) declaration of bankruptcy does not stop the operation of the debtor’s business, unless otherwise a special legal regulation 35).

(2) the debtor’s business results

a) the sale of one contract in the realization of assets,
b) by the bankruptcy court issued a proposal to the bankruptcy trustee for the creditors’ committee statement, if it was already elected or appointed, the decision shall be served on the insolvency administrator, the debtor and the creditor committee and published a decree, an appeal against it is not permissible.

Special legislation provides for additional effects of bankruptcy in connection with the subject of regulation 36).

Part 2

The effects of the ongoing bankruptcy proceedings

(1) Unless this Act provides otherwise interrupt the judicial and arbitration proceedings relating to the estate or to be satisfied from the assets of which party is the debtor, the bankruptcy filing. These procedures may proceed only under the conditions laid down in this Act; opportunity to proceed under § 141a remain unaffected.

(2) If the proceedings under paragraph 1 is interrupted, do not take place in the negotiations and the deadline is not running. If the procedure continues, the period begin to run again.

(3) Suspension of work on the parties who appear in the proceedings on the same side as the debtor only if it is indissoluble community of 37) or intervention 38).

(4) When the court, arbitrator or permanent arbitration court shall have jurisdiction to hear and decide the case hear about the stay of proceedings pursuant to paragraph 1, it shall inform the parties, at the same time learn the conditions under which the proceedings may continue. The decision has been issued at the time when the proceedings were suspended, not handled, if the proceedings were discontinued after receipt of the decision, but before the decision becomes final, the decision does not acquire legal force. If the procedure continues, the decision shall be served again.

(1) interrupted proceedings in which, at the time of declaration of bankruptcy the debtor acted as plaintiff or other claimant, as well as in other cases in which applying its receivables or other rights relating to the estate can continue to draft insolvency administrator, the date when court, arbitrator or the permanent arbitration court in which the proceedings take place, out of his proposal to continue the proceedings, the insolvency administrator becomes a party instead of the debtor.

(2) If the liquidator within the period specified by the court, arbitrator or permanent arbitration court in which the proceedings are conducted, did not request a continuation of the proceedings, can a proposal for continuation of the proceedings filed by the debtor, or other parties to the proceedings, the debtor remains party.

(1) interrupted proceedings in which, at the time of declaration of bankruptcy creditors exercising claims against the debtor or other rights relating to the estate or to be satisfied out of the estate can continue the design of these creditors or bankruptcy administrator, if the disputes regarding the scope of the estate, with the exception of disputes the withdrawal of assets from it, or in the case of proceedings for claims to the right to ensure the satisfaction of, or the management of claims against the estate of the claims or built them on an equal footing. The date on which a court, arbitrator, or the permanent arbitration court in which the proceedings take place, was received by the continuation of the proceedings, the insolvency administrator becomes a party instead of the debtor.

(2) In proceedings relating to claims and other rights relating to the estate to be applied in insolvency application, or to which the insolvency proceedings are regarded as logged in, you can continue after the declaration of bankruptcy, a decision to this effect to the proposal person that such a claim is made, or at the request of the insolvency administrator, the insolvency court, the same applies, if it is a declaration of bankruptcy proceedings are suspended under § 263, which does not apply to rules contained in § 264 paragraph 1 and The decision on this proposal is not appealable. The decision shall be served on the debtor, the insolvency administrator and the applicant.

(3) The decision to continue proceedings pursuant to paragraph 2, the bankruptcy court issued only if the continuation of the proceedings leading to clarification of the issues raised by insolvency proceedings or to terminate the debtor disputes in a way that does not burden the estate. This decision becomes the liquidator of the party instead of the debtor, in proceedings, may continue until after the review hearing.

(1) A declaration of bankruptcy of the judicial and arbitration interrupt

a) criminal proceedings
b) inheritance proceedings and estate,
c) the procedure for settlement of property of the debtor and his spouse,
d) the management of the maintenance of minor children without regard to whether it acts as a debtor or a person authorized as a taxable person,
e) proceedings relating to protection of personality and in matters of protection of the name and reputation of legal entities, this does not apply if the debtor is an entrepreneur or if the required cash consideration,
f) proceedings relating to public registers under a special law,
g) proceedings relating to the capital market,
h) enforcement proceedings or execution,
i) proceedings in which the debtor is a single operator.

(2) Unless otherwise provided, the party referred to in paragraph 1 shall continue to the borrower.

(3) In the case of proceedings relating to capital markets or a procedure in which the debtor is the sole party, the bankruptcy court on a proposal from the institution which leads, or its own motion after examining the nature of an object management and its impact on the further course of the insolvency proceedings decide that the bankruptcy trustee becomes a party to the proceedings instead of the debtor. Against this decision, which shall be delivered separately to the debtor, the insolvency administrator and the authority which proceedings are held no appeal allowed.

(4) The adjustment referred to in paragraphs 1 to 3 shall not affect the provisions of § § 140a to 140e.

(1) Unless stipulated otherwise, a motion for enforcement or execution proposal continues to be made against the debtor; against the insolvency administrator can not be given, even if it is to be a mandatory debtor. The provisions of § 140e is not affected.

(2) If the enforcement proceedings or the execution, which acts as an eligible borrower becomes the bankruptcy filing bankruptcy trustee authorized instead of the debtor.

Part 3

The effects of bankruptcy on the joint property of spouses

(1) bankruptcy terminates the joint property of the debtor and his spouse, was the creation of the joint property of the debtor and his spouse on the date reserved for the dissolution of marriage, bankruptcy has the same effect as destruction of property of marriage.

(2) A bankruptcy petition shall be made settlement of marital property, which

a) terminated pursuant to paragraph 1,
b) disappeared into bankruptcy, but has not been settled, or
c) has been narrowed by contract or by a court decision to declare bankruptcy and has not been settled.

(3) In cases referred to in paragraph 2. b) and c) the bankruptcy puts time limit set under a special law for the settlement of marital property if it is to expire within 6 months from bankruptcy.

(1) Treaty between the spouses that were closed after an insolvency petition by the debtor, and if an insolvency petition by a creditor after the material effects associated with the initiation of insolvency proceedings, bankruptcy becomes invalid if it is a

a) contracts for narrowing the scope of the joint property of spouses,
b) contract to expand the scope of marital property if it is based on them became part of the joint marital property until belonging only to the debtor,
c) a contract to expand the scope of marital property if it is to become part of the basis of marital property belonging to the obligations then only the debtor’s spouse,
d) agreement on the settlement of marital property, including a court approved settlement.

(2) If, at the time when the events associated with the initiation of insolvency proceedings in the bankruptcy petition deadline has passed for the settlement of marital property without the agreement of settlement of marital property, takes effect under a special law on the expiry settlement of marital property after 6 months from the declaration of bankruptcy, until then you can conclude a new agreement on settlement of marital or submit a proposal to settle a court decision; rights of third parties acquired in good faith that are not affected.

(3) If due to the invalidity of contracts between spouses pursuant to paragraph 1 is to change the rights listed in the real estate, bankruptcy trustee submits the relevant Land workplace proposal to deposit that demonstrates confirmation with instructions on how to change what just happened.

(1) passes to the bankruptcy insolvency administrator authority to enter into an agreement on settlement of marital property or propose settlement in court. Agreement on settlement of marital property after the borrower entered into bankruptcy are invalid.

(2) Part of marital property, the borrower with the consent of her husband used to do business, falls in settlement of marital property in each estate.

(1) Agreement on the settlement of the spouses entered into the receiver is effective once it is approved by bankruptcy court.

(2) The insolvency court settlement agreement approved by the spouses, if contrary to law or if it disagrees with the creditors’ committee.

(3) Insolvency Court approved a settlement agreement of the spouses has the effect of a final judgment. To cancel the decision to approve the agreement shall apply mutatis mutandis the provisions of Civil Procedure to set aside the order approving the settlement.

(1) Decision on whether to approve the settlement agreement on the joint property of spouses, delivers bankruptcy court and the parties to the agreement the creditor committee, separately.

(2) A decision to approve the agreement on the settlement of marital property is not the appeal is admissible. A decision which bankruptcy court approved this agreement, may appeal only parties to the agreement.

(1) is the procedure for settlement of marital property, it becomes the liquidator of a party to the bankruptcy debtor’s place of this proceeding. They insist the effects of a bankruptcy, this procedure can result in judicial settlement.

(2) If an appeal against a decision Bankruptcy Court approved a settlement agreement of the spouses, the court proceedings for settlement of marital property be suspended until the appeal court decision.

If you can not make settlement of marital property because the debtor’s obligations, which it can be met, are higher than property belonging to the spouses, encompasses the entire property belonging to the joint property of spouses in the estate.

The claim of the debtor spouse incurred after the bankruptcy settlement of marital property shall be deemed to lodge a claim and meet with as such claims.

(1) For the duration of the effects of bankruptcy can not rise to a new couple’s joint property, the borrower closes a new marriage, delayed the formation of marital property on termination of these effects.

(2) extension of the joint property of spouses, which is contrary to paragraph 1 or circumvent it, are invalid.

Part 4

Process transactions related to bankruptcy

(1) Immediately after the entry into force bankruptcy, insolvency administrator will ensure the implementation of procedural and other activities that arise out of bankruptcy.

(2) The insolvency administrator to focus its activities mainly to establish a secure inventory to complete the list of registered claims, preparation of review meetings and prepare meeting of creditors.

(3) In the case of a debtor who keep accounts or records pursuant to a special legal regulation 13), consists of liquidator on the day preceding the date on which the effects of bankruptcy, interim financial statements and statement of income, expenditure, assets and liabilities.

repealed by Law No. 294/2013 Coll.

(1) Unless this Act provides otherwise, the obligations which the law requires the debtor to persons acting on behalf of the debtor and other persons in connection with the declaration of bankruptcy, must be fulfilled within 15 days of bankruptcy, the bankruptcy court deadline may be extended as appropriate only for reasons deserving special attention.

(2) If the obligation under paragraph 1 are not fulfilled within the stipulated period, adopted the proposal from the bankruptcy court bankruptcy trustee adequate measures for their enforcement.

Unless this Act stipulates otherwise, the list charter, which the bankruptcy trustee in bankruptcy for liquidation entitle the registered property.

(1) Based on the list filed claims and an inventory and using the lessons learned and other insolvency administrator shall establish a report on the economic situation of the debtor on the date of bankruptcy. In particular, the report compares the estate of the debtor’s obligations and expressed the possibility of further use of the debtor’s business.

(2) The report on the economic situation of the debtor’s insolvency administrator shall submit to the insolvency court at least 10 days before the date of the first meeting of creditors convened after the declaration of bankruptcy. Creditors have the right to report this to the insolvency court to inspect.

(1) meeting of creditors of the insolvency administrator shall consider a report on the economic situation of the debtor with the conclusions which the insolvency administrators are recommendations for further action.

(2) creditors meeting shall decide whether and to what extent a debtor who is a natural person, his family and provide benefits from the estate to pay their reasonable subsistence needs. It does so at the request of the debtor or any member of his family.

Part 5

Realization of assets

(1) Zpeněžením estate means the transfer of all assets that belong to it, the money in order to satisfy creditors. For monetization to be considered for this purpose and use of the debtor’s bank accounts and cash. Zpeněžením estate means an assignment for a consideration of debtors and receivables; arrangements which prevents it, is not limited by bankruptcy trustees.

(2) The liquidation of the estate can proceed only after the decision to declare bankruptcy, but not before the first meeting of creditors, unless the matter threatened destruction or deterioration or if the bankruptcy court does not permit an exception.

(3) monetization of assets in equity basically debtor to which the subject of a security issued in criminal proceedings, can be done only with the prior consent of the competent authority participating in criminal proceedings. Exceeds the proceeds of liquidation of assets made pursuant to the first sentence, the amount intended to be paid to inform the bankruptcy trustee the authority of law enforcement, to ensure that decision. If the authority does not notify law enforcement within 30 days of lodgement, ensuring that applies to the rest of the proceeds will be used for distribution among creditors.

(4) Copies of documents proving the realization of assets and the conditions under which it was to be liquidated, the liquidator shall submit to the founding of the insolvency court to file bankruptcy immediately after the occurrence of a liquidation.

(5) Unless otherwise Prefabricated further, do not pass the liquidation of the assets of the acquirer drains on things.

Option

(1) A property which forms part of public land port 41), is the realization of pre-emption of state law.

(2) The statutory pre-emption rights of the bankruptcy trustee in the liquidation of assets is bound. Contractual right of first refusal is not an insolvency administrator in the realization of assets is bound.

(3) The insolvency administrator is in the realization of assets is bound by the statutory pre-emptive tenant who is a natural person, the unit included in the estate at the first transfer under § 1187 of the Civil Code.

(4) The insolvency administrator is in the realization of assets under an obligation to offer transfer units in the estate to the beneficiaries in accordance with § 1188 of the Civil Code. The insolvency administrator is also in the realization of the essence bound by statutory pre-emptive rights of tenants formed by the Flat Ownership Act.

(5) The insolvency administrator shall perform all acts that are the transfers are made pursuant to paragraphs 3 and 4 are necessary, for him by persons authorized under paragraphs 3 and 4 are entitled to compensation costs necessarily incurred in carrying out all the necessary activities and remuneration determined by a special regulation . If he fails to person authorized under paragraph 3 or 4 of the right to convert the units within 3 months from the date of delivery offers the insolvency administrator, the insolvency administrator monetize units in accordance with this Act.

(1) Zpeněžením estate void in so far as they relate zpeněženého property

a) the effects of enforcement or execution, the effects of receiving a notice of initiation of execution and effect issued execution orders,
b) other defects sticking to the realization of the assets, including unused pre-emptive rights pursuant to § 284 paragraph 3 and 4, including defects listed in a public directory, unless stated otherwise.

(2) If the property is monetized by the borrower uses to housing their families, or to be owned by the debtor, the debtor is obliged to vacate. Failure to do so voluntarily, the acquirer may seek eviction action in court, not the incidental proceedings.

(3) A clearance under paragraph 2 for the debtor to pay the same housing as the termination of the tenancy the tenant for gross misconduct arising from the tenancy.

(4) Unless a special legal regulation, monetization of assets in so far as they relate zpeněženého assets do not disappear servitudes and real burdens, with the exception of those in the insolvency proceedings ineffective.

(1) estate can monetize

a) public auction in accordance with special regulation 45),
b) the sale of movable and immovable property under the provisions of Civil Procedure for enforcement
c) sale of assets outside the auction.

(2) The manner of realization of assets under paragraph 1 shall be decided with the consent of the creditors’ committee insolvency administrator.

(1) monetization of public auction shall be conducted under the provisions of special legal regulation 38).

(2) The public auction, the auctioneer to the proposal of the insolvency administrator. Contract for the auction in this case becomes effective on the date of approval by the creditors’ committee.

(1) The liquidation sale of movable and immovable property, the district court has jurisdiction under the provisions of Civil Procedure. The proposal submitted to the bankruptcy trustee sale, which is the only party to this proceeding.

(2) The court orders the sale under paragraph 1, if accompanied by a draft decision on bankruptcy, bankruptcy court confirmed an inventory of and agreement with the creditors’ committee in this way monetization.

(3) Decision issued in this proceeding shall be delivered only to the insolvency administrator is against them may appeal.

(1) Sales outside the bankruptcy trustee auction may take place with the approval of bankruptcy court and creditors’ committee. In granting consent, the bankruptcy court to set conditions of sale. Unless the bankruptcy court approval and creditor committee is granted, shall not have an agreement for sale outside the auction efficiency. Consent bankruptcy court and creditors’ committee is not required to sell things or threatened destruction or deterioration, as well as things commonly zcizovaných the continuing operation of the debtor’s business.

(2) In a sale outside the auction to determine the purchase price is below the appraised price. The insolvency administrator shall take into account also the costs that would otherwise be spent on administration zpeněžovaného property.

(3) The contract, which was to be liquidated sales outside the auction may be challenged only in an action brought by the bankruptcy court no later than three months from the date of publication of the contract in the insolvency register.

(1) the debtor’s bankruptcy trustee company can monetize a single contract.

(2) The yield of the realization of a single enterprise agreement is part of the total proceeds of the realization of assets and can only serve to cover liabilities related to the selling company.

(1) the liquidation of the debtor’s business single contract on the transferee all the rights and obligations which apply to the sale, including the rights and obligations arising from labor relations to employees of the debtor’s business, with the exception of claims against the debtor arising to the effectiveness of the contract.

(2) Except as provided otherwise in this Act shall apply to the contract under § 290 similarly relevant provisions of special legislation on the sale of the company, for the fulfillment of the commitments assumed by the purchaser, the seller is not liable.

The provisions of § 290 and 291 shall apply mutatis mutandis, if only one realization of the whole contract or portion of the estate of the debtor’s business.

(1) In the case of liquidation of assets, rights, debts or other assets used to secure the debt, the bankruptcy trustee is bound by the instructions of the secured creditor pointing towards monetization, if secured creditors more grants these instructions secured creditor whose claim satisfies the collateral as of the first rank. If the secured creditor does not grant the relevant instructions or within the time specified by the insolvency court, has the right to grant the secured creditor whose claim is satisfied by ensuring that next. The insolvency administrator may refuse these instructions, if deemed ensure that the subject can monetize preferably, in which case ask the bankruptcy court for their review as part of the supervisory activity.

(2) The provisions of § 230, paragraph 3-5 shall apply mutatis mutandis. The provisions of § 286, paragraph 2, § 287, paragraph 2 and § 289, paragraph 1 shall apply only if no instructions are secured creditors.

(1) The insolvency administrator is required to apply and enforce the benefit of the debtor’s estate claim. This applies mutatis mutandis to the debtor’s non-monetary assets valuable money.

(2) The obligation under paragraph 1 is not an insolvency administrator if the cost of implementation and enforcement of these claims are unreasonably high or can not be borne by the estate.

(1) The debtor, a person close to him and those with him form a group, may acquire property belonging to the estate, even if it has the monetization of its auction, the property must be transferred to it, or within 3 years from the end of the bankruptcy, even though they enjoy statutory pre-emption rights. Legal acts carried out in violation of this provision shall be null and void, they shall be regarded as valid if the person who is affected by them, invalidity unsuccessful. Invalidity shall not rely on the one who caused it myself.

(2) The provisions of paragraph 1 shall also apply to

a) senior employees of the debtor, pursuant to § 33 paragraph 3 and § 73 paragraph 3 of the Labour Code 14), and their relatives,
b) persons engaged in the last 3 years before the commencement of insolvency proceedings or after the start of a decisive influence on the operation of the debtor’s business or substantially affecting his other property activities
c) the shareholders of the debtor, if he is other than a joint stock company,
d) the debtor’s shareholders, which is a joint stock company shares if they are equivalent to more than one tenth of the capital,
e) the clerk of the debtor,
f) members and alternates of the creditors ‘committee, the creditors’ meeting which did not agree with the acquisition of property from the estate.

(3) At the request of the persons referred to in paragraph 1 or paragraph 2, point. a) to e) and the expression of the creditors’ committee, the bankruptcy court, where justified an exception to the prohibition of acquisition of property from the estate. In order to acquire these assets occur until after the bankruptcy, decide on this proposal, the insolvency court separately and this exception in this case may also enable the persons referred to in paragraph 2. f) against the decision may be appealed only the person who submitted the proposal.

Section 6

Dealing with proceeds of the liquidation

(1) Claims against the estate and assets of equivalent departments, as well as costs related to the administration of the estate shall be paid from the proceeds of liquidation.

(2) After the debtor’s business liquidation proceeds must not be used for business or profession or with the consent of the creditors’ committee. This does not preclude this yield was loaded so that it will evaluate the interest or other additions.

(1) It is not enough if the liquidation proceeds to cover claims and expenses under § 296, paragraph 1, can be used to cover cash expenses and remuneration of the insolvency administrator, the creditors’ claims incurred for the duration of the moratorium on contracts under § 122, paragraph 2, of the claims of creditors and credit financing and costs associated with maintaining and managing the assets of the use of funds obtained an advance for the costs of the insolvency proceedings or advance granted by the creditors’ committee.

(2) If sufficient funds or pursuant to paragraph 1, decide on the order of payment of claims or payment of its pro rata bankruptcy court on a proposal by the insolvency administrator under § 305 paragraph 2

(1) secured creditors are entitled to their claim has been satisfied from the proceeds of liquidation of assets, rights, receivables or other assets, which was ensured.

(2) the liquidation proceeds after deducting costs associated with the management and monetization of paragraph 4, unless the bankruptcy court otherwise, and after deduction of amounts relating to remuneration of the insolvency administrator issues a bankruptcy trustee with the consent of the insolvency court hedged creditors.

(3) against the proposed insolvency administrator to issue liquidation proceeds referred to in paragraph 2, the other creditors and the debtor to file objections within 7 days from the date of publication of the proposal in the insolvency register; later filed objections to the account. To be considered timely filed objections shall order the bankruptcy court within 30 days, at which decides whether the proposal meets the bankruptcy trustee.

(4) Costs associated with the monetization may be deducted to the extent of 5% of the proceeds of the realization, the costs associated with the administration of a maximum in the range of 4% yield monetization. With the consent of the secured creditor can deduct the costs in higher range.

(5) arranged by creditors that have not fulfilled the obligation under § 157, paragraph 1 shall be issued liquidation proceeds after deducting amounts attributable to fulfill this obligation.

(6) For the liquidation under § 293, paragraph 2 shall apply only if the secured creditor has not yet fulfilled the obligation under § 230 third paragraph

(7) The decision on the application of the insolvency administrator to issue liquidation proceeds referred to in paragraph 2 shall be delivered separately to the debtor, the insolvency administrator, arranged by the creditor to whom the proceeds given, and the creditors who filed an objection, only those persons may lodge an appeal against the decision.

repealed by Law No. 294/2013 Coll.

Information on the realization of assets

The insolvency administrator serves the insolvency court and the creditors’ committee interim report on the course of realization of assets and the disposal of the proceeds of liquidation. These reports served on its own initiative or upon the insolvency court or request the creditors’ committee. The realization of assets insolvency administrator shall immediately notify the court also, tax administrator, executor, or other judicial authority to which of the available results of the insolvency proceedings are pending regarding zpeněženého property, including enforcement proceedings or execution debtor’s assets. If the liquidation of the estate liens to expire zpeněženému property, the purchaser shall liquidator zpeněženého property immediately confirm the death of these property rights.

(1) permitted by the state of realization of assets, insolvency administrator at any time during the insolvency proceedings the insolvency court proposes to allow a partial schedule, with his proposal to agree creditors’ committee. The proposal must state which claims to be satisfied in a partial schedule, and to what extent.

(2) The insolvency court shall allow a partial schedule, if it allows the proceeds of liquidation of the estate if it is not prejudice the rights of secured creditors, if it can not be compromised schedule for the final report and if the proposed satisfy the claims included in the partial schedule, no doubt.

(3) The decision on the partial schedule is not permit the appeal is admissible.

(4) The claims included in the partial schedule insolvency court shall schedule the resolution that delivers the debtor, the insolvency administrator and to all creditors who are involved in it. These persons may lodge an appeal against it. Referring also be argued that they were not satisfied the conditions for authorizing the partial schedule.

Part 7

The final report and schedule

(1) At the end of realization of assets insolvency administrator the insolvency court shall submit a final report. Submission of final report does not, if

a) has not been completed incidental disputes if the outcome is not substantially affect the conclusion of the final report,
b) failed to realize all assets belonging to the estate so far nezpeněžený property may be exempt from the estate.

(2) The final report of the insolvency administrator must give the overall characteristics of its activities, quantifying its financial results. The final report shall include the

a) a review of claims against the estate debts and assimilated by the insolvency administrator has to satisfy, and which still remains to satisfy,
b) a summary of expenses incurred in connection with the administration of the estate by claiming expenses that are not common,
c) an overview of realization of assets with the result that has been achieved,
d) the assets, not realizing that, with the reasons why it happened,
e) the results of a partial schedule, if any,
f) Review of secured creditors are reflected in the schedule,
g) a summary of negotiations and legal acts relevant to the course of insolvency proceedings.

(3) The final report of the insolvency administrator must result in quantifying the amount to be divided among the creditors, and the designation of those creditors, with an indication of the amount of their shares of this amount.

(4) The date of the final report drawn up an insolvency administrator accounts.

(1) Along with the final report insolvency administrator the insolvency court and submit accounts of their salary and expenses.

(2) The statement of its income and expenditure and submit preliminary administrators and other administrators who participated in the administration of the estate and are different from those of the insolvency administrator and their compensation does not form part of his remuneration.

(1) The insolvency court shall review the final report of the trustee and the bankruptcy bill and eliminate after hearing the insolvency administrator errors and uncertainties contained therein.

(2) The final report of the insolvency administrator shall be notified by the bankruptcy court by the parties, it shall publish notice. At the same time inform them that within 15 days of publication of the final report in the insolvency register may file objections against it, the opposition shall be filed with the bankruptcy court in duplicate with the fact that one copy shall be delivered to the insolvency administrators for comment.

(3) to discuss the final report of the insolvency administrator and the bill directs the bankruptcy court hearing. Date and place of the meeting shall disclose the insolvency court by a decree summoning the acts bankruptcy court specifically deliver the insolvency administrator, the debtor, creditors and the public prosecutor who filed objections to the final report, and the creditors’ committee.

(4) The negotiation of the final report and statement of insolvency administrator the insolvency court will discuss the objections that were raised against it. Based on this decision, either by

a) approve the submission of the final report and statement, unless reasonable objection to them,
b) order the addition or change of the final report or statement, if it finds that some of the objections against them are justified, but does not change its basic content
c) refuses to accept the final report finds that the objections raised against it reasonable to question the report as a whole, in this case saves the insolvency administrator to submit a new final report within a period to be determined.

(5) has not been filed objections to the final report, the insolvency court to issue a decision pursuant to paragraph 4 without a hearing.

(6) The decision referred to in paragraphs 4 and 5 shall deliver the insolvency court insolvency administrator, the debtor and creditors, whose objections were decided. Appeals against these decisions may file an insolvency administrator and creditors and the debtor, the opposition was not upheld.

(1) Before the schedule to satisfy the unpaid debt, which meet at any time during the bankruptcy proceedings, and claims against the estate of receivable equated a secured claim to the extent specified in § 167 and 298

(2) Failing yield obtained from the liquidation of assets to satisfy all claims referred to in paragraph 1 shall be satisfied first prize and cash expenses of the insolvency administrator, then creditors’ claims incurred for the duration of the moratorium on contracts under § 122, paragraph 2, after the claims of creditors of credit financing, then the relative costs associated with the maintenance and administration of the estate and the debtor’s employment claims by employees arising after the decision on bankruptcy and creditors ‘claims after the maintenance of law and then creditors’ claims for damages caused to health, other claims are satisfied proportionally. Proceeds of the realization in accordance with § 298 paragraph 2 can not be used to satisfy other claims to satisfy the claims of secured creditors.

(3) The proceeds of liquidation of the bankruptcy trustee will allocate the amount of the anticipated schedule of costs associated with the termination of the proceedings.

(1) After the decision on approval of the final report, the insolvency administrator the insolvency court for distribution ruling, stating how much should be paid for each claim listed in the updated list of filed claims.

(2) The insolvency court shall examine the accuracy of a draft submitted by the receiver. Then shall schedule a resolution specifying the amount to be paid to creditors.

(3) All creditors included in the schedule are satisfied in proportion to the amount of their claims as they were detected.

(4) Issue Resolution does not preclude the distribution, if any of the claims regarding the revised list of registered claims are not yet eligible for such payment or if it is still a controversial claim that focuses on the claim,

a) which relates to appeals from final report
b) for which the incidence has not been terminated dispute.

(5) For inclusion in the timetable for claims related to the conditions decisive condition for the distribution date of the resolution.

(1) Timetable resolution delivers the insolvency court insolvency administrator, the debtor and creditors, whose claims to this resolution applies, such persons may object to the resolution rozvrhovému appeal.

(2) In order schedule determined by the insolvency court insolvency administrators time to fulfill it; period shall not be longer than 2 months from the authority of this resolution.

(3) The figures for individual creditors in the resolution to schedule them liquidator reimburses their costs generally at its headquarters. Amounts exceeding CZK 500 may fold into custody at the court and creditors to inform in writing about. Similarly, advances, if no payment amounts for each creditor within 30 days of the barrier distribution ruling on their side. The fulfillment of the resolution to the insolvency administrator shall report to the insolvency court.

(4) The amounts that may accrue to the claims referred to in § 306, paragraph 4, folds into custody liquidator to the insolvency court. Once the barriers fall for their payment, they will issue the insolvency court schedule another resolution, the provisions of schedule resolution also apply to other life examples. If it turns out that about some of these amounts are not met the conditions for its inclusion in the schedule, exclude it from insolvency court schedule; against this decision no appeal allowed. A similar procedure in respect of amounts allocated to the costs associated with the termination of proceedings, if not used.

Part 8

Annulment of bankruptcy

(1) The insolvency court decides its own motion for annulment of bankruptcy

a) if it finds that it was not subsequently certified by the debtor’s bankruptcy, this does not apply where there has been no substantial part of the liquidation of the estate
b) if it finds that there is no logged and all creditor claims against the estate and assets assimilated them are satisfied,
c) after receipt of a bankruptcy trustee for fulfillment of the resolutions
d) if it finds that to satisfy creditors, the debtor’s property is entirely inadequate, while disregarding the things, rights and other property values are excluded from the estate.

(2) The insolvency court decides to cancel the proposal also bankrupt debtor if the debtor on the draft, joined the list to which all creditors and bankruptcy trustees expressed their agreement with the abolition of bankruptcy and which is officially authenticated signature of the person who signed it.

(1) For delivery and publication of the decision to cancel the bankruptcy, the same as the delivery and publication of the decision to declare bankruptcy. Debtor and the insolvency administrator with the decision delivered into their own hands.

(2) A decision pursuant to § 308 paragraph 1 may only be appealed insolvency administrator and creditors login.

(3) The decision to cancel an audition, is enforceable and its effects as from the date of the entry into force.

(4) the decision, which cancels the bankruptcy, insolvency proceedings are terminated.

(1) If the borrower dies during the audition and is open in its place his heirs, and failing them, the state.

(2) The insolvency administrator the insolvency court shall submit a report on the results of the previous discussion of the bankruptcy bill, along with their relative income and expenses already incurred. Insolvency court shall review the submitted report and decide on it; § 304 apply mutatis mutandis.

(3) After the decision on approval of the report under paragraph 2 of the insolvency court cancels bankruptcy and refer the matter to court, which hears heritage. The receipt and publication of this Decision, § 309; appeal against it is not permissible.

If, due to cancellation of bankruptcy under § 308 paragraph 1 point. c) and d) the cancellation and termination of a debtor who is a legal entity without a legal successor under a special law, unsatisfied or unsatisfied claims of the cease unless they meet the collateral.

(1) The repeal of bankruptcy bankruptcy effects disappear with the exception of events where you can return to their state prior to bankruptcy. The validity and effectiveness of operations which were carried out during the bankruptcy, it is not affected.

(2) A debtor who is a legal entity, acting again his statutory authority or liquidator, in the case of a legal person in liquidation, liquidation of legal entities interruption ends.

(3) Cancellation of bankruptcy under § 308 paragraph 1 point. d) is a basis for cancellation of the borrower from the Commercial Register, unless a legal entity established by law.

(4) Based on the revised list of claims for annulment of bankruptcy can file a petition for enforcement or execution of an unsatisfied claim determined by the borrower did not deny, this right shall be barred after 10 years from the cancellation of bankruptcy. This does not apply in the case of an unsatisfied claim or part thereof, which expires in accordance with § 311th

(1) The function of the insolvency administrator does not end with the abolition of bankruptcy, even though his license to dispose of the remainder of the estate, and other dispositional authority transferred to the borrower.

(2) The insolvency administrator is obliged to cancel the date of bankruptcy to close the books, prepare financial statements comply with the obligations imposed by tax legislation and pass necessary accounting records of the debtor. In addition, the debtor is obliged to hand over the remaining assets of delivering professional accounting and document management 61) arising from the activities of the debtor, or the activities of its legal predecessors, and other activities related to the cancellation of the bankruptcy. If the borrower does accounting relate to these duties adequately his tax records.

(3) After carrying out activities pursuant to paragraph 2 of the insolvency administrator the insolvency court relieved of his duties. At the same time decide on the expenditure incurred by the insolvency administrator in connection with the cancellation of bankruptcy, and how their payment.

Part 9

Special provisions on bankruptcy slight

(1) A little competition goes, if

a) the debtor is an individual who is not an entrepreneur or
b) there were a total turnover of the debtor under a special legal regulation 46) for the last financial year preceding the declaration of bankruptcy of more than 2 million CZK and the debtor has more than 50 creditors.

(2) The decision on whether it is a tiny bankruptcy, insolvency court may issue its own motion, and combine them with the declaration of bankruptcy or is issued any time during the insolvency proceedings after bankruptcy.

(3) If we go out later that the bankruptcy should not be considered insignificant, the bankruptcy court decision taken without undue delay, cancel.

(4) A decision under paragraphs 1 and 2, the appeal is admissible, but must always be justified.

(1) Unless otherwise meeting of creditors in the bankruptcy procedure is a slight under this Act with the following variations:

a) place of the creditors’ committee, creditors may appoint a representative of creditors,
b) the effectiveness of a settlement agreement of the spouses do not need approval of the bankruptcy court nor the creditors’ consent authority
c) to eliminate the bad debts and assets, rights or other assets that can not be sold, does not require the approval of the creditors of the insolvency court or authority
d) the timely objections to the final report and statement can be decided without a hearing,
e) at the review meeting is to discuss all issues simultaneously, which would otherwise be entitled to decide only the creditors’ meeting and, if appropriate, may also present a final report and statement of objections and discuss them.

(2) Unless inconsistent with the decision of a meeting of creditors, bankruptcy court may determine bankruptcy for minor and other deviations from the law if they lead to a rapid and economical course of insolvency proceedings; these variations may affect the position of secured creditors or the principles of insolvency proceedings. This decision can connect to the insolvency court decisions on bankruptcy slight or may be issued at any time.

TITLE II

REORGANISATION

Part 1

Admissibility of reorganization

(1) reorganization usually means the gradual satisfaction of creditors’ claims while preserving the debtor’s business, secured measures for economic rehabilitation of the company under insolvency court approved a reorganization plan for its implementation followed up by creditors.

(2) can be solved by reorganization bankruptcy or impending bankruptcy of a debtor who is an entrepreneur, a reorganization of his business concerns.

(3) Reorganization shall not be admissible if the debtor is a legal person in liquidation, securities dealer or a person authorized for trading on the Commodity Exchange in accordance with special legislation.

(4) Reorganization is admissible if the total annual net turnover of the debtor under a special legal regulation 46) for the last financial year preceding the insolvency petition has reached at least the amount of CZK 100 million, or if the borrower employs at least 100 employees in the employment provisions of paragraph 3 is not affected.

(5) If the debtor together with the insolvency petition or within the declaration of bankruptcy by the insolvency court reorganization plan adopted by at least half of all secured creditors calculated according to the amount of their claims, and at least half of all unsecured creditors computed according to the above claims, restrictions referred to in paragraph 4 shall not apply.

(6) If a bankruptcy petition creditor and the debtor before the decision to decline requests to extend the deadline for the submission of a reorganization plan under paragraph 5, the insolvency court in the bankruptcy decision will extend this period for a maximum of 30 days.

Part 2

The proposal to permit the reorganization

(1) Persons entitled to petition for permission to reorganize the debtor or creditor logged.

(2) to permit the reorganization proposal may submit only one who in good faith, or that all conditions for approval of a reorganization plan.

(1) A debtor who has filed an insolvency petition for imminent bankruptcy, may submit a proposal to allow the reorganization by the bankruptcy decision. In other cases, the petition for permission to submit a reorganization within 10 days before the first meeting of creditors to be held after the decision on bankruptcy.

(2) Late submission of a proposal to allow bankruptcy reorganization court decision refusing to deliver to the debtor, the petitioner, the insolvency administrator and the creditor committee. An appeal against it may submit only person who filed a late request.

(1) The proposal to permit the reorganization, the debtor filed, in addition to general requirements for filing 20) contain

a) the debtor and the authorized person for him to act
b) the debtor known data on the capital structure and property of persons who control the debtor or the debtor that make up the group 21), including information on whether in respect of any of these people does not take place insolvency proceedings, or a statement that no such persons,
c) an indication of how the proposed reorganization.

(2) The application for approval of a reorganization, the debtor must attach a list of assets and liabilities list, or statement of changes which have since been compared with the lists, which insolvency proceedings have previously submitted.

(3) to permit the reorganization proposal filed by the creditor, in addition to general requirements for filing 20) contain the information specified in paragraph 1 letter. a) and c). Other information required under paragraph 1 shall put creditor only if he is known.

(4) For the identification of the application for approval of the reorganization and the lists attached thereto shall apply to § 103 paragraph 1, mutatis mutandis.

(5) Data on the method of reorganization contained in the application for approval of a reorganization, not a person preparing a reorganization plan, or a person in the proposal submitted are subject.

(1) the absence of a proposal to allow the reorganization of all the elements or is incomprehensible or indeterminate, the insolvency court order require the person who made it to the correct or complete within a specified period of not longer than 7 days. At the same time she learns how to make correction or completion.

(2) Under paragraph 1 of the insolvency court shall proceed even if there are no application for approval of reorganization attached annexes required by law or does not contain the annexes specified requirements.

(3) The proposal to permit bankruptcy court rejects the reorganization, unless the call through its duly completed and in control of him for this deficiency can not continue, or if not him, despite his invitation attached annexes required by law or does not contain these attachments through his challenge specified requirements.

(4) Decisions pursuant to paragraph 3 shall be notified to the debtor bankruptcy court, the preliminary insolvency administrator or the administrator, the creditor committee and the person who authorized the reorganization proposal filed, an appeal may be made against him only the person who authorized the reorganization proposal filed. The appeal is given to be taken into account before deciding if it allowed the reorganization of the insolvency court to the proposal of another person.

(1) If, after the insolvency court came a proposal to allow reorganization, submit this proposal and the other person considered the proposal for another person to intervene, which is the subject of reorganization; § 107 shall apply mutatis mutandis.

(2) The insolvency court shall invite the persons referred to in paragraph 1, within a period of not longer than 30 days, remove the difference in their proposals and advised him of a common position. Failure to do so, based on insolvency court has proposed a debtor, and if not him, then from the creditor, who had arrived earlier.

(1) A person who has filed for permission to reorganize, it may be withdrawn until the insolvency court shall permit the reorganization of the petition or otherwise decides.

(2) Withdrawal of application for approval of a reorganization takes note of the insolvency court decision which shall be delivered to the person in the proposal filed, debtor, the insolvency administrator and the creditor committee, appeal against it is not permissible. After the release of the insolvency court decision does not continue to discuss the reorganization.

(3) If a petition for permission to reorganize withdrawn, after it was decided that bankruptcy court decides that the withdrawal is not effective, the decision against which no appeal is admissible, shall be delivered to the person in the proposal filed, debtor insolvency administrator and the creditor committee.

(4) A person who has made another proposal to allow the reorganization, insolvency ask the court to him within 15 days whether he takes his hearing, failing to discuss the reorganization of the insolvency court does not continue.

(1) The proposal to permit a creditor filed a reorganization must be approved by the creditors’ meeting, do so after the bankruptcy trustee report on the economic situation of the debtor.

(2) Before deciding the creditors’ meeting approving the application for approval of a reorganization bankruptcy trustee to notify him known the reasons for which the question of honest intention of proposing a creditor.

(1) Upon application for a permit prior to the decision of reorganization and bankruptcy, the persons authorized to dispose of the estate of the obligation to refrain from legal actions which might be frustrated or threatened by the proposed reorganization.

(2) The insolvency court may, after submitting application for approval of a reorganization of its own motion to amend its preliminary measures.

(3) Since the publication of the proposal to permit the reorganization of the Insolvency Register is not allowed netting of mutual claims of the debtor and creditor, unless otherwise determined by the insolvency court injunction. This applies even if the statutory conditions were met off before that moment.

Part 3

Decision on application for approval of reorganization

The discussion of the proposal to permit bankruptcy court reorganization proceeding under § 148 to 152

(1) The insolvency court shall reject a proposal to allow reorganization

a) if it can be taken into account all the circumstances reasonable to assume that it is monitored dishonest intent, or
b) who re-filed, the person whose application for approval of reorganization has already been held, or
c) who has filed a creditor, provided it is approved by the creditors’ meeting.

(2) The dishonest intention by the proposal to permit the reorganization can be considered especially when regarding the debtor’s legal representative, statutory body or member of the Board’s collective

a) in the last 5 years went insolvency proceedings or other proceedings dealing with bankruptcy, and depending on the outcome of such proceedings, or
b) the extract from the criminal records in the last 5 years before the commencement of insolvency proceedings was the criminal proceedings which resulted in a final conviction for the crime of property or economic nature.

(3) Decision to reject an application for approval of the reorganization of the debtor shall be delivered to the person who submitted the proposal, the insolvency administrator and the creditor committee. An appeal against it may submit only the person who submitted the proposal.

(1) If the insolvency court to refuse permission reorganization, takes note of the withdrawal or rejects it, goes no further in the insolvency proceedings. Effects of application for permits reorganization of this Decision shall expire.

(2) A person whose application for permission reorganization bankruptcy court refuses to take note of the withdrawal or rejects it, shall apply mutatis mutandis § 147th

If there is no withdrawal of the application for approval of its reorganization or the refusal or rejection, allow bankruptcy court reorganization. The decision to allow the reorganization shall be delivered to the debtor, the petitioner, the insolvency administrator and the creditor committee. An appeal against it is not permissible.

(1) The decision to include reorganization

a) statement of permission reorganization
b) information about who is the receiver, and if it is not yet established, a statement of its provisions,
c) a call to the debtor within 120 days submitted a reorganization plan or order without undue delay, the insolvency court said that it does not intend to submit,
d) information about under what conditions can present a reorganization plan of another person.

(2) The provisions of paragraph 1 letter. c) shall not apply if the debtor before a decision under paragraph 1 of the insolvency court announced that he does not intend to submit a reorganization plan.

(3) The decision on approval of reorganization may further contain a statement of any other measures relating to the estate as necessary to support the purpose of the reorganization.

(1) the decision to permit the reorganization of abolishing restrictions dispositional powers of the debtor to which the law or decision of the bankruptcy court so far during the insolvency proceedings, the insolvency unless the court decides otherwise in accordance with § 332.

(2) The legal acts which have in terms of dealing with the estate of the administration and its fundamental importance, is the debtor authorizing only with the consent of the creditors’ committee. Breach of this obligation results in the debtor’s liability for damage or other harm which the creditors or third parties caused by members of the statutory body of the debtor for such damage or other harm shall be liable jointly and severally.

(3) The legal acts which, pursuant to paragraph 3 of crucial importance to consider actions that result in significantly change the value of the estate or the creditors’ position or degree of satisfaction of creditors.

(4) Loans to senior executives of the debtor authorizing, pursuant to § 33 paragraph 3 and § 73 paragraph 3 of the Labour Code 15) that occurred after the approval of reorganization may be in the course of insolvency proceedings only to the extent, determined by the liquidator with the approval of creditors’ committee.

(5) the day preceding the date on which the authorization takes effect the reorganization, the debtor shall establish interim financial statements.

330A

(1) For the duration of the reorganization shall apply mutatis mutandis the provisions of § 246 para 4 and § 253 to 260 Rights payable under these provisions insolvency administrator performs the debtor authorizing only with the consent of the creditors’ committee, a breach of this obligation applies § 330, paragraph 2, second sentence.

(2) For the reciprocal performance, the debtor authorizing that within 30 days of the approval of reorganization does not respond by refusing to fulfill agreements must meet.

The insolvency administrator supervises the activities of the debtor with authorizing, continuing survey of the estate and its inventory leads incidental disputes, compiles and adds a list of creditors and report to the creditors’ committee. In addition, perform other tasks and carry out other activities that he ordered the bankruptcy court.

(1) The insolvency court may, on application of the insolvency administrator or creditors’ committee or its own motion to prohibit the debtor with the authorizing officer handling the estate or its authorized limit within the specified range. It does so in the interests of creditors especially if doubts arise about the fair conduct or competence of the debtor or persons acting on its behalf.

(2) If the proposals referred to in paragraph 1 more, bankruptcy court will decide one decision against which no appeal is admissible. If it rejects, an additional proposals made under paragraph 1 only after 30 days. The limits set out decisions taken pursuant to paragraph 1 may at any time before the bankruptcy court approved a reorganization plan for the design of the insolvency administrator or creditors’ committee to cancel or change.

(3) If the insolvency court to prohibit a debtor authorizing officer to deal with the estate of his license or to restrict, pass the disposition of the insolvency administrator privileges.

(1) Unless this Act provides otherwise, the decision to permit the reorganization of the suspended performance of the general meeting or meeting of members of the debtor and place of meeting or meeting of members of the debtor shall, in its scope insolvency administrator.

(2) The general meeting or meeting of members of the debtor and the decision to permit the reorganization retain the right to appoint or elect and remove members of the statutory body of the debtor and the debtor’s Supervisory Board, the effectiveness of its decision, however, requires the consent of the creditors’ committee. However, if the reorganization is enabled on the basis of the petition for reorganization filed by the creditor or if the debtor has the right to appoint a reorganization plan shall have the right to appoint or elect and remove members of the statutory body of the debtor and the Supervisory Board of the debtor to the creditor committee.

(3) termination of the debtor’s statutory body or supervisory board or the function of all members of these bodies and if the procedure under a special law appointed or elected within 30 days after a new statutory body or supervisory board or its members, elect the creditors’ committee.

Part 4

Creditors of the reorganization

The reorganization involved in logging creditors and creditors with claims against the estate and creditors on a par with their position.

(1) During the reorganization, the creditors of the debtor shall be treated as companions and members of the borrower for the debt of such persons shall be considered a right arising from their participation in society or in a team.

(2) applies, the amount of claims on the debtor partner or member of the company or the team is equal to zero, the provisions of § 347 paragraph 2 shall not be affected.

(1) Unless otherwise provided, the review of filed claims in the reorganization of § 190 similarly to 202nd

(2) The denial of the claim in the reorganization of the debtor has the same effect as a denial of the claim by the insolvency administrator, the provisions of § 51 paragraph 2 this is without prejudice, for which a denial applies mutatis mutandis to finding claims relating to the insolvency administrator. If the debtor has denied the claim during the review hearing held before approval of reorganization effects occurred, are occurring effects of this denial in the reorganization of the date on which the effects of the reorganization approval, this date is the date for the beginning of the period for bringing an action to determine the authenticity of the above or order of the claim. Creditors unenforceable claim which was denied by the debtor, always bring an action against the debtor.

(3) In the case of enforceable granted final decision of the competent authority, the debtor as the reason for the denial of its authenticity or the amount in the reorganization exercise only the facts that are the reason for stopping the enforcement or execution because the debt is extinguished or barred.

(4) Denial of the claim the lender has registered for the duration of the reorganization affect the findings of denied claims.

(1) To determine the extent needed to meet the identified claims of creditors and voting on the adoption of a reorganization plan to creditors in the reorganization of the debtor are divided into groups, so that in each group were essentially the same lenders and legal status are fundamentally identical economic interests. The division into groups of creditors includes reorganization plan, which always indicate what criteria the division of creditors occurred.

(2) A separate group is particularly

a) each secured creditor,
b) the creditors listed in § 335,
c) the creditors whose claims are not affected by reorganization plan.

(3) claim in a reorganization plan is intact claim whose amount, maturity or its other properties and rights associated with the reorganization plan does not change, or the asset on which the creditor in writing, acknowledged that the reorganization plan is not affected.

(4) receivable reorganization plan is intact and the claim for which the debtor is in default due to loss of benefits agreed installments, if the reorganization plan

a) the maturity of principal plus interest as well as the borrower defaults,
b) do not alter any other rights associated with the claim, except the creditor’s rights associated with the effects of insolvency proceedings or longer delay the cessation of the debtor,
c) provides that all payments of principal and interest that was paid by the debtor prior to the delay in the effective date of the reorganization plan will be paid immediately after the effective date of the reorganization plan.

(5) Justification for and appropriateness of the distribution of various groups of creditors to consider approval of the bankruptcy court reorganization plan.

(6) On a proposal by the promoter of the creditor or bankruptcy reorganization plan the court may decide to include a creditor to another group, do so before approving the reorganization plan. Against its decisions are not permissible remedies.

Part 5

Reorganization plan

(1) The reorganization plan should outline the legal position of the persons authorized as a result of reorganization, based on measures for the recovery of the debtor’s business relationships and arrangements between the debtor and its creditors.

(2) The reorganization plan is submitted to the insolvency court. After his presentation, no person shall report to the reorganization plan of action to develop its acceptance or rejection. The submitter is obliged to refrain from any activities that are contrary to the reorganization plan or otherwise affect its performance.

(3) The reorganization plan may be waived from the provisions of this Act in respect of all the creditors, including secured creditors and creditors, which are members and associates of the debtor claiming a claim arising from their participation in society or in the cooperative management of the estate and liabilities debtor after the bankruptcy proceedings.

(4) Other reorganization process must not be contrary to the reorganization plan, if there is no set way to change it.

(1) Preferential right to appoint a restructuring plan to the debtor, even if a proposal to allow a logged reorganization filed by the lender. It may present simultaneously with a proposal to allow reorganization or within 120 days of the decision to permit the reorganization. This period may be extended upon the motion of insolvency of the debtor reasonably extended by a maximum of 120 days.

(2) Preferential right to appoint a restructuring plan is not to the debtor that the insolvency court announced that it does not intend to submit a reorganization plan.

(3) Preferential right to appoint a reorganization plan has also the debtor, the creditors and resolved at a meeting of creditors. The meeting of creditors, which is pending or approved petition for permission to reorganize, is authorized to adopt such a resolution at all times.

(4) If the debtor prior to the deadline pursuant to paragraph 1 indicates that intend to submit a reorganization plan to bankruptcy court decides on the termination of this period, the authenticity of signatures of people who signed the notice must be officially verified. If it turns out the facts which suggest that the debtor in the compilation of the reorganization plan does not proceed properly, that it proceeds in a way which may frustrate the reorganization, secured creditors, or that pay interest in accordance with § 171, paragraph 4, the bankruptcy court’s own motion, decide to shorten or termination of the period referred to in paragraph 1 It does so usually after hearing the debtor, the insolvency administrator and creditors’ committee.

(5) A bankruptcy court decision under paragraphs 1 and 4, the appeal is admissible.

(6) If the debtor has the right to assemble preferentially reorganization plan or ceases to have this right bankruptcy court decision under paragraph 4 can about who has the preferential right to form a reorganization plan, decide a meeting of creditors. Unless the meeting of creditors under the first sentence, the insolvency court will invite to submit a reorganization plan other persons who petition for permission to submit a reorganization or that it was joined to the provisions of paragraphs 2 and 4 shall apply mutatis mutandis to these persons. The provisions of paragraph 1, the deadline for submission of the reorganization plan and the possibility of extension applies to those persons appropriately.

(1) The reorganization plan includes always

a) the division of creditors into groups, determining how the treatment of claims of creditors in each group,
b) determine how reorganization
c) identification of measures to implement the reorganization plan, particularly in terms of estate management, and identification of persons who can deal with it, including the extent of their rights to dispose of it,
d) an indication of whether to continue the operation of the debtor’s business or its parts, and under what conditions
e) the persons who will participate in financing the reorganization plan, or take on some of the debtor’s obligations, or ensure their compliance, including the determination of the extent to which they are willing to do so,
f) an indication of whether and how the reorganization plan will affect employment in the debtor’s business, and the measures to be undertaken in this direction,
g) an indication of whether and how liabilities to creditors of the borrower will have after the reorganization.

(2) The reorganization plan must also be stated as ensure that the claims in respect of which has not been terminated incidental disputes, and claims linked to conditions precedent, what is the amount determined to meet these claims for each group of creditors who were enrolled in and what is the total amount to the satisfaction of these claims under the reorganization plan.

(3) The reorganization plan must be designed so that the information contained in it faithfully depicted the economic and legal options of the debtor.

(4) The requirements of the reorganization plan, the implementing legislation.

(1) The reorganization can be done mainly through the following measures:

a) restructuring the claims of creditors, consisting in the remission of the debts of the debtor, including their accessories or delay their maturity
b) selling the entire estate or part thereof, or sale of debtor’s business,
c) the issuance to creditors of the debtor’s assets or transfer these assets to a newly formed legal entity in which creditors have a stake,
d) the merger of the borrower – legal entity with another person or transfer its assets to a partner to maintain or change the rights of third parties concede that if the legislation on competition 47),
e) the issuance of shares or other securities of the debtor or a new legal entity referred to in subparagraph c) or d)
f) providing funding for the debtor’s business or part
g) change the founding document or statutes or other documents regulating the internal affairs of the debtor.

(2) The reorganization plan may be applied more of the key measures under paragraph 1, insofar as their nature admits.

(3) For the creditors, whose rights to the reorganization plan interferes with the reorganization plan indicating how much of their debt is reduced or how long it will take defer its payment or enforcement, or what are the other interference with the rights of creditors.

(4) In order to avoid a change in data that are entered in the Commercial Register must be clear of the reorganization plan, what data should be erased from the Register and information to newly registered.

The reorganization plan must be proposed, depending on the type of reorganization accompanied by the following documents:

a) a new version of the founding document or statutes, or other document governing the internal affairs of the debtor, where, under a reorganization plan be changed,
b) a statement of people willing to finance the implementation of the reorganization plan or to assume some of the debtor’s obligations or to ensure, with the extent to which the statement relates; self-declaration must be signed and authenticity of the signature on it officially verified,
c) a statement of the debtor’s spouse, to accept the use of property in the joint property of spouses, if the reorganization plan, according to the assets were used, a declaration must be signed in manuscript and authenticity of the signature on it officially verified,
d) if the debtor has submitted the reorganization plan, the debtor’s declaration – a declaration of a natural person or unlimited liable partners of the debtor – legal person’s willingness to continue operating the company, which provides for the reorganization plan, a declaration must be signed in manuscript and authenticity of the signature on it officially verified,
e) the updated lists of assets and liabilities at the date of the debtor’s reorganization plan, they have a meeting of creditors of the debtor’s business,
f) contract with a suspensive condition of drains on bankruptcy reorganization plan approved by the court,
g) a list and description of major contracts to be performed under a reorganization plan after its approval by the bankruptcy court concluded.

Report on reorganization plan

(1) The submitter reorganization plan processes the message on a reorganization plan, which must contain sufficient information on the draft reorganization plan. This report is a reorganization plan or a summary and evaluation of its impact on creditors.

(2) sufficient information under paragraph 1 means information that the creditor must know certain groups to be able to decide whether to accept the reorganization plan, in particular information about the performance, in which the value of the various groups of creditors to offer. Such information is not information that the submitter may be obtained only with unreasonable difficulty or information about the reorganization plan by persons other than promoters.

(3) Report on a reorganization plan presented to creditors in advance of the meeting of creditors to decide on its adoption, no later than 15 days before the meeting. This report may be published only after it approved the bankruptcy court.

(4) Requirements for reports on the reorganization plan provides for an implementing regulation.

(1) Unless otherwise provided, to discuss the reorganization plan and vote on its adoption is in the creditors’ meeting that is convened for this purpose only. The adoption of a reorganization plan in this case, voted in groups of creditors, provided the reorganization plan.

(2) The debtor and the insolvency administrator the insolvency court summons served on the creditors’ meeting under paragraph 1 into their own hands with the lesson of the necessity of their participation.

(3) The meeting of creditors for consideration and adoption of the bankruptcy court reorganization plan does not call or have already convened a meeting of creditors canceled if outside a meeting of creditors voted on the adoption of any reorganization plan by creditors or grouping considers the reorganization plan under this Act to be adopted without a vote.

(1) The adoption of the reorganization plan, creditors may vote outside a meeting of creditors, even before the application for approval of a reorganization or insolvency before the draft if they had to learn the information that its content and scope consistent with the information that must be contained in the report on the reorganization plan, does not affect the obligation to inform the debtor of which the securities are admitted to trading on a regulated market 18).

(2) Voting results achieved outside of a meeting of creditors will be added to the voting results achieved at the meeting of creditors. If the discrepancy between voting creditors outside of a meeting of creditors and his vote at a meeting of creditors shall be considered a decisive vote at the creditors meeting of creditors, the insolvency court shall immediately inform the creditor.

Voting outside a meeting of creditors

(1) If the creditors They vote on the adoption of the reorganization plan out of a meeting of creditors after the commencement of insolvency proceedings, their voice is taken into account only vote if in writing, by giving explicitly marked as a “ballot paper”, which may contain any other procedural act of which is no doubt how they voted, and which is officially verified the authenticity of their signature, and if it was this submission contains all elements delivered by the insolvency court on the day preceding the meeting of creditors, § 43 of Civil Procedure shall not apply.

(2) If the creditors They vote on the adoption of the reorganization plan out of a meeting of creditors before the commencement of insolvency proceedings, their voice is taken into account only vote if in writing, by giving explicitly marked as a “ballot paper”, which may contain any other legal act of which is no doubt how they voted, and which is officially verified the authenticity of their signature, and if it was this submission contains all elements delivered to the debtor no later than the closing date by the borrower for the purpose stated in writing to known creditors and announced, this can not be less than 15 days.

(3) That the creditor to vote outside a meeting of creditors can not take account of the reasons referred to in paragraphs 1 and 2, the creditor shall promptly notify

a) the insolvency administrator, if the vote after the initiation of insolvency proceedings,
b) the debtor, if the vote before the commencement of insolvency proceedings.

(4) Requirements for down ballot legislation.

(1) If, for the adoption of a reorganization plan, the majority of voters expressed groups of creditors whose claims represent at least half of the total nominal value of claims of creditors voting in this group, true that this group of creditors on a reorganization plan adopted.

(2) In the case of a group of creditors referred to in § 335, is that this group adopted a reorganization plan, if its adoption by a simple majority of members of the debtor, the debtor shall be the aggregate capital share of members of the debtor at the same time a at least two thirds of the capital of the debtor.

(3) If the lender more debt classified into different groups, the vote through any such claims in these groups separately.

(4) Group of creditors whose claims are not affected by reorganization plan, is always considered as a group that has adopted a restructuring plan, the same shall apply to the individual creditors of the group.

(5) If voting creditor has accepted or rejected the reorganization plan as a result of conduct that is contrary to law or bypasses, the insolvency court decides if it has approved the reorganization plan of its own motion and after hearing that the vote of creditors into account. Decide if this vote to accept or reject the reorganization plan, the bankruptcy court will order a new vote on the adoption of a reorganization plan.

(1) Bankruptcy court approves the reorganization plan, if

a) in accordance with this Act and other legislation,
b) if taking into account all the circumstances reasonable to assume that it is not monitored dishonest intent,
c) by each group of creditors, or adopted pursuant to § 347, paragraph 4 shall be deemed a group that adopted it,
d) Each creditor receives in his performance, the total present value is the effective date of the reorganization plan is equal to or higher than the performance, which would probably have received if the debtor’s bankruptcy was dealt with bankruptcy, creditor unless the recipient agrees to lower transactions
e) claims against the estate and assets of equivalent departments have been paid or to be undertaken under the reorganization plan paid immediately after the reorganization plan becomes effective, unless the borrower and the lender agreed otherwise appropriate.

(2) The insolvency court may approve a reorganization plan even if the condition is referred to in paragraph 1 point. c) if the reorganization plan adopted at least one group of creditors, with the exception of creditors referred to in § 335th Will do so provided that the reorganization plan provides equal treatment for each claim found within each group of creditors who did not accept it if it is in relation to any such groups reorganization plan is fair and if taken into account all the circumstances reasonably be expected to approval and implementation of the reorganization plan will not lead to a further decline of the debtor or the liquidation, unless the disposal is anticipated reorganization plan.

(1) The reorganization plan is considered in relation to each group of secured creditors, which he accepted, to be fair, they have, by his creditors to get those groups to ensure their claims the same or similar type of collateral, in the same order, the same or similar property debtor or the debtor’s other assets at least equal value, set the effective date of the reorganization plan and receive benefits, the present value of the effective date of the reorganization plan will ensure at least equal to the value specified in the expert opinion.

(2) Unless otherwise provided, the reorganization plan is considered in relation to each group of unsecured creditors, which he accepted, to be fair, if according to him, each creditor included in such groups to obtain benefits, the present value of the effective date of the reorganization plan not less than the nominal value of its debt with interest determined on the effective date of the reorganization plan, according to him, or if none of the creditors, whose claim is subordinated to such a group, they receive no benefits.

(3) The reorganization plan is considered in relation to each class of creditors referred to in § 335, which he accepted, to be fair, if according to him, each of these lenders to the effective date of the reorganization plan at least to receive such benefits, which he would probably get if after the insolvency proceedings in which the debtor’s bankruptcy was handled bankruptcy, was such a liquidation of the debtor.

(4) The condition referred to in paragraph 3 is satisfied if the reorganization plan on the basis of some groups of unsecured creditors gain performance, the total present value of the effective date of the reorganization plan is at least equal to the total nominal value of all identified creditors’ claims included in this group, including interest, to those claims on the effective date of the reorganization plan.

(1) The decision on the approval of a reorganization plan may appeal only those of the creditors who voted to reject the reorganization plan.

(2) Pending the decision of the bankruptcy court approved reorganization plan, it may withdraw its promoter. In this case, brought by a reorganization plan to be disregarded.

(3) The submitter may reorganization plan until a decision on approval of the reorganization plan reorganization plan to add or change, in which case the creditors vote on a reorganization plan in the form after its completion or change. The meeting of creditors to decide on the reorganization plan, may be held earlier than 15 days after the creditors submitted the text of proposed additions or amendments to the reorganization plan.

(1) If all conditions for approval of a reorganization plan, the bankruptcy court rejects it.

(2) A decision to reject a reorganization plan may appeal the debtor, the promoter of the plan and the creditors who voted for its adoption.

(3) A person whose reorganization plan was rejected, it may be made again, only if it has not expired yet deadline for submission. This period may be justified in bankruptcy court cases before the expiry of the extended decision zamítá reorganization plan.

Section 6

Implementation of reorganization plan

(1) The reorganization plan is effective, once the decision on its approval became final, unless the effectiveness of its reorganization plan until later, or if decided by the bankruptcy court later efficacy.

(2) Decision on the approval of the reorganization plan is binding on all parties to the insolvency proceedings and for other persons whose rights and obligations are affected by reorganization plan.

(3) By effect of the reorganization plan abolishes the prohibition of set-off referred to in § 324 paragraph 3

(1) Since the effectiveness of the reorganization plan is entitled to dispose of the estate of the debtor. That the authorization may be limited in favor of others only a reorganization plan; other restrictions to which the law or by the insolvency court in the current course of insolvency proceedings, effective reorganization plan expire.

(2) Since the effectiveness of the reorganization plan to restore the performance of the General Assembly meeting of members or teams, unless the reorganization plan provides otherwise. The voting rights attached to shares, securities or membership carried out by persons referred to in the reorganization plan under the conditions specified therein, if the reorganization plan such persons are not included or specified conditions are not met, perform the persons to whom these rights belonged to date.

(3) The effectiveness of the reorganization plan is amended constituent document or documents or other statutes regulating the internal affairs of the debtor and the data to be entered in the Commercial Register or another register of legal persons in a manner that is listed in the reorganization plan. These facts are recorded in the Commercial Register under the reorganization plan, which is stored in the collection of documents. The provisions of law which govern the general way the changes recorded facts, apply the same time.

(1) The insolvency administrator shall ensure that the performance of procedural acts related to the effect of the reorganization plan. Debtor authorizing officer shall report on its current activities and perform other tasks necessary to the debtor authorizing officer may exercise their rights.

(2) In the course of the bankruptcy reorganization plan administrator shall exercise supervision over the activities of the debtor. It aims at complementing the list of assets and liabilities as of the registration and management activities of the debtor entitled. The results of their activities regularly, at least once every three months, inform the bankruptcy court and creditors’ committee.

(3) with the Debtor authorizing officer shall inform the insolvency administrator of its legal acts, on the implementation of the reorganization plan and other activities under its reorganization plan. Reports on the current business operations and report on the performance of long-term or recurring activities served cumulatively over time, set out a reorganization plan or by the insolvency court.

(4) If the disposition is limited powers of the debtor, the insolvency administrator performs. If foreseen reorganization plan legal acts that the borrower can make only with the consent of the bankruptcy trustee, these acts are invalid if they were made without such consent. When it concerns the restriction of the rights of the debtor’s disposition of properties registered in the Land Registry, it shall notify the insolvency administrator of the respective land registry office.

(1) The creditor shall supervise the implementation of the reorganization plan with the debtor authorizing officer as provided for in Reorganization Plan and the reports of the insolvency administrator.

(2) The creditor committee may reserve in advance that some of the legal acts that are of critical importance to the debtor authorizing officer made only with its prior consent, even if they are not included in the reorganization plan.

(3) The creditor shall be entitled to the insolvency court to propose measures to eliminate shortcomings discovered in their inspection activities, including measures which lead to the end of the reorganization.

(1) Unless this Act or a reorganization plan provides otherwise, cease its effectiveness rights of creditors against the debtor, even if his claim in the insolvency proceedings themselves known, the creditors of the debtor are considered as listed in the reorganization plan under the conditions for therein, including the extent of their rights.

(2) By effect of the reorganization plan extinguished rights of third parties to property belonging to the estate and the rights arising persons listed in the reorganization plan under the conditions specified therein, unless this Act or the reorganization plan provides otherwise. This also applies to property which, under the reorganization plan has devolved to a person other than the debtor. The right to exclude third party goods or other assets of the estate is not affected.

(3) The rights of creditors against the debtor and guarantors spoludlužníkům reorganization plan remain intact.

(4) To effect the reorganization plan occur, modification or termination of property rights in the assets basically, speeches will be required to include persons acting in the reorganization plan. If a reorganization plan without prejudice to the rights that are entered in the Land Register or to another list under special legislation, those rights shall be the reorganization plan clearly marked.

(1) of the lender’s loan financing adopted by the debtor authorizing officer or liquidator of the reorganization permits to achieve its purpose, the claim against the estate, which is satisfied over all other claims, except for expenses and remuneration of the insolvency administrator.

(2) If the lender from the loan finance person who had a prior right to be granted pursuant to § 41 paragraph 2, has its claim credit financing from the same order as the claims of secured creditors who have their rights under Article 41 § 2 not used. Among the secured creditors of their rights under Article 41 § 2 missed, the lender of the loan financing in proportion, in which the date of providing loan financing to each other value of assets, rights and claims to safeguard claims of secured creditors, set expert opinion.

(3) Claims pursuant to paragraph 1, which, under the reorganization plan should be paid only after the reorganization, and the payment to avoid re-debtor bankruptcy, which occurred within 2 years after the reorganization, have a new insolvency proceedings in the same position as in the main insolvency proceedings .

(1) Issue of securities under an approved reorganization plan is not a public offering of securities.

(2) The person leading dematerialized securities makes changes in the evidence based on an approved reorganization plan, on request by the debtor or other person affected by any such amendment.

Claims that are not meet in insolvency proceedings (§ 170), the adoption of the reorganization plan expire, unless the contractual penalties or the debtor’s property unless the reorganization plan stated. Different treatment of claims under the first sentence in the reorganization plan may involve a reduction to the amount, maturity delay or other interference with the rights of creditors; derogation of these claims must be stated explicitly reorganization plan, with the exact definition of the scope and terms of their satisfaction.

(1) After a reorganization plan can be effective against the debtor and to direct enforcement or execution to recover debts provided for a reorganization plan. However, if the claim denied, or enforcement can result in execution only if the decision of the bankruptcy court to determine that claim, this decision must be attached to the proposal.

(2) Paragraph 1 applies to the enforcement or execution against a third party who has taken on the basis of the reorganization plan, the debtor’s obligation under or next to him.

(1) petitioner reorganization plan may propose an amendment that makes the purpose of reorganization is to be more feasible. The proposal describes the purpose of the changes proposed method of its implementation and impact of changes on different groups of the original lenders and new lenders.

(2) A reorganization plan amendments published insolvency court in the insolvency register and the cost to deliver it to the petitioner particularly original and new lenders. At the same time the creditors, which can reject the amended plan. This period may be shorter than 30 days of receipt of the proposed amendment.

(3) To consider the draft amendments to the reorganization plan ordered bankruptcy court hearing, so to be held within 15 days after the expiry of the period referred to in paragraph 2, but not earlier than the day following the expiry of that period.

(4) To approve the change of the reorganization plan requires approval

a) all groups of the original creditor,
b) most of the new creditors, whose claims under the reorganization plan secured
c) most of the new creditors whose claims under the reorganization plan are not secured, and
d) the majority shareholders of the debtor or other legal persons pursuant to the reorganization plan passed the debtor’s assets.

The provisions of § 347 shall apply mutatis mutandis.

(5) applies to lenders who in the time limit under paragraph 2 or at the hearing pursuant to paragraph 3 have not expressed opposition to the proposed change of plan, agrees with the change.

(6) The amended reorganization plan approved by the bankruptcy court if it was approved by creditors pursuant to paragraph 4 applies, or if it has been approved pursuant to paragraph 5

(7) If the bankruptcy court approved the amended bankruptcy plán remains effective previously approved reorganization plan.

Part 7

Termination of reorganization

(1) Bankruptcy court sets aside the decision on the approval of the reorganization plan within 6 months of its effectiveness if it finds that any creditor was granted special privileges, without other creditors with the same group agreed that the approval or the reorganization plan has been made fraudulently.

(2) Bankruptcy court sets aside the decision on the approval of the reorganization plan within 3 years from its effective if the debtor’s statutory authority or statutory body member convicted for an intentional offense, which amounted to approval of a reorganization plan or significantly shortened the lender.

(3) If the decision to cancel bankruptcy court reorganization plan, creditors can not demand further satisfaction of claims and other rights, which had before its approval. The rights of creditors and third parties based reorganization plan without prejudice, if necessary, take measures bankruptcy court to protect the legitimate interests of creditors.

(1) The insolvency court shall decide on the conversion of reorganization in bankruptcy, if

a) the reorganization proposal was allowed on the debtor and its transformation into an audition for the permit, proposed
b) the authorized person or a person designated by the meeting of creditors have not produced within a specified period after the reorganization plan or the possibility of extending the bankruptcy court or submitted a reorganization plan to take back, and within 30 days thereafter be filed for the convening of a meeting of creditors for the purpose of deciding which other person has a preferential right to form a reorganization plan, or such other person have not produced within a specified period of time or plan of reorganization will take it back,
c) the bankruptcy court approved reorganization plan members and beneficiaries with the deadline for submission,
d) during the implementation of the reorganization plan, the debtor fails to fulfill its material obligations under this plan or if it appears that a substantial part of this plan may not be honored,
e) the debtor does not pay proper and timely interest under § 171, paragraph 4, or to a significant extent not fulfilling its other monetary obligations payable,
f) the debtor after the approval of the reorganization plan went out of business, although under the reorganization plan should take, or
g) the debtor after the approval of the reorganization plan did not pay claims against the estate of a debt built them on an equal footing under § 348 paragraph 1 point. e).

(2) The conversion of reorganization in bankruptcy in the cases referred to in paragraph 1 letter. a) to c) insolvency court will decide without a hearing. Particularly its decision to the debtor, the petitioner reorganization, insolvency administrator and the creditor committee and these persons may appeal against that decision to appeal.

(3) The conversion of reorganization in bankruptcy pursuant to paragraph 1. d) to f) insolvency court will decide after the hearing, which summon all persons referred to in paragraph 2, the following persons to the insolvency court decision delivered separately and can appeal against it.

(4) The conversion of the bankruptcy reorganization in bankruptcy court can not decide if the reorganization plan was fulfilled in important respects.

(5) By converting the bankruptcy court reorganization in bankruptcy, the effects related to bankruptcy if the bankruptcy court in its decision unless the terms of this conversion differently. This decision also removed the ban on set-off referred to in § 324 paragraph 3

(1) In the course of the bankruptcy court reorganization plan takes note of the report or discuss the insolvency administrator and creditors’ committee on its implementation. Other measures, especially measures to ensure compliance with the reorganization plan, carried out only if they are proposed.

(2) Compliance with the reorganization plan or a substantial part of the bankruptcy court takes note of the decision, which ends with the reorganization; against this decision no appeal is allowed.

(3) After a reorganization bankruptcy court decides on the remuneration of the insolvency administrator and its costs.

TITLE III

SPECIAL PROVISIONS OF EXCLUSION

EFFECTS OF THE ACT

(1) The provisions of this Act shall not affect the validity, effectiveness or enforceability of the obligations of a debtor who is a participant in a payment system participant or settlement finality international payment system with the finality of settlement, as provided by law governing payments.

(2) The provisions of this Act shall not affect the validity, effectiveness or enforceability of the obligations of a debtor who is a participant in a settlement with the finality of settlement or settlement system participant in the foreign settlement with finality, as provided by law governing the Capital Market.

(1) The provisions of this Act shall not affect the right to ensure that the borrower has provided, in the case of

a) the security given by the Czech National Bank, the European Central Bank, central bank of a Member State of the Union or central bank státu belonging to the European Economic Area,
b) financial provision under the Act regulating the financial backing or a comparable foreign law where the financial collateral has been agreed and established prior to commencement of insolvency proceedings, even if the financial collateral has been agreed or established on the date of commencement of insolvency proceedings, but only after this has occurred, unless the recipient of financial collateral on such information knew or should and could know, the fact that the opening of insolvency proceedings was published in the insolvency register itself does not mean that the opening of insolvency proceedings of financial collateral recipient knew or should and could know.

(2) The provisions of this Act shall not affect the final settlement under the law governing the Capital Market 50), if the final settlement was concluded before the commencement of insolvency proceedings.

(3) Paragraph 1 point. d) and paragraph 2 shall be without prejudice to the provisions of this Act on invalidity and unenforceability of legal acts legal action without adequate consideration of legal acts intentionally shortening, favoring legal acts and legal acts of the debtor made in accordance with the restrictions laid down as a result of effects associated with the initiation of insolvency proceedings .

TITLE IV

DECLINE OF FINANCIAL INSTITUTIONS

Part 1

The decline of banks, credit unions and some foreign banks

Section 1

General Provisions

(1) The provisions of this part is implementing the relevant regulations of the European Communities, 51) and used to decline

a) banks and savings and credit cooperatives after the lapse of a license or permit under special legislation governing their activities,
b) foreign banks doing business in the Czech Republic under a single license under a special legal regulation 52),
c) branches of foreign banks other than those referred to in b).

(2) A person referred to in paragraph 1 letter. b) is insolvent if it is done

a) the collective proceedings opened and monitored by the administrative or judicial authorities of a Member State of the European Union or another state of the European Economic Area, the aim of realizing assets under the supervision or the supervision of these authorities, including where the proceedings are terminated by the debt or other analogous measure,
b) measures designed to preserve or restore the financial situation of a person and which may affect the existing rights of third parties, including measures involving a suspension of payments, suspension of enforcement of claims, postponing measures of enforcement or execution or reduction of claims.

(3) The procedure under this part shall apply, unless otherwise specified and if the decline of parties pursuant to paragraph 1. a) and c) whether the provisions of other parts of the Act and the provisions of Part Two of the other heads of law, except for the provisions governing the moratorium, reorganization and debt relief.

Section 2

The decline of banks, savings and credit cooperatives after withdrawal of the license or permit

and decay branches of foreign banks listed in § 367 paragraph 1 point. c)

Insolvency petition

(1) Insolvency petition submitted by bodies which are entitled to exercise control or supervision over the activities of persons listed in § 367, paragraph 1 (hereinafter referred to as “supervisory authority or supervision”). This does not affect the provisions of § 97th The draft supervisory authority or supervision indicating a decisive factor, which certify the debtor’s bankruptcy, and the draft document attached to substantiate their claims.

(2) Advance payment of costs of insolvency proceedings, the supervisory authority or control does not.

(3) The decline of banks, savings and credit cooperatives and the decline of foreign bank branch specified in § 367 paragraph 1 point. c) can only be addressed by the bankruptcy.

(1) Insolvency proceedings shall not affect the substantive rights of creditors or third parties in respect of tangible or intangible, movable or immovable property belonging to the debtor, including files of indefinite assets, whose composition changes over time, which is when the decision to decline within the territory another EU member state or another state of the European Economic Area, in particular, without prejudice

a) the right to monetize assets or have them cashed in and satisfaction from the proceeds of or income from those assets, in particular the lien
b) the exclusive right to performance, especially in ensuring the lien claim or by assignment of the claim,
c) the right to demand the assets or compensation from anyone who holds the asset or used against the will of the authorized person
d) The right to enjoy the fruits.

(2) Insolvency proceedings

a) does not affect the rights of Seller arising from the reservation of rights against the debtor as a buyer at the time when the bankruptcy estate, which the reservation relates, is situated on the territory of another EU member state or the state of the European Economic Area,
b) does not justify withdrawal from the purchase agreement where the borrower is the seller and the goods have been delivered to the buyer, or to end a contract of sale and shall not prevent the purchaser from acquiring title where at the time of the declaration of bankruptcy, which is to be sold , located on the territory of another EU member state or another state of the European Economic Area,
c) does not affect the right of creditors to demand set-off claim against the debtor, if the offsetting permitted by the law governing the debtor’s assets.

(3) Paragraph 1 shall not prejudice the right of creditors for reasons of damaging action of the invalidity or unenforceability of legal acts contradict the law or legal act.

(4) For purposes of paragraph 1 shall be considered a right in rem recorded in a public right list under special legislation attests the existence of this law, and enforceable against third parties.

Informing supervisors or supervisors and the public

(1) The insolvency court by the supervisory authority or oversight inform the decision on bankruptcy and bankruptcy of the assets of the bank or savings and credit union supervisory authority or supervision in states where the debtor carries out its activities under a single license under a special legal regulation 53 ), prior to publication of the decision on bankruptcy and insolvency in the bankruptcy register, and if possible, immediately afterwards. The information must include a notice of possible consequences of decisions on bankruptcy and bankruptcy. The insolvency administrator shall without undue delay disclosure of the essential parts of the decision on bankruptcy and bankruptcy (the “lift”) in the Official Journal of the European Union and at least two national newspapers in each State in which the borrower or entrepreneur carries out its activities through a branch or under a single license under a special legal regulation 51).

(2) Elevator contains

a) the debtor information necessary to identify,
b) information that the bankruptcy court under Czech law, the bankruptcy debtor and declared bankruptcy on the debtor’s assets
c) the date of the decision on bankruptcy and bankruptcy,
d) in the event of a bank or savings and credit co-operative information about the claims of creditors arising from the accounts of the debtor shall be deemed filed, as lenders will be individually informed within 60 days of bankruptcy, and information about the possibility of the procedure under § 373, paragraph 4 and 5, including the deadlines and the date on which the time limit expire
e) designation of the seat of the insolvency court
f) an indication of the insolvency administrator the information necessary to identify it.

(3) The lift must be purchased in the Czech language and must be accompanied by texts “Invitation to lodge a claim.” and “Invitation to submit objections regarding the claim.” translated into all official languages of the European Union and other states of the European Economic Area.

(4) The effects of a moratorium, bankruptcy decision or decision on how the bankruptcy, including the effects on the rights and obligations of third parties will occur regardless of compliance with reporting obligations under paragraphs 1 to 3 in all states of the European Union and European Economic Area from time which occurred in the Czech Republic.

(5) The insolvency court that issued the decision on bankruptcy and bankruptcy of the assets of a foreign bank branch specified in § 367 paragraph 1 point. c) inform the competent authority through the supervision or oversight of such decisions supervisors or supervisors in the EU Member States and other countries forming the European Economic Area in which the debtor has an establishment, and before publication of the decision in the Insolvency Register, and is not If possible, as soon as this information includes a warning of the possible consequences of the decision made.

a) a decision on bankruptcy and bankruptcy of the assets of a foreign bank branch specified in § 367 paragraph 1 point. f);
b) declared a moratorium on the issuing of the bankruptcy or the decision on how the bankruptcy, a person with registered office or place of business in the Czech Republic or outside the Member States of the European Union and European Economic Area authorized to issue electronic money under a license under a special law to inform by the supervisory authority or oversight of such decisions supervisors or supervisors in the EU Member States and other countries forming the European Economic Area in which the debtor has a branch, before publication of the decision in the insolvency register, and if possible, immediately then, this information includes a warning of the possible consequences of the decision made.

(6) The insolvency court and the bankruptcy trustee seeking to coordinate with the competent authorities in EU Member States and other countries forming the European Economic Area in which the debtor has a branch.

(7) The supervisory authority or oversight by the bankruptcy trustee is entitled to request information relating to the insolvency proceedings.

Report on the insolvency proceedings

The insolvency administrator shall periodically, but at least annually, publish a report to the appropriate creditors and the public on the progress of the insolvency proceedings. The report must be approved by the creditors committee.

Insolvency Administrator

(1) The insolvency administrator with the consent of the insolvency court to appoint a person to represent him in the exercise of powers under this Act in the territory of another Member State of the European Union and European Economic Area.

(2) The insolvency administrator shall exercise its powers under this Act in the territory of other Member States of the European Union and other states of the European Economic Area, except for the use of coercive means or other use of force and powers of the binding disputes or other proceedings to which the courts, administrative authorities or other authorities of that State. The same applies mutatis mutandis to a person under paragraph 1

(3) The insolvency administrator shall carry a certified copy of the provision with its translation into the official language of the State, when required, if possible, exercise its powers under this Act in the territory of third countries.

(4) In exercising his powers to the territory of the Member States of the European Union and other states of the European Economic Space, the bankruptcy trustee governed by the laws of the State, particularly regarding the procedures for the sale of property and the provision of information to employees.

(5) If the law of the State or if it is necessary to successfully promote the rights of creditors, the liquidator shall ask the details of the bankruptcy decision or decision on how the decline was registered in the Land, in the Commercial Register or in other public list or register. The cost of registration are a claim against the estate.

Determining assets and liabilities of the debtor’s accounting

(1) Claims by creditors of the debtor shown in the accounts are deemed to be registered under this Act. Lodge a claim at the moment is a declaration of bankruptcy.

(2) The insolvency administrator is obliged without undue delay and no later than 60 days from the date of bankruptcy, each creditor to send a notice under paragraph stating

a) that the property of the person referred to in paragraph 1 has been declared bankrupt,
b) the amount of the claim of the creditor for that person, the fact that in this amount, the claim shall be for check and, if the nature of his claims, particularly whether the creditor with a claim against the estate of (§ 168), a creditor with a claim on a par built a claim against the estate of (§ 169), a creditor with a claim to the right to ensure the satisfaction of, a creditor with a claim otherwise secured, creditors with subordinated claims (§ 172 paragraph 2) or whether the claim is associated with the subject property subject to the fulfillment of the commitment relationship; do not include the amount of the claim is the creditor’s claim for compensation for an insured from Deposit Insurance Fund, the Guarantee Fund of securities, collateralized fund credit unions under special legislation or by other persons performing similar purpose, the amount of the creditor’s claim against these persons However, the notification must be obvious, even if the payment of compensation already occurred,
c) how, at what time and who may be appealed against the amount of the claim, what are the consequences of such lapse of this period, and information about the procedure in case of failure to agree on the amount or nature of the claim,
d) the place and date of meeting of creditors
e) the manner in which creditors will be further informed
f) any other measures.

(4) A creditor who does not agree with the amount of claim or the nature of the claim specified in the notice referred to in paragraph 2 may be against it within a period of four months from the date of declaration of bankruptcy filed with the bankruptcy trustee in writing; fails to do so, the data indicated notification agrees. Within a period of three months from the date of publication of extracts from the decision to declare bankruptcy in the Official Journal of the European Union, the creditor may invoke the defense that he had not been served with a notice under paragraph 2 The objection shall state the amount of their claims against the debtor on the date of declaration of bankruptcy of the debtor’s assets. The objection shall document certified true copies of any documents that certify the amount alleged in the complaint, the date and nature of the claim, especially if it is a claim against the estate of (§ 168), a claim the assimilated claim against the estate of (§ 169) a claim with law to ensure the satisfaction of, or secured claim, or whether it is a subordinate claim (§ 172 paragraph 2), as well as any retention of title.

(5) A creditor who has a registered office, central, domicile or the place where they usually reside in a Member State of the European Union or another State of the European Economic Area may submit an objection under paragraph 4 in the official language of the state. In the case of the first sentence of paragraph 4 of the objection must be provided with the heading “submission of objections to claims” in Czech. In the case referred to in the second sentence of paragraph 4 must be accompanied by an objection heading “Lodgement of claim” in Czech. If the contents of his apparent objections, the bankruptcy trustee to account, even if it is equipped with a header. The objection raised not later insolvency administrator account, unless it is clear that the objection was timely delivered to the authority had a duty to serve it. The insolvency administrator may require creditor objections to a translation into Czech.

(6) The lender, which filed an objection under paragraph 4 and which is within 2 months after the expiry of the period referred to in paragraph 4 agreed with the receiver in writing of the amount or nature of their claims, may exercise its right of action for a declaration of bankruptcy court within 3 months after deadline for written agreement, it is an incidental dispute. If no action within that period, the insolvency court, the claim is beyond the accounting information contained in the debtor’s account.

(7) If the bankruptcy court granted the application for a determination under paragraph 6, the insolvency administrator shall pay to the estate an amount equivalent to the cost of the dispute, which it was paid, he fails to do so voluntarily, you may fulfill this obligation to seek any action from creditors. Obligations under the first sentence is released from bankruptcy trustee if it proves that the actual amount or nature of the claim and did not know when or professional care could not know.

(8) The deposit insurance fund, hedge funds and credit unions Guarantee Fund of the securities are viewed as a creditor of the debtor filed a claim in an amount determined by special legislation. For logged creditor shall also be deemed a foreign person who provided the debtor náhradu receivables arising from deposit insurance or a similar client assets under the law of European Union member state or another state of the European Economic Area and for this reason that the claim was transferred.

repealed by Law No. 139/2011 Coll.

Mortgage nature

(1) If the debtor bank, which was revoked licenses, assets used to cover mortgage bonds under a special law constitutes the essence of a mortgage.

(2) The proceeds of liquidation of the mortgage at any time to satisfy the nature of costs associated with managing and mortgage zpeněžováním nature and after the liquidation of the claim holders of mortgage bonds. If that remains after satisfaction of such claims part of the proceeds of liquidation of mortgage essence, the schedule for the other claims. Where there is insufficient realization of the mortgage proceeds nature to satisfy the claims of owners of mortgage bonds in full, will satisfy these claims fairly. Unsatisfied portion of such claims when the schedule will be among other claims.

The judicial or administrative authority of the European Union or another state of the European Economic Area in which the bank or savings and loan association carries out its activities, it may take action under § 367, paragraph 2, point. b) only with the effects on its territory.

Section 3

The decline of foreign banks doing business in the Czech Republic under a single license

Take action under § 367, paragraph 2, the only competent authority of the State of the European Union or another state of the European Economic Area in which the foreign bank has received authorization under which carries out its activities in the Czech Republic. Effects of measures, including the effects on the rights and obligations of third parties are recognized from the time entered into force in the State in which the measure is taken, regardless of any information on the fulfillment of obligations.

(1) A person carrying out actions under § 367, paragraph 2 and any of its representatives (hereinafter referred to as “foreign insolvency administrator”) demonstrates its readiness to provide a certified copy of the provisions issued by a competent judicial or administrative authority of a Member State of the European Union or another state of the European Economic space. Higher copy verification is not required, but you can request its translation into Czech.

(2) foreign insolvency administrator is entitled to exercise its powers under the laws of the State in which they were appointed; exercise of these powers in the Czech Republic may not involve the use of coercive means or other use of force and binding power to decide disputes or other proceedings to which the relevant courts, administrative authorities or other bodies of the Czech Republic. In accordance with the law is a foreign insolvency administrator is entitled in proceedings under this Act, appoint persons to assist him or represent.

(3) In exercising its powers in the Czech Republic with a foreign insolvency administrator governed by the laws of the Czech Republic, especially concerning the procedures for the sale of property, duties, land registration, the trade register or other public list or register, and providing information to employees.

(4) foreign insolvency administrator or any administrative or judicial authority of a Member State pursuant to § 377 may request the details of the bankruptcy decision or decision on how the decline was registered in the Land, in the commercial register or other public list or register. The cost of registration are a claim against the estate.

Part 2

The decline of domestic insurers and reinsurers operating

its activities in the Czech Republic

Section 1

General Provisions

(1) The provisions of this part is implementing the relevant regulations of the European Communities, 54) and used to decline

a) domestic insurance companies and domestic reinsurance, after having been withdrawn in accordance with special regulations governing their activities,
b) insurance subsidiaries of a third country, after having been withdrawn under a special legal regulation 55);
c) an insurance branch in another EU Member State carrying on business in the Czech Republic on the basis of their right to establish branches in the extent to which it is authorized to carry on insurance business in the State of residence 56).

(2) A person referred to in paragraph 1 letter. c) is insolvent if it is done

a) the collective proceedings involving the sale of property insurance and the distribution of proceeds among the creditors, shareholders or members, inevitably involving any intervention by administrative or judicial authorities of the Member State of the European Union or another state of the European Economic Area, including where the collective proceedings complete discharge of debts or other analogous measure, regardless of whether or not due to insolvency or are voluntary or mandatory,
b) measures involving any intervention by administrative or judicial authorities of the Member State of the European Union or another state of the European Economic Area, whose purpose is to preserve or restore the financial situation of a person and which may affect the existing rights of third parties, including measures involving the possibility of a suspension payments, suspension of enforcement of claims, postponing measures of enforcement or execution or reduction of claims.

(3) The procedure under this part shall apply, unless otherwise stated, the provisions of other parts of the Act, in case of bankruptcy of persons pursuant to paragraph 1. a) b), then except for the provisions governing the moratorium, reorganization and debt relief.

Section 2

The decline of domestic insurance or reinsurance undertakings and branches of domestic

insurance from a third country after the withdrawal

(1) The insolvency proposal related to the persons mentioned in § 379 paragraph 1 point. a) b) gives the supervisory authority that grants permission to operate a business under a special legal regulation 57) (hereinafter “supervisor”). This does not affect the provisions of § 97th The supervisory authority shall draft a decisive factor, which certify the debtor’s bankruptcy, and the draft document attached to substantiate their claims.

(2) Advance payment of costs of insolvency proceedings does not require the supervisory authority.

a) the right to monetize assets or have them cashed in and satisfaction from the proceeds of or income from those assets, in particular the lien
b) the exclusive right to performance, especially in ensuring the lien claim or by assignment of the claim,
c) the right to demand the assets or compensation from anyone who holds the asset or used against the will of the authorized person
d) The right to enjoy the fruits.

(2) Insolvency proceedings

a) does not affect the rights of Seller arising from the reservation of rights against the debtor as a buyer at the time when the bankruptcy estate, which the reservation relates, is situated on the territory of another EU member state or the state of the European Economic Area,
b) does not justify withdrawal from the purchase agreement where the borrower is the seller and the goods have been delivered to the buyer, or to end a contract of sale and shall not prevent the purchaser from acquiring title where at the time of the bankruptcy estate that is sold, located on the territory of another EU member state or another state of the European Economic Area,
c) does not affect the right of creditors to demand set-off claim against the debtor, if the offsetting permitted by the law governing the debtor’s assets.

(3) Paragraph 1 shall not prejudice the right of creditors for reasons of damaging action of the invalidity or unenforceability of legal acts contradict the law or legal act.

(4) For purposes of paragraph 1 shall be considered a right in rem right registered in a public register and enforceable against third parties.

Information to the supervisory authority and the public

(1) The insolvency court by the supervisory authority informs the decision about bankruptcy and bankruptcy on the property of the person referred to in § 379 paragraph 1 point. a) the supervisory authorities of all Member States of the European Union and other countries of the European Economic Area, prior to publication of the decision on bankruptcy and insolvency in the bankruptcy register, and if possible, immediately afterwards. The information must include a notice of possible consequences of decisions on bankruptcy and bankruptcy.

(2) The insolvency administrator shall without undue delay publication of an extract from the decision on bankruptcy and bankruptcy in the Official Journal of the European Union. Elevator is published in Czech.

(3) Elevator contains

a) the debtor information necessary to identify,
b) information that the bankruptcy court under Czech law, the bankruptcy debtor and declared bankruptcy on the debtor’s assets
c) the date of the decision on bankruptcy and bankruptcy,
d) identification of the registered office of the insolvency court
e) identification of the insolvency administrator the information necessary to identify it.

(4) The insolvency court by the supervisory authority informs the decision about bankruptcy and bankruptcy on the property insurance branch of third-country supervisory authorities of all EU member states and all states of the European Economic Area, prior to publication of the decision on bankruptcy and bankruptcy in the insolvency register, and if possible, immediately afterwards. Information includes notice of the possible consequences of decisions on bankruptcy and bankruptcy. Insolvency court, insolvency administrator and supervisor, to coordinate its activities with the competent authorities in other EU Member States and other countries forming the European Economic Area in which the insurer from a third country branch.

(5) The supervisory authority is authorized by the insolvency administrator to request information relating to insolvency proceedings.

Report on the insolvency proceedings

(1) The insolvency administrator shall periodically, but at least annually, publish a report to the appropriate creditors and the public on the progress of the insolvency proceedings. The report must be approved by the creditors committee.

(2) The supervisory authority is obliged to provide on request information about how insolvency proceedings brought by the insolvency administrator, the supervisory authority of another EU member state or the state of the European Economic Area.

Insolvency Administrator

(1) The insolvency administrator with the consent of the insolvency court to appoint a person to represent him in the exercise of powers under this Act in the territory of another state.

(2) The insolvency administrator shall exercise its powers under this Act in the territory of other Member States of the European Union and other states of the European Economic Area, except for the use of coercive means or other use of force and powers of the binding disputes or other proceedings to which the courts or administrative authorities of the State. The same applies mutatis mutandis to a person under paragraph 1

(4) In exercising his powers to the territory of the Member States of the European Union and other states of the European Economic Area insolvency administrator observes the law of the State, particularly regarding the procedures for the sale of property and the provision of information to employees.

(5) If the law of the State provides or if it is necessary to successfully promote the rights of creditors, the liquidator shall ask the details of the bankruptcy decision or the decision of the bankruptcy order was entered in the real estate business in or register in other public list or register. Costs of registration are claim against the estate.

Determining assets and liabilities of the debtor’s accounting

(1) Claims by creditors of the debtor shown in the accounts are deemed to be registered under this Act. Lodge a claim at the moment is a declaration of bankruptcy.

(2) The insolvency administrator is obliged without undue delay and no later than 60 days from the date of bankruptcy, each creditor to send a notice under paragraph stating

a) that the assets of persons listed in § 379 paragraph 1 point. a) or b) been declared bankrupt,
b) the amount of the claim of the creditor for that person, the fact that in this amount, the claim shall be for check and, if the nature of his claims, particularly whether the creditor with a claim against the estate of (§ 168), a creditor with a claim on a par built a claim against the estate of (§ 169), a creditor with a claim to the right to ensure the satisfaction of, a creditor with a claim otherwise secured, creditors with subordinated claims (§ 172 paragraph 2) or whether the claim is associated with the subject property subject to the fulfillment of the commitment relationship
c) how, at what time and who may be appealed against the amount of the claim, what are the consequences of such lapse of this period, and information about the procedure in case of failure to agree on the amount or nature of the claim,
d) In the case of insurance claims effects of insolvency proceedings on the insurance contract, under which the claim arose, particularly effective date of termination of an insurance contract, including rights and obligations of the insured person or persons insured under that contract
e) the place and date of meeting of creditors
f) the manner in which creditors will be further informed
g) any other measures.

(3) Creditors who have their registered office, headquarters, address or usually reside in a Member State of the European Union or another State of the European Economic Area, bankruptcy trustee sends notice under paragraph 2 in the Czech language, which bears the heading “Invitation to submit objections regarding the claim. ” translated into all official languages of the European Union and other states of the European Economic Area. If it is not about an insurance claim, the bankruptcy trustee to send notice to the creditor under paragraph 2 in the official language or one of the official languages of the European Union member state or states of the European Economic Area, which the creditor has registered or head office, residence or place usually resides.

(4) A creditor who does not agree with the amount of claim or the nature of the claim specified in the notice referred to in paragraph 2 may be against it within a period of four months from the date of declaration of bankruptcy filed with the bankruptcy trustee in writing; fails to do so, the data indicated notification agrees. Within a period of three months from the date of publication of extracts from the decision to declare bankruptcy in the Official Journal of the European Union, the creditor may invoke the defense that he had not been served with a notice under paragraph 2 The objection shall state the amount of their claims against the person referred to in § 379 paragraph 1 point. a) or b) the date of declaration of bankruptcy on the person. The objection shall document certified true copies of any documents that certify the amount alleged in the complaint, the date and nature of the claim, especially if it is a claim against the estate of (§ 168), a claim the assimilated claim against the estate of (§ 169) a claim with law to ensure the satisfaction of, or otherwise secured claim if it is a subordinate claim (§ 172 paragraph 2), as well as any retention of title. In the case of a claim under § 386 does not have an indication of the preferred creditor in satisfaction of placing the order.

Specific provisions on the timetable

Insurance claims take precedence over any other claims against the debtor, with the exception of cash expenses and remuneration of the insolvency administrator and reimbursement of necessary expenses and remuneration of the liquidator for the work undertaken following the decision to decline.

Section 3

Decline insurance company from another Member State and pursuing their

activity in the Czech Republic on the basis of the right to establish

branches

The measures according to § 379 paragraph 2 can only accept a competent authority of the State in which the person referred to in § 379 paragraph 1 point. c) has received authorization under which it operates in the Czech Republic. Effects of measures, including effects on the rights and obligations of third parties are recognized from the time entered into force in the State in which the action was taken.

(1) A person carrying out the measures referred to in § 379 paragraph 2 and any of its representatives (hereinafter referred to as “foreign liquidator of an insurance or reinsurance”) demonstrates its readiness to provide a certified copy of the provisions issued by a competent judicial or administrative body of European Union member state or another state the European Economic Area in which it was granted a license or authorization, under which the insurance company from another Member State carries on its activity in the Czech Republic. Higher copy verification is not required, but you can request its translation into Czech.

(2) Foreign liquidator of the undertaking is entitled to exercise its powers under the laws of the State in which they were appointed; exercise of these powers in the Czech Republic may not involve the use of coercive means or other use of force and binding power to decide disputes or other proceedings to which are relevant courts or administrative authorities of the Czech Republic. In accordance with the law is a foreign liquidator of an insurance or reinsurance undertaking authorized in the proceedings under this Act, appoint persons to assist him or represent.

(3) In exercising its powers in the Czech Republic with a foreign liquidator of an insurance or reinsurance undertakings governed by the laws of the Czech Republic, especially concerning the procedures for the sale of property, duties, land registration, the trade register or other public list or register, and the provision of information staff.

(4) foreign insolvency administrator of the undertaking or any administrative or judicial authority of the European Union or another state of the European Economic Area in which it was issued a license or permit may request the details of the bankruptcy decision or the decision on how the bankruptcy was entered in the land, in the commercial register or other public list or register. The cost of registration are a claim against the estate.

TITLE V

Debt Relief

(1) The debtor insolvency court may propose that the insolvency or bankruptcy of his impending deal with debt relief, in the case of

a) legal entities, which by law is not considered an entrepreneur and currently does not have debts of the business, or
b) a natural person who has debts of the business.

(2) does not prevent the debt from business solutions debtor’s insolvency or impending bankruptcy debt relief, if

a) with the consent of the creditor whose claim goes, or
b) it is the claim of the creditor, which remained unsatisfied after the insolvency proceedings in which the bankruptcy court annulled the bankruptcy of the debtor’s assets pursuant to § 308 paragraph 1 point. c) or d), or
c) case of a receivable secured creditor.

(3) person other than the debtor is not entitled to petition for permission to file a discharge of debts.

(1) A permit to discharge the debtor must file with the bankruptcy proposal. Where a person other insolvency petition, may petition for permission to discharge filed within 30 days of receipt of an insolvency petition debtor, the debtor must be given on receipt of an insolvency petition advised.

(2) By submitting an application for approval of debt relief without prejudice to the effects associated with the regulation preliminary injunction bankruptcy court.

(3) The application for discharge permit filed late or someone authorized to do so, bankruptcy court rejects the decision, which delivers the debtor, the person who filed such a request, the insolvency administrator and the creditor committee. The appeal may be made only by the person who filed such a proposal.

(1) A permit to discharge, in addition to general requirements for filing 20) contain

a) the debtor and the authorized person for him to act
b) information about the debtor’s expected revenue in next 5 years
c) the debtor’s income for the last 3 years
d) the proposed method of discharge, or a statement that the debtor does not raise such a proposal.

(2) A debtor who proposes to discharge performance of rescheduling, the application for approval of debt relief bankruptcy court to ask a law setting lower than for the monthly installments. In this case, the application for approval of debt relief also indicate the amount of proposed monthly payments or how they identify and explain the reasons which led to its decline. The provisions of § 395 is not affected.

(3) Application for discharge permits may only be submitted on the form, particulars of form, the implementing regulation. Department on a form published in a manner allowing remote access, this service shall not be charged.

(1) The application for approval of debt relief, the debtor must attach

a) a list of assets and liabilities list, or statement of changes which have since been compared with the lists, which insolvency proceedings have previously submitted,
b) documents evidencing the debtor’s income data for the last 3 years
c) the written consent of unsecured creditors, which is on the borrower agreed with the fact that the value of transactions in which debt relief received is less than 30% of its assets.

(2) The written consent of the creditor pursuant to paragraph 1. c) There shall be, what will be the lowest value of the transaction which is agreed with the borrower.

(3) Unless stipulated otherwise, the debtor spouse’s signature on the petition for debt relief is required. If there are people willing to allow the debtor to fulfill the debt relief donation or him for the duration of deleveraging pay regular cash benefits, attach the debtor to petition for debt relief and a written gift agreement or agreement on retirement signatures of those persons on contracts must be officially verified.

(4) The designation of persons in the petition for debt relief and the lists attached to it apply § 103 paragraph 1 similarly.

(1) Unless the petition for permission to discharge all the requirements or is incomprehensible or vague, bankruptcy court order to ask the person who made it to its correct or complete within a specified period of not longer than 7 days. At the same time she learns how to make correction or completion.

(2) Under paragraph 1 of the insolvency court shall proceed even if there are no application for approval of debt relief required by law attached Annex or does not contain the particulars set out in Annex.

(3) The proposal to permit bankruptcy court refuses to discharge, unless the call through its duly supplemented and control of him for this deficiency can not continue, or if not him, despite his invitation attached annexes required by law or does not contain these attachments through his challenge specified requirements.

(1) A permit to discharge the debtor may be withdrawn until the bankruptcy court decides on the approval of debt relief.

(2) Withdrawal of application for approval of debt relief bankruptcy court takes note of the decision which shall be delivered to the person in the proposal filed, debtor, the insolvency administrator and the creditor committee, appeal against it is not permissible.

(3) If the debtor took the proposal to allow discharge back, can not make it again.

(4) If a petition for permission to discharge withdrawn only after approval has been decided to debt relief, bankruptcy court determines that withdrawal is not effective, the decision against which no appeal is admissible, shall be delivered to the person in the proposal filed, debtor, insolvency administrator and the creditor committee.

394A

The joint proposal to permit spouses debt relief

(1) Spouses, each of which separately is a person entitled to file a discharge of debts, this proposal may be filed jointly. To assess whether the person authorized to submit a joint proposal to permit spouses debt relief, it is decisive whether the spouses at the time when such a request comes to the insolvency court.

(2) Joint Proposal for spouses to permit debt relief must contain an express statement of both spouses to agree to all their property for the purpose of approval of debt relief monetization of assets considered assets in the common property of spouses, both spouses’ signatures on this statement must be officially verified.

(3) The couple, who filed a joint petition for permission to debt relief, have for the duration of the insolvency proceedings on this proposal and for the duration of the effects of debt relief position inseparable companions and are considered one of the borrower.

The decision on the application for discharge permit

(1) The insolvency court rejects the application for discharge permits, if taking into account all the circumstances can reasonably be expected

a) it is observed that dishonest intent, or
b) the value of the transaction, which if received debt relief unsecured creditors will be less than 30% of their claims, unless such creditors agree to lower performance.

(2) The insolvency court rejects proposal to allow debt relief even if the current management results demonstrate reckless or negligent approach to meet the obligations of the debtor in insolvency proceedings.

(3) A decision to reject an application for approval of debt relief is delivered to the debtor, the person who filed the proposal, the insolvency administrator and the creditors’ committee. An appeal may be filed against him by the person who filed the draft.

If the bankruptcy court petition for permission to discharge declines, taking note of his withdrawal or rejects it, decide together how to resolve a bankruptcy debtor’s insolvency.

(1) If the withdrawal of the petition for debt relief or to its rejection or refusal, the insolvency court shall authorize the discharge of debts. In case of doubt whether a debtor is entitled to file a debt relief, debt relief insolvency court shall permit and will explore this question in the course of the creditors’ meeting convened to discuss how debt relief and vote on its adoption. Bankruptcy court will not allow debt relief until the debtor shall submit a list of his assets and liabilities list. The decision authorizing debt relief is delivered to the debtor, the insolvency administrator and the creditors’ committee. Appeals against him is not permissible.

(2) The insolvency court may permit a decision on debt relief and motion to amend its preliminary measures.

397A

During the debt relief shall apply mutatis mutandis the provisions of § 253 to 260 Rights payable under these provisions insolvency administrator, the insolvency administrator continue to perform.

(1) Debt relief can be zpeněžením estate or the performance of rescheduling.

(2) A debt relief monetization of assets, a similar procedure under the terms of the realization of assets in bankruptcy and liquidation of assets in debt relief has the same effects as the realization of assets in bankruptcy. Unless specified otherwise in this method of debt relief to assets do not include property acquired by the debtor during the insolvency proceedings after effects occurred approval of debt relief.

(3) The performance of rescheduling debts the borrower is obligated for 5 years of monthly pay unsecured creditors the amount of their income to the same extent of which may be in the enforcement or execution of preferential claims meet the 29). This allocates the amount of the debtor by the insolvency administrator of unsecured creditors in proportion to their claims in the manner specified in the insolvency court decision on the approval of debt relief. Secured creditor is satisfied only from the proceeds of liquidation of collateral, in this realization of a similar procedure under the provisions of the collateral in liquidation bankruptcy.

(4) A debtor who made the request in the application for approval of debt relief, bankruptcy court may determine a different amount of monthly installments. Shall do so only if it can be taken into account all the circumstances reasonably be expected to value performance, which receives the discharge unsecured creditors, will be equal to or greater than 50% of their claims, or is equal to or greater than the value of the transactions to which these lenders agreed with the debtor. It shall take into account the reasons which led to the debtor’s bankruptcy, to the total amount of debtors’ obligations to current and expected income of the debtor, to measure a borrower is to maintain and increase their incomes and reduce their liabilities, creditors and recommendations. Debtor proposed a different amount of monthly installments are not bound by the bankruptcy court. The bankruptcy court late submissions into account.

(1) Unless stipulated otherwise, the voting rights of creditors in debt relief similarly § 49 to 53 In order to discuss debt relief and how to vote on its adoption occurs at a meeting of creditors convened for the purpose or terms of this Act outside a meeting of creditors, the same shall apply to creditors vote on whether to recommend to grant the request of the debtor to fix a different amount of monthly payments in discharge performance repayment schedule.

(2) the debtor and the insolvency administrator, the insolvency court summons delivered at the meeting of creditors pursuant to paragraph 1 into their own hands with a lesson about the necessity of their participation. Insolvency administrator at their own risk and at their expense (§ 39 paragraph 2) may be represented at the meeting of creditors under paragraph 1 of another person; This does not apply if the bankruptcy court requires that the liquidator of such meeting attended in person. The debtor is required to attend such meeting in person and answer questions from the creditors.

(3) The meeting of creditors to discuss how debt relief bankruptcy court or has not convene a meeting of creditors canceled if all creditors are authorized to vote on the adoption of the method of debt relief outside of a meeting of creditors, the same shall apply to creditors vote on whether to grant the request of the debtor recommend establishing Other installments in the monthly performance of rescheduling debts. Voting results in this case public notice.

(1) The adoption of the method of debt relief, creditors may vote outside a meeting of creditors, even before the application for discharge permit or prior to the insolvency petition, if they had to learn the information that its content and scope consistent with the information that must be contained in the application for approval of debt relief and its annexes. This also applies to creditors vote on whether to recommend to grant the request of the debtor to fix a different amount of monthly installments to rescheduling debts fulfillment.

(2) Voting results achieved outside of a meeting of creditors will be added to the results achieved by voting at the meeting of creditors. If the discrepancy between voting creditors outside of a meeting of creditors and his vote at a meeting of creditors shall be considered a decisive vote at the creditors meeting of creditors, the insolvency court shall immediately inform the creditor.

Voting outside a meeting of creditors

(1) If the creditors They vote on the adoption of debt relief out of the way the meeting of creditors after the initiation of insolvency proceedings, their voice is taken into account only vote if in writing, by giving explicitly marked as a “ballot paper”, which may contain any other procedural act of which is no doubt how they voted, and which is officially verified the authenticity of their signature, and if it was this submission contains all elements delivered by the insolvency court on the day preceding the meeting of creditors, § 43 of Civil Procedure shall not apply.

(2) If the creditors They vote on the adoption of debt relief out of the way creditors’ meeting before the insolvency proceedings, their voice is taken into account only vote if in writing, by giving explicitly marked as a “ballot paper”, which may contain any other legal act of which is no doubt how they voted, and which is officially verified the authenticity of their signature, and if it was this submission contains all elements delivered to the debtor no later than the closing date by the borrower for the purpose stated in writing to known creditors and announced, this can not be less than 15 days.

(3) That the creditor to vote outside a meeting of creditors can not take account of the reasons referred to in paragraphs 1 and 2, the creditor shall promptly notify

a) the insolvency administrator, if the vote after the initiation of insolvency proceedings,
b) the debtor, if the vote before the commencement of insolvency proceedings.

(4) The procedure referred to in paragraphs 1 to 3 shall apply mutatis mutandis to the creditors vote on whether to recommend to grant the request of the debtor to fix a different amount of monthly installments to rescheduling debts fulfillment.

(5) Requirements for down ballot legislation.

(1) The right to vote on the method of debt relief have only unsecured creditors, who signed his claim in time. Secured creditors do not vote, or the extent to which, according to an expert report prepared in insolvency proceedings after bankruptcy decision value of less than the secured claim. The right to vote, the persons close to the debtor and those who are concern with the debtor 21).

(2) his consent to the way debt relief creditor is entitled to change.

(3) The manner debt reduction creditors’ meeting shall decide by simple majority of votes counted by unsecured creditors of their claims, the same shall apply to voting creditors outside of a meeting of creditors.

(5) If none of the methods of debt relief obtained by a simple majority of the votes of unsecured creditors pursuant to paragraph 3, shall decide on the method of debt relief in bankruptcy court decisions approving debt relief (§ 406).

(1) If the liquidator considers that there are facts which otherwise would justify the refusal or rejection of the application for approval of debt relief, warns on them before deciding on the method of meeting of creditors and debt relief in the case of § 399, paragraph 3-3 days after the publication of voting results in the insolvency register.

(2) The creditors who voted on the adoption of the method of debt relief, they argue that there are facts which otherwise would justify the refusal or rejection of the application for approval of debt relief. These objections may be made no later than the end of the meeting of creditors to decide on the method of debt relief, and in the case of § 399 paragraph 3 to 10 days after the publication of voting results in the insolvency register. The later raised objections and objections raised by creditors who did not vote on the adoption of the method of debt relief is taken into account. It is true that creditors who have not made a timely objection pursuant to the first sentence agrees with debt relief, without regard to whether the debtor has debts of the business.

(3) timely filed objections pursuant to paragraph 2, applied to authorized persons, discussed bankruptcy court at the hearing, which summons the debtor, bankruptcy trustee, creditors’ committee and creditors who have lodged objections.

Decision on approval of debt relief

Whether approves debt relief, bankruptcy court decides immediately after the meeting, at which were discussed objections of creditors under § 403, paragraph 2 and if the creditors of such objections alleged, immediately after the deadline for their submission.

(1) The insolvency court approves debt relief, if in the course of insolvency proceedings facts come to light which otherwise would justify the refusal or rejection of the application for approval of debt relief.

(2) If debt relief approved by the insolvency court shall decide together on how to resolve the bankruptcy debtor’s bankruptcy.

(3) The decision, which approved debt relief, particularly the insolvency court shall deliver to the debtor, the insolvency administrator and the creditor committee. An appeal against this decision may be made only by the debtor.

(1) does not find the reasons for the decision under § 405, the insolvency court approves debt relief. Approval of debt relief are bound by both the debtor and the creditors, including creditors, who disagreed with the debt or not voted.

(2) The decision approves debt relief zpeněžením estate insolvency court

a) provide information about who is the receiver,
b) to mark the assets as at the date of the decision belongs to the estate, including property that becomes part of the estate under § 412 paragraph 1 point. b)
c) marks the unsecured creditors, who agreed that the value of transactions in which debt relief received is less than 30% of their assets, and give the lowest value of the transactions to which these creditors have agreed with the debtor.

(3) In a decision approving the performance of rescheduling debts, insolvency court

a) require the debtor to 5 years pay unsecured creditors through the bankruptcy trustee each month at the specified date the amount determined in accordance with § 398 of the income he receives the approval of debt relief, according to the ratio of their debts specified in the decision. At the same time set the date for payment of first installment, and so that was paid by the end of the month following the month in which the approval takes effect debt relief,
b) marks the income from which the debtor as of the date of the decision had to pay the first installment
c) marks the unsecured creditors, who agreed that the value of transactions in which debt relief received is less than 30% of their assets, and give the lowest value of the transactions to which these creditors and the debtor agreed
d) the payer’s wages of the debtor or the debtor’s other income payers punishable by enforcement of compulsory deductions from wages (hereinafter “the wage payer of the debtor”), after receipt of the decision on the approval of debt relief conducted wages or other income of the debtor and any more; defined deductions withheld amount to the debtor .

(4) Decision on the approval of debt relief delivered separately debtor insolvency court, insolvency administrator and the creditor committee. An appeal against this decision may be made only by a creditor who voted against the adoption of an approved method of debt relief, or creditor, the objections raised by § 403 par 2 Bankruptcy Court did not. A decision on the approval of discharge performance of rescheduling may appeal the debtor, whose application for a different amount of monthly installments insolvency court did not comply, or a creditor who disagrees with the determination of the amount of other monthly payments and which voted against it.

(5) The decision on approval of the performance of rescheduling debt relief bankruptcy court delivered into the hands of the taxpayers pay the debtor. The rights and obligations of the debtor’s wages billing after receipt of the decision approving the debt relief provisions apply mutatis mutandis to the Civil Procedure Code on the payer to pay the enforcement of compulsory deductions from wages. Amounts withheld from wages sent to the debtor’s wages taxpayer debtor insolvency administrators, without sight of the fact that the decision approving the performance of rescheduling debt relief is not yet in force.

(1) Effect of approval of the discharge occurring at the time of publication approval decision on discharge in insolvency register.

(2) the decision on the approval of debt relief removes the limit dispositional powers of the debtor that occurred before its release in the current course of insolvency proceedings by law or by the insolvency court.

(3) The approval of the performance of rescheduling debt relief bankruptcy court and the motion will change if a significant change in circumstances that are critical to the amount and duration of the next set of monthly installments to the provisions of § 418 paragraph 1 point. b) not be affected. For delivery, publication, and the effects of this decision is the same as the receipt, disclosure and the effects of decisions on the approval of debt relief. Against this decision may be appealed only to a creditor who receives it by the payment of their claims less than altered by the decision.

(1) The approval of the effects of debt relief monetization of assets is true of belonging to a property of the estate at the time of approval of debt relief mutatis mutandis the provisions of this Act on the effects of the declaration of bankruptcy, including the termination of the joint property of the debtor and his spouse. If it is a debt relief allowed on a joint proposal of the spouses (§ 394A) it is from the time of approval takes effect monetization of debt relief estate all property of the spouses assets in a joint marital property, which does not expire.

(2) Disposition entitled to possession of the debtor acquires after effects occur approval of debt relief, has the final decision on the approval of debt relief realization of the assets of the debtor. Execution or seizure, which affected such property can be for the duration of debt relief order or initiate and perform only for claims that have to be met in debt relief and at the same time that arise after approval of debt relief takes effect.

(3) Property that is used to ensure the insolvency administrator for approval of debt relief realization of the assets of cashing in at the request of the secured creditor, if the realization of other assets will fully satisfy the claims of unsecured creditors or if the secured claim clearly exceeds the value of the collateral.

(4) After the insolvency administrator cashing in property that is subject to debt relief realization of the estate in bankruptcy proceedings proceed in accordance with the provisions of this Act on the final report and schedule in bankruptcy.

(1) The approval of the performance of rescheduling debt relief is authorized to dispose of income he receives the approval of debt relief, the debtor. With such revenues acquired the debtor is required to load the manner specified in the decision approving the performance of rescheduling debts.

(2) Disposition authority over the property belonging to the estate at the time of approval of debt relief, including property, which the borrower could not handle due to the effects of enforcement or the initiation or execution, by a final decision approving the rescheduling of debt relief performance of the borrower , this does not apply if the assets used to secure. The assets that the debtor acquires after the occurrence of the effects of deleveraging approval of that part of income that is not subject to debt relief, belonging to the estate. Execution or seizure, which affected such property can be for the duration of debt relief order or initiate and perform only for claims that have to be met in debt relief and at the same time that arise after approval of debt relief takes effect.

(3) Property that is used to ensure cashing liquidator after the approval of rescheduling debt relief performance, but not before the authenticity of the above findings and order of the secured claim, if requested by a secured creditor. Proceeds of liquidation shall hedged creditor, taking similar procedure under the provisions of the collateral in liquidation bankruptcy.

(1) Unless stipulated otherwise, the review of submitted claims for the duration of the effectiveness of debt relief similarly § 190 to 202 Insolvency administrator at their own risk and at their expense (§ 39 paragraph 2) may be represented at the review hearing another person, this does not apply if the bankruptcy court requires that the bankruptcy trustee review hearing in person.

(2) The denial of claims of unsecured creditors debtor has the approval of the effects of debt relief same effect as a denial of the claim by the insolvency administrator, the provisions of § 51 paragraph 2 this is without prejudice, for which a denial applies mutatis mutandis to finding claims relating to the insolvency administrator. If the debtor has denied the claim at the review meeting, held prior to approval of debt relief, the denial becomes effective on the date on which the effects of debt relief, this date is the date for the beginning of the period for bringing an action to determine the authenticity or the amount of the order receivable. Creditors unenforceable claim which was denied by the debtor, always bring an action against the debtor.

(3) In the case of enforceable granted final decision of the competent authority, the debtor as the reason for the denial of its authenticity or above to apply only the facts that are the reason for stopping the enforcement or execution because the debt is extinguished or barred.

(1) For the duration of the effects of debt relief has approval to execute a judgment or execution or start execution, which affected property owned by the debtor, affect the obligation of the debtor to dispose of revenue intended for the performance of rescheduling the manner specified in the decision approving debt relief.

(2) If any of the claims to be satisfied by a payment schedule, denied, shall be borne by the debtor of the amount attributable to the repayment schedule to meet the deadlines specified in the hands of an insolvency administrator who is paid to the lender immediately following the decision of the insolvency court findings of this claim. If there is to determine the claim, divide the amount attributable to the insolvency administrator under a payment schedule to the satisfaction of its other creditors for repayment plan as quite extraordinary.

(1) For the duration of the effects of implementation of debt relief approved rescheduling the debtor is obliged

a) to exercise reasonable gainful employment and, if that is unemployed, seek to obtain income, may also refuse unrealisable opportunity to obtain income,
b) values obtained by inheritance, gift and ineffective legal act, as well as property that the debtor did not list property, although this obligation was to issue insolvency trustee to be liquidated and the proceeds, as well as its other extraordinary income, use of the extraordinary installment repayments beyond Calendar
c) without delay to the insolvency court, insolvency administrator and the creditor committee of any change of his residence and employment,
d) on the 15th March and 15th September of the calendar year, submit to the insolvency court, the insolvency administrator and the creditors’ committee an overview of their income for the past six calendar months, unless the bankruptcy court in a resolution approving a debt relief other time of submission,
e) not to conceal any of its income and at the request of the insolvency court, the insolvency administrator or the creditors’ committee of inspection to their tax returns for the duration of the approval of the effects of debt relief,
f) none of the creditors not to provide any special benefits
g) not to accept new commitments to each other, which could not at the time of maturity to meet.

(2) For the duration of the effects of debt relief approved performance rescheduling liquidator exercised supervision over the activities of the debtor. The results of their activities regularly inform the bankruptcy court and creditors’ committee.

(3) The legal act by which the debtor for approval of the effects of debt relief performance of rescheduling refuses to accept the gift or inheritance without the consent of the bankruptcy trustee is invalid. The same applies if the debtor closes without the consent of the bankruptcy trustee agreement to settle the succession, according to the inheritance you may receive less than the share of his inheritance. It is the borrower, for which approval of the effects of debt relief does not reject heritage, for which a reservation inventory.

Compliance with discharge takes note of the insolvency court decision against which no appeal is admissible, the legal effect of this decision insolvency proceedings are terminated. At the same bankruptcy court decides on the remuneration of the insolvency administrator and the costs of the insolvency administrator and relieved of his duties.

(1) If the debtor fulfills properly and in time all obligations under the approved method of debt relief, bankruptcy court issues a decree ordering the debtor to exempt from the payment of debts included in debt relief, to the extent in which they have not yet been met. It will do so only on the proposal of the debtor.

(2) The exemption under paragraph 1 shall also apply to creditors, whose claims to be disregarded in the insolvency procedure and creditors their claims in bankruptcy proceedings known, although they do so.

(3) Exemptions provided for in paragraphs 1 and 2 shall apply to guarantors and other persons who were against the debtor for the right of recourse debt.

(4) The debtor’s exemption under paragraph 1 shall remain hedged creditor approval for debt relief asked for the realization of the assets used to secure the debt, retained the right to seek satisfaction of the claim from the proceeds of the liquidation of these assets, receivables that are not satisfied in the insolvency proceedings (§ 170) , may thus seek only for the period from the end of the insolvency proceedings.

If the value of performance that have received debt relief, subject to unsecured creditors, less than 30% of their claims, or less than the lowest value of the transactions to which these creditors have agreed with the debtor, the bankruptcy court after hearing the debtor’s bankruptcy trustee and the debtor still admit exemption from payment of debts included in the debt relief so far as it has not yet been met. It does so only on the proposal and provided the debtor that the debtor proves that the required value of the supply has not been achieved due to circumstances beyond the fault, while the amount of these creditors to satisfy their claims have received so far is less than the amount that would they have received, if the debtor’s bankruptcy decline was solved. The provisions of § 414, paragraph 3 shall apply mutatis mutandis.

(1) Exemption under § 414 and 415 shall not affect the monetary penalty or other property sanctions that were imposed on the debtor in criminal proceedings for an intentional offense, and claims for damages caused by willful breach of legal obligation.

(2) Decision on the proposal for insolvency court, the debtor’s claim for relief under § 414 and 415 are separately delivered to the debtor, the insolvency administrator and the creditor committee. The decision, which the insolvency court rejected such a proposal may appeal only to the borrower. The decision, which the debtor bankruptcy court granted relief under § 414 and 415, may appeal only to a creditor whose claim against the debtor in insolvency proceedings was not completely satisfied. Referring, however, it can be argued only that the assumptions were not met for granting relief to the debtor.

(1) Exemption under § 414 and 415 debtor bankruptcy court canceled if on application by any of the creditors within 3 years from the final declaration, it is found that the approval of debt relief or the granting of the exemption was based on the debtor’s fraudulent conduct, or that debtor has a special advantage to certain creditors, this does not apply if the creditor who filed a proposal, such an objection could be applied before deciding to grant the debtor relief.

(2) granted the exemption expires, if the debtor within 3 years from the decision about him convicted for an intentional offense, which significantly influenced the approval or implementation of debt relief or granting of the exemption, or which otherwise damaged creditor.

(3) Termination of exemption under paragraphs 1 and 2 shall not apply to claims of creditors who have themselves participated in negotiations with the debtor fraudulent or illegal advantage; about the statement must be decided resolution.

(4) Decisions issued pursuant to paragraphs 1 to 3 shall be delivered separately to the debtor and creditors, the termination of the exemption applies; only these persons may appeal against the decision.

(1) insolvency court approved debt relief canceled and simultaneously decide how to resolve the debtor’s bankruptcy bankruptcy if

a) the debtor does not fulfill the essential obligations under the approved method of debt relief, or
b) it is shown that a substantial part of the repayment schedule can not be met, or
c) due to culpable conduct incurred by a debtor after the approval of debt relief financial obligation for more than 30 days overdue or
d) the proposed borrower.

(2) It is understood that the debtor caused the emergence of financial obligations pursuant to paragraph 1. c) if he has to recover against the debtor writ of enforcement or execution.

(3) The Bankruptcy Court approved debt relief canceled and will also determine how to resolve a debtor’s bankruptcy bankruptcy also if they come out if the approval of debt relief to light the circumstances under which it can reasonably be assumed that the debt of the monitored dishonest intent.

(4) The decision referred to in paragraphs 1 and 3, the bankruptcy court issued only until it does not acknowledge the fulfillment of debt relief. It will do so after the meeting, which summons the debtor’s insolvency administrator, the creditors and the creditors committee, which proposed the abolition of debt relief. Decisions pursuant to paragraph 1. a) to c) the insolvency court may issue its own motion.

(5) The decision referred to in paragraph 1 and 3 may be appealed only the person referred to in paragraph 4

PART THREE

COMMON PROVISIONS

TITLE I

INSOLVENCY INDEX

(1) Insolvency Register is a public information system administered by the Ministry of Justice (hereinafter the “Ministry”).

(2) Insolvency Register contains a list of insolvency administrators, a list of debtors and insolvency records. For every borrower is a leading file bankruptcy.

(3) Insolvency Register is a publicly accessible, with the exception of data, as provided by law. Everyone has a right to inspect and make copies thereof and extracts. Insolvency court judge has access to all the details contained in the Insolvency Register.

(4) At the request of the Ministry shall issue or insolvency court certified the output of public administration information system containing data from the insolvency register or information that requested information is not held in the Insolvency Register.

(1) If the debtor is a natural person entered in the debtors’ lists his name, surname, address, social security number, and do not have personal identification number, date of birth is a natural person who is under a special legal regulation is established, entered in the list of debtors and its seat.

(2) If the debtor is a natural person who is an entrepreneur, entered in the list of debtors addition to the information referred to in paragraph 1 and Appendix distinguishing its business, when used it in his business, as well as registered office, if different from the address, and identification number .

(3) If the debtor is a legal person entered in the list of debtors of its trade name, registered office and identification number.

(4) Information referred to in paragraphs 1 to 3 writes the insolvency court in the list of debtors soon as the effects associated with the initiation of insolvency proceedings, but no later than 7 days after this time, if not he one of the following known at that time, it entered bankruptcy court within the list of debtors in insolvency proceedings as soon as it emerges.

(5) Immediately after the insolvency provisions of the insolvency court administrator shall enter information about the list of debtors. If the liquidator a natural person entered in the debtors’ lists his name, surname, address, social security number, and if no ID number, date of birth, if the liquidator of a legal person entered in the list of debtors or business name name, address and identification number.

(1) The insolvency court insolvency register published in chronological order, stating the time of inserting the documents and information:

a) the insolvency court decision issued in insolvency proceedings, and incidental disputes,
b) all submissions, which are inserted into the case file maintained by the bankruptcy court as to the debtor, unless specified otherwise in this Act,
c) other information which as provided by law or the insolvency court.

(2) submission received by the insolvency court in electronic form and documents acquired Insolvency court Insolvency Register is inserted into an electronic data transmission. Other documents and submit the following form by transferring the image to the insolvency register.

(1) At the request of the individual who has made the appropriate filing insolvency court may decide that some of the personal data of individuals contained in submissions will not be in the public insolvency register. Such a request may be made at any time during the insolvency proceedings. Name and surname of such individuals bankruptcy court in the insolvency register always publish.

(2) Unless the individual who made submissions, published by such individual insolvency register in only her first name and surname.

(3) In case the procedure under paragraphs 1 and 2 of the insolvency court filing attached to vkládanému information about the nature of personal data that is not made public.

(1) The insolvency register will be inserted filing or other document shall be classified under a special law. The fact that the court file is filing that for that reason it was not published in the insolvency register, but must be marked in the insolvency register with data on the nature of the submission, prior to the commencement of insolvency proceedings does not apply to proceedings on a petition for a moratorium.

(2) The insolvency register the necessary time or not embedded filing other documents, whose immediate disclosure would frustrate the purpose of the insolvency proceedings.

(1) If this Act that the document is delivered by publication in the insolvency register, the act been served at the time of its publication in the insolvency register.

(2) The moment of disclosure documents must be dealt with in the insolvency register.

Removal from the list of the debtor’s debtors

(1) After the expiry of 5 years from the date of the decision, which was completed insolvency proceedings, the insolvency court shall remove the debtor from the list of debtors and the information about it in the insolvency register unavailable. Should any insolvency proceedings a decision under § 142, the debtor’s insolvency court shall remove from the list of debtors and the information about it in the insolvency register disables within 15 days of receipt of the borrower, the borrower is entitled to ask for the deletion soon as possible after the expiration of 3 months from the decision.

(2) When storing data znepřístupněných is governed by special legal regulation 58).

(3) Where an appeal against a decision under § 142, the debtor retains the insolvency court in the list of debtors and accessible information about the insolvency register for a rehearing of an appeal.

TITLE II

RELATIONSHIP TO THE STATES OF THE EUROPEAN UNION

(1) Insolvency proceedings with the European cross-border and its effects are managed directly by the applicable law of the European Communities, 59) and the provisions of the law of the Member State of the European Union, which act directly applicable European Community law refers.

(2) European cross-border means in accordance with the directly applicable regulation of the European Communities 59) that the debtor’s main interests are concentrated in a European Union member states except Denmark and at least one of the creditors or part of the estate is located in one of the other European Union member states except Denmark.

427

Stopping the insolvency proceedings

Released in the course of insolvency proceedings show that under the directly applicable regulation of the European Communities 59) at the date of commencement of insolvency proceedings the debtor’s main interests are concentrated in a European Union member states except Denmark and the debtor at that date had no business in the territory Czech Republic, the bankruptcy court insolvency proceedings stopped.

Insolvency Administrator

The insolvency administrator appointed to the position as determined by the court of the Member States of the European Union with the exception of Denmark, the Czech Republic shows a certified copy of the decision of its provisions, if requested, must submit a certified copy of this translation into Czech.

Publication of certain decisions

The decision to initiate insolvency proceedings and decisions on the provisions of the insolvency administrator issued in a Member State of the European Union except Denmark according to the directly applicable European Community law 59) against the debtor, who is in business in the Czech Republic, must be published in the Czech Republic. Insolvency court in whose district the establishment is located, the decision of a foreign body published a decree immediately after it is delivered to the receiver or any other authority empowered for that purpose in the European Union Member State in which judgment was given.

Known creditors

(1) the debtor’s known creditors who have their habitual residence, domicile or residence in a European Union member states except Denmark, immediately notify the bankruptcy court to initiate insolvency proceedings and the decision to decline.

(2) The obligation to notify known creditors under paragraph 1 shall meet the bankruptcy court by giving them specially delivered the decision to announce the commencement of insolvency proceedings and the decision to decline or its shortened version.

(3) A well-known creditors under paragraph 1 of the insolvency court separately and deliver a call for applications for claims.

TITLE III

FINAL PROVISIONS

enabling provisions

The Ministry shall stipulate by decree

a) particulars of the record pursuant to § 85, call for applications receivables, inventory, notification of inventory, notification of the application claims against the estate of her claims or assimilated, the list of registered claims, application forms, claims, claims handling and application forms, rules for their storage and inspection of documents, the requirements of the ballots, the elements of the reorganization plan, the requirements for reports on a reorganization plan, forms the petition for debt relief and the denial of the claim form, particulars of the registered creditor,
b) the method of determining the remuneration and some cash expenses of the insolvency administrator, the maximum allowable amount and the conditions and extent of remuneration and reimbursement of cash expenses by the State,
c) the method of determining the necessary expenses and remuneration of members and creditors’ committee and the maximum allowable amount,
d) Rules of Procedure for insolvency proceedings
e) the form of electronic filing.

transitional provisions

(1) The bankruptcy and composition proceedings commenced before the effective date of this Act shall apply to existing legislation.

(2) If during the period to 31 December 2008 will be an insolvency petition insolvency court outside of their working time bankruptcy court or on holiday, then the obligation to disclose the bankruptcy court decree, which announces the commencement of insolvency proceedings in insolvency register within 2 hours after he ran out of insolvency petition (§ 101, paragraph 1), be deemed to satisfy even do so if the insolvency court within 2 hours after the start of working hours.

(3) 31 December 2008 Insolvency Register contains a list of insolvency administrators, list of debtors and publicly available documents and information from the bankruptcy file.

(4) In case the procedure under § 422, paragraph 1 and 2 to 31 December 2008 do not connect the information about the nature of personal data that is not made public.

Repealing provisions

Are repealed:

1) Act No. 328/1991 Coll. Bankruptcy.

2) Act No. 122/1993 Coll. Amending and supplementing Act No. 328/1991 Coll. Bankruptcy.

3) Act No. 12/1998 Coll. Amending and supplementing Act No. 328/1991 Coll. On Bankruptcy and Settlement, as amended.

4) Act No. 214/2000 Coll. Amending Act No. 328/1991 Coll. On Bankruptcy and Settlement, as amended.

5) Act No. 368/2000 Coll. Amending Act No. 530/1990 Coll. Bonds, as amended, and Act No. 328/1991 Coll. On Bankruptcy, as amended .

6) Ordinance No. 476/1991 Coll., Implementing certain provisions of the Bankruptcy.

Efficiency

This Act comes into force on 1 January 2008.

Zaorálek v. r

Klaus v. r

Paroubek v r

____________________________________________________________

2) Art. 99 Constitutional Act No. 1/1993 Coll. Constitution of the Czech Republic, as amended by Act No. 347/1997 Coll.

3) Act No. 280/1992 Coll. Departmental, professional, business and other health insurance, as amended.

4) Civil Procedure.

5) § 9, paragraph 4, § 11, 84 to 89 of Civil Procedure.

6) repealed by Act No. 294/2013 Coll.

7) § 92 paragraph 1 of the Civil Procedure Code.

8) § 92 paragraph 2 of the Civil Procedure Code.

9) § 134 of Civil Procedure.

9a) Act No. 312/2006 Coll. Bankruptcy trustees, as amended.

10) Act No. 235/2004 Coll. Value Added Tax, as amended.

11) For example Act No. 458/2000 Coll. On business conditions and the state administration in energy sectors and amending certain acts (the Energy Act), as amended.

12) § 137 et seq. Civil Code.

13) Act No. 586/1992 Coll. On Income Tax, as amended.

14) § 9, paragraph 3 and § 27 paragraph 3 to 5 of Act No. 65/1965 Coll. Labour Code, as amended.

15) § 35 of Civil Procedure.

16) For example § 38i, paragraph 1, point. h) of the Commercial Code, as amended.

16a) Act No. 300/2008 Coll. Electronic acts and authorized document conversion.

17) § 53 of Civil Procedure.

18) Article 55 § 2 of Act No. 256/2004 Coll., The Capital Market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Coll.

19) § 76 paragraph 1 point. d) of the Civil Procedure Code.

20) § 42 paragraph 4 of the Civil Procedure Code.

21) § 66a of the Commercial Code.

22) For example, § 6, paragraph 1 of Act No. 61/1988 Coll. On mining activities, explosives and state mining administration as amended.

23) § 29 of Decree No. 37/1967 Coll. To implement the Act on experts and interpreters, as amended by Decree No. 77/1993 Coll.

24) Article 79 § 1 of the Civil Procedure Code.

25) § 43 of Civil Procedure.

26) Act No. 190/2004 Coll. Bonds.

27) For example § 76 paragraph 1 of the Commercial Code.

28) For example, § 321, § 322, paragraph 1 and 2 of the Civil Procedure Code.

29) § 279, paragraph 2 of the Civil Procedure Code.

30) For example, § 31, paragraph 6 and § 37a of Act No. 44/1988 Coll. On the protection and utilization of mineral resources (Mining Act), as amended.

31) Act No. 219/2000 Coll. Property of the Czech Republic and its Representation in Legal Relations, as amended.

32) § 5 of the Commercial Code.

33) § 2 of Act No. 20/1987 Coll., On State monument care.

34) § 58 Commercial Code.

35) For example, § 7 paragraph 1 point. e) and f) of Act No. 85/1996 Coll. on Advocacy, as amended.

36) For example, § 8 of Act No. 455/1991 Coll., On Trades (Trade Act), as amended.

37) § 91 paragraph 2 of the Civil Procedure Code.

38) § 93 of Civil Procedure.

39) Act No. 118/2000 Coll. On the protection of workers at the employer’s insolvency and amending certain Acts, as amended by Act No. 436/2004 Coll.

40) Act No. 589/1992 Coll. On social security and state employment policy, as amended.

41) § 8 of Act No. 114/1995 Coll. On inland navigation. § 28 of Decree No. 222/1995 Coll. Waterway, navigation traffic in the ports, common disaster and transport of dangerous goods.

42), repealed by Act No. 294/2013 Coll.

43) § 23 to 28 of Law No. 72/1994 Coll.

44), repealed by Act No. 294/2013 Coll.

45) Act No. 26/2000 Coll. Public auctions, as amended.

46) Act No. 563/1991 Coll. On Accounting, as amended.

47) For example Act No. 143/2001 Coll. On Protection of Competition, as amended.

48) § 24 paragraph 2 point. a) to c) of Act No. 124/2002 Coll.

49) § 29 paragraph 4 point. b) and paragraph 5 of Act No. 124/2002 Coll.

50) § 193 of Act No. 256/2004 Coll., The Capital Market, as amended by Act No. 409/2010 Coll.

51) Directive of the European Parliament and Council Directive 2001/24/EC of 4 April 2001 on the reorganization and winding up of credit institutions.

52) § 5a to 7a of Act No. 21/1992 Coll. On Banks, as amended.

53) Directive of the European Parliament and Council Directive 2000/12/EC of 20 March 2000 relating to the taking up and pursuit.

54) Directive of the European Parliament and Council Directive 2001/17/EC of 19 March 2001 on the reorganization and winding.

55) § 5c of the Act No. 363/1999 Coll. Insurance and amending some related Acts (the Insurance Act) as amended by Act No. 39/2004 Coll.

56) § 5 paragraph 1 of Act No. 363/1999 Coll., As amended by Act No. 39/2004 Coll.

57) Act No. 363/1999 Coll.

58) Act No. 499/2004 Coll. Archives and Records Service and amending certain Acts, as amended.

59) Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.

60) § 5, paragraph 1, point. d) of Act No. 312/2006 Coll. bankruptcy trustees, as amended.

61) § 2. k) of Act No. 499/2004 Coll., the Archives and Records Service and amending certain laws, as amended by Act No. 190/2009 Coll