Analýza práv a povinností věřitelů v jednotlivých způsobech řešení úpadku dlužníka

Abstract

The thesis aims to characterise the reorganisation, moratorium as well as extraordinary moratorium, types of creditors in insolvency proceedings, creditor’s authorities, Lex Covid Act and the Directive on Restructuring and Insolvency. The rights and obligations of creditors are outlined, including a specific example of reorganisation and bankruptcy procedure of a legal entity. Subsequently, the suitability of reorganisation and bankruptcy proceedings for creditors is analysed and evaluated, indicating the main differences.

It was found in the thesis that during the reorganisation there is a greater risk of reducing the value of a debtor’s property, because the debtor has the right of disposal to the insolvent estate. Furthermore, the debtor in reorganisation may deny the creditor’s unenforceable claim and the creditor must then file a lawsuit against the debtor, otherwise the creditor’s registered claim will not be recognised. In addition, it was found that the creditor’s rights and obligations cease with the effectiveness of the reorganisation plan, and new rights arise for the creditor, which are stated in the reorganisation plan.

Creditors can be recommended a reorganisation especially in the case when such a reorganisation presupposes a higher satisfaction of receivables than in bankruptcy proceedings.

On 24th April 2020, the amendment known as the Lex Covid Act came into force, the aim of which is to mitigate the effects of the coronavirus epidemic. Since this law has come into effect, the debtor can suspend the implementation of the reorganisation plan, and this up to 6 months after the end of the extraordinary provisions.

Methods of description, classification, analyses and comparison were used in the thesis.

The findings from the thesis can be used by creditors who are considering a reorganisation, or by a debtor who decides between a bankruptcy and a reorganisation.