Analýza změny způsobu řešení úpadku v průběhu oddlužení

Abstract

The bachelor thesis specifies the elementary terms of insolvency proceeding, the standard process of insolvency proceeding and presents five cases, in which the debtor got debt relief by installment plan, that was later cancelled. The reasons for canceling debt relief are then analyzed and evaluated. The bachelor thesis also considers the changes in insolvency law and the change of ordinance nr. 313/2007 Sb., which are both taking effect on 1.6. 2019.

The results of the bachelor thesis are findings, that the most common reasons for cancellation of the debt relief is non-payment of installments to creditors according to the installment plan, non-payment rewards and expenditures of the insolvency administrator, and lack of communication with the insolvency administrator and the insolvency court. Other reasons for the cancellation of the debt relief are also unsatisfactory requisition payments to the creditors, which must be at least 30 %, or tracking of dishonest debtor aims.

The most important change in the insolvency law is the cancellation of entry requirement, when handing in the proposal of debt relief authorization. Another major change is the possibility of debt relief in just 3 years’ time, which requires settling at least 60 % of the attested requisitions owned by the creditors.

The bachelor thesis mainly utilizes the methods of analysis and description.

Information accumulated in the bachelor thesis could be of use to debtors, who are in the state of debt relief or who are considering debt relief as a choice. In bachelor thesis can find fundamental information about insolvency proceeding, the process of debt relief, and about their obligations, which they must fulfill during the process, if they want the debt relief to be successfully carried out.