Decree No. 131 / 2019 Coll.
Decree amending Decree No. 191 / 2017 Coll., on the formalities for filing and forms of electronic submissions in insolvency proceedings and amending Decree No. 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law, as amended
Valid
Order
Effective from 01.06.2019
Text versions:
01.06.2019
28.05.2019
131
DECLARATION
of 27 May 2019
amending Decree No. 191 / 2017 Coll., on the formalities for filing and forms of electronic submissions in insolvency proceedings and amending Decree No. 311 / 2007 Coll., on the Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law, as amended
The Ministry of Justice provides pursuant to § 431 (a) and (e) of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act), as amended by Act No. 296 / 2007 Coll., Act No. 69 / 2011 Coll., Act No. 294 / 2013 Coll., Act No. 64 / 2017 Coll. and Act No. 31 / 2019 Coll.:
Decree No. 191 / 2017 Coll., on the formalities for filing and electronic submission forms in insolvency proceedings and amending Decree No. 311 / 2007 Coll., on the Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law, as amended, shall be amended as follows:
1. In Article 5 (2), the words "by fulfilling the repayment schedule," are deleted.
2. In Paragraph 8 (1) (g), at the end of point 2, the word "a 'is deleted and the following point 3 is inserted after point 2:
"3. for claims satisfied solely on the assets provided for collateral, the claim application shall contain an indication of the personal debtor different from the debtor and an indication of the object in respect of which the collateral was established; and ';
Point 3 is renumbered point 4.
3. in Article 17 (1), points (e), (f), (j) and (k) are deleted;
Points (g) to (i) and (l) to (r) shall become points (e) to (g) and (h) to (n).
4. in Article 17 (1) (e), "the last 3 years" shall be replaced by "the last 12 months" and "the 5 years" shall be replaced by "the 12 months."
5. In Article 17 (1) (f), the words ", explanation of the reasons for the reduction of instalments' and the words" description 'are deleted.
6. In Paragraph 17 (1), at the end of point (g), the words "giving the total amount of maintenance determined by the court 'shall be added.
7. in Article 17 (2), point (c) is deleted;
Points (d) to (j) shall be renumbered (c) to (i).
8. In Article 17 (2) (c), "the last 3 years' is replaced by" the last 12 months';
9. in Article 17 (2) (e), the words "30% of his claim" are replaced by the words "the satisfaction rate under Article 412a (1) (b) or (c) of the insolvency law."
10. in Paragraph 17 (2), the word "a" shall be deleted at the end of point (h).
11. in Article 17 (2) (i), the words "copy of the marriage certificate and" and the words "monetization of property" shall be deleted;
12. In Article 17, at the end of paragraph 2, the dot is replaced by "a 'and the following point (j) is added:
"(j) an honest statement by the debtor that he has been informed, in writing of the insolvency application, of his obligations in insolvency proceedings, that he will pay in full the debts of his creditors in debt, that he will make all the effort that can be reasonably required of him to satisfy them in full that he will fulfil all the obligations under this law and the decision to approve the debt and that he will grant all his income in full."
13. Paragraph 17 (3) is deleted.
14. in Paragraph 18 (1) (j), the words "and surname" shall be deleted;
15. in Paragraph 18 (1) (k), the words "and surname" shall be deleted;
16. in Paragraph 18 (1) (l), the words "and the amount of the redemption" shall be deleted;
17. in Article 18 (1), the words "the justification for the valuation of the items of the inventory" shall be added at the end of the text (l).
18. in Article 18 (1) (m):
"(m) details of the property of the debtor, the form of housing, the cost of living and the expected amount of the proceeds of the redemption of the debtor's residence and whether the debtor should be obliged to issue his residence for redemption on the ground that its value exceeds that determined under another legislation;"
19. in Paragraph 18 (1), the following point (n) is inserted after point (m):
"(n) details of the potentially invalid or inefficient legal action of the debtor in relation to the property nature and of the debtor's proposal to determine a different amount of monthly instalments,"
Points (n) to (u) shall be renumbered as points (o) to (v).
20. in Article 18 (1) (q), the words "repayment schedule," shall be deleted and the words "payment calendar" shall be replaced by the words "payment calendar fulfillment."
21. in Paragraph 18 (1), the following point (u) is inserted after point (t):
"(u) the recommendation of the insolvency administrator on whether it proposes imposing an obligation on the debtor to use professional social advice services, for what reasons and to what extent,"
Points (u) and (v) shall be renumbered (v) and (w).
22. in Article 21 (1) (h), the words "the performance of a repayment schedule or" shall be deleted;
23. Paragraph 24 (1) reads:
"(1) The natural person shall be identified by name, date of birth and residence. The natural person - entrepreneur shall be identified by name, identification number and registered office. A foreign natural person shall also be designated as a national. The name of the natural person who is the debtor shall indicate the place of birth, if known to the respondent. ';
Transitional provision
In insolvency proceedings which were initiated and in which a decision on the insolvency of the debtor was taken before the date of entry into force of this Order, Decree No 191 / 2017 Coll., as effective before the date of entry into force of this Order, shall apply.
Efficacy
This Decision shall enter into force on 1 June 2019.
Minister of Justice:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No. 131 / 2019 Coll., amending Decree No. 191 / 2017 Coll., on the formalities for filing and forms of electronic submissions in insolvency proceedings and amending Decree No. 311 / 2007 Coll., on the Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.05.2019 |
|---|---|
| Effective from | 01.06.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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