Act No. 217 / 2009 Coll.
Act amending Act No. 182 / 2006 Coll., on Decrease and Methods of its Resolution (Insolvency Act), as amended, and other related laws
Valid
Law
Effective from 20.07.2009
217
THE LAW
of 17 June 2009
amending Act No 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the bankruptcy law and the methods of its resolution (insolvency law)
Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (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. and Act No. 7 / 2009 Coll., is amended as follows:
1. Paragraph 25 (1) reads as follows:
"(1) The insolvency practitioner shall be appointed by the insolvency court. Where a decision authorising a reorganisation pursuant to Paragraph 148 (2) is linked to a bankruptcy decision and where an insolvency administrator is designated in the submitted reorganisation plan, the insolvency court shall designate that person as the insolvency administrator; This is not the case if the insolvency administrator thus designated does not fulfil the conditions set out in Sections 21 to 24. Paragraph 29 shall be without prejudice to this. '
2. In Paragraph 25, the sentence "If not for a case referred to in paragraph 1, the insolvency court shall designate the insolvency administrator to designate the person appointed by the President of the insolvency court" shall be added at the beginning of paragraph 2, and at the end of paragraph 2, the sentence "If no other circumstances prevent it, the insolvency court President shall designate the same person as the insolvency administrator of the debtors forming the group."
3. In Paragraph 34, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Where an insolvency administrator is excluded from certain operations because it may contradict the common interest of creditors in insolvency proceedings, in which he has also been appointed by the insolvency administrator, the insolvency court shall, at all times, provide for such acts by the separate insolvency administrator. '
Section 82 reads as follows:
(1) A preliminary measure in insolvency proceedings may be ordered by the insolvency court on its own motion, unless the law provides otherwise. The appellant of the interim measure, which the insolvency court could order of its own motion, is not obliged to lodge a security.
(2) The insolvency court may also appoint a preliminary administrator by a preliminary measure.
(3) The insolvency court may, on grounds of special consideration, also:
(a) to consent to the netting of mutual claims of the debtor and the creditor during the period of the moratorium; or
(b) to consent to the netting of mutual claims of the debtor and the creditor even after the publication of an application for authorisation for reorganisation in the insolvency register; or
(c) prohibit, in certain cases or for certain periods, the netting of mutual claims by the debtor and the creditor.
(4) The interim measure referred to in paragraph 3 may be imposed only on the application of the debtor, the insolvency administrator, the creditor concerned by the netting or the person having a legal interest in it.
(5) The interim measure referred to in paragraph 3 shall be notified by the insolvency court to the debtor, to the insolvency administrator, to the person making the application and, where the interim measure applies to the claims of individual creditors, to those creditors. Where the insolvency court does not order interim measures, the decision on the application for interim measures referred to in paragraph 3 shall be delivered separately by the debtor, the insolvency administrator and the person who made the application. ';
5. Paragraph 98 (1) reads:
"(1) A debtor who is a legal person or a natural person - an entrepreneur is obliged to submit an insolvency application without undue delay after having become aware or should have known, with due care, of his insolvency. The debtor who is a legal person in liquidation is also obliged to submit an insolvency proposal without undue delay after having become aware or, with due diligence, should have known of his bankruptcy in the form of overindebtedness. The obligation to file insolvency proceedings shall be imposed on the debtor even if the enforcement of the decision has been definitively suspended by the sale of his undertaking or by execution pursuant to special legislation (4) because the price of the property belonging to the undertaking does not exceed the amount of the undertaking's liabilities; that does not apply if the debtor has another business. '
6. In the first sentence of Paragraph 98 (1), the words "in the form of insolvency 'shall be deleted; the words" in the third sentence' shall be deleted; the words "the obligation to submit insolvency proceedings shall be replaced by" the debtor ';
7. in Paragraph 122, the following paragraph 3 is added:
"(3) The calculation of the mutual claims of the debtor and the creditor shall not be permitted for the duration of the moratorium, unless the insolvency court determines otherwise by a provisional measure. This applies even if the legal conditions for such netting were fulfilled before the moratorium was declared. '
8. In Paragraph 126, the following paragraph 3 is inserted after paragraph 2:
"(3) Paragraph 102 shall apply mutatis mutandis to the notification of a moratorium prior to the initiation of insolvency proceedings. '
Paragraph 3 shall become paragraph 4.
9. In Article 140, the following paragraph 4 is added:
"(4) The calculation referred to in paragraph 2 shall also not be admissible in the cases provided for in this Act or in the interim measures of the insolvency court. '.
10. In Paragraph 148 (2), the words "all groups of creditors' are replaced by the words" at least half of all secured creditors, calculated according to the amount of their claims, and at least half of all unsecured creditors, calculated according to the amount of the claims'.
11. in Article 168 (1), at the end of point (e), the dot is replaced by a comma and the following point (f) is added:
"(f) creditors' credit financing claims."
12. in Article 168 (2), the words "with the exception of contracts concluded by the debtor after approval of the debt" shall be added at the end of the text in point (f).
13. in Article 169 (1) (a), the words "which have arisen in the last 3 years before or after the bankruptcy decision," shall be deleted;
14. In Article 219 (1), the words "must comply with specific law on the valuation of assets; is not, however, 'replaced by' is not '.
15. In Paragraph 219, at the beginning of paragraph 5, the sentence "At the valuation referred to in paragraphs 1 to 4, the property shall be valued at the usual price."
16. In Article 316 (5), the word "approved 'is replaced by" received'.
17. In Article 324, the following paragraph 3 is added:
"(3) As from the date of publication of the application for the authorisation of a reorganisation in the insolvency register, netting of mutual claims by the debtor and the creditor shall not be permitted, unless the insolvency court otherwise designates a provisional measure. This shall also apply where the legal terms of such netting have been fulfilled before that time. '
18. Paragraph 339 (2) and (3) read:
"(2) However, the priority right to draw up a reorganisation plan does not have a debtor who has notified the insolvency court that he does not intend to submit the reorganisation plan.
(3) The priority right to draw up a reorganisation plan is also not for the debtor whose creditors so decided at the creditors' meeting. Meetings of creditors for which a proposal for authorisation for reorganisation is being debated or approved shall be entitled to adopt such resolutions at all times. ';
19. In Paragraph 352, the following paragraph 3 is added:
"(3) The purpose of the reorganisation plan is to abolish the prohibition on the netting of claims referred to in § 324 (3)."
20. In Paragraph 363, the sentence "This Decision also repeals the prohibition on the netting of claims referred to in Paragraph 324 (3) shall be added at the end of paragraph 5. '
21. in Article 391 (1), at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) a proposal for a method of debt relief or notification that the debtor does not make such a proposal."
22. In Paragraph 391, the following paragraph 2 is inserted after paragraph 1:
"(2) The debtor proposing debt relief by fulfilling the repayment schedule may, in the application for authorisation for debt relief, request the insolvency court to determine less than the monthly instalments provided for by law. In such a case, the application for a debt relief must also indicate the amount of the monthly instalments proposed or the method of determining them and explain the reasons for its bankruptcy. Paragraph 395 is not affected. '
Paragraph 2 shall become paragraph 3.
23. in Article 398 (3), the words "via the insolvency administrator" shall be inserted after the words "the debtor shall be laid down" and the words "only" shall be inserted after the word "satisfy."
24. In Paragraph 398, the following paragraph 4 is added:
"(4) The debtor who so requested in the application for authorisation for debt relief may be subject to a different amount of monthly instalments. It will do so only if, in view of all circumstances, it is reasonable to assume that the value of the transactions which are received by non-secured creditors upon debt relief will be equal to or greater than 50% of their claims, or equal to or greater than the value of transactions agreed with the debtor by those creditors. In addition, it shall take into account the reasons for the debtor's bankruptcy, the total amount of the debtor's liabilities, the current and expected amount of the debtor's income, the measures which the debtor is making to maintain and increase his income and to reduce his liabilities, and the recommendations of the creditors. The insolvency court is not bound by the debtor's proposal for another amount of monthly instalments. The late application shall not be taken into account by the insolvency court. ';
25. In Article 399, the words "at the end of the text of paragraph 1 shall be added; this shall apply mutatis mutandis to the vote of creditors on whether they recommend compliance with the debtor's request to set a different amount of monthly instalments on derecognition by fulfilling the repayment schedule '.
26. In Article 399 (3), at the end of the text of the first sentence, the words "shall be added; this shall apply mutatis mutandis to the vote of creditors on whether they recommend that the debtor's request be complied with to determine a different amount of monthly instalments on derecognition by fulfilling the repayment schedule '.
27. In Paragraph 400, at the end of paragraph 1, the sentence "Similarly, this applies to creditors' voting on whether they recommend compliance with the debtor's request to set a different amount of monthly instalments on debt relief by fulfilling the repayment schedule."
28. In Paragraph 401, the following paragraph 4 is inserted after paragraph 3:
"(4) The procedure laid down in paragraphs 1 to 3 shall apply mutatis mutandis to the creditors' vote on whether they recommend compliance with the debtor's request to determine a different amount of monthly instalments on derecognition by fulfilling the repayment schedule. ';
Paragraph 4 shall become paragraph 5.
29. In Paragraph 402, the following paragraph 4 is inserted after paragraph 3:
"(4) The procedure laid down in paragraphs 1 to 3 shall apply mutatis mutandis to the creditors' vote on whether they recommend compliance with the debtor's request to determine a different amount of monthly instalments on derecognition by fulfilling the repayment schedule. ';
Paragraph 4 shall become paragraph 5.
30. in Paragraph 405 (1), "paragraph 4" is replaced by "paragraph 5."
31. In the first sentence of Article 406 (3) (a), the word "from" shall be deleted and the words "on each day of each month from the income it receives after the approval of the debt, to the same extent as the amount of income it receives after the execution of the decision or from the execution of the recovery procedure 29)" shall be replaced by the words "by the insolvency administrator on each specified day of the month by the amount determined pursuant to Article 398 from the income it receives after the approval of the debt."
32. in Article 406 (3) (b), the words' the debtor and the method of calculating the amount remaining to the debtor 'shall be deleted;
33.In Article 406 (3), the dot at the end of point (c) is replaced by a comma and the following point (d) is added:
"(d) the payer shall order the debtor's wages or the payer of any other income of the debtor affected by the execution of the decision by withholding from the debtor's salary (hereinafter referred to as" the debtor's salary payer ") to make a set reduction on the debtor's salary or other income upon receipt of the decision approving the debt waiver and not to pay the deducted amounts to the debtor."
34. In Paragraph 406, the sentence "A debtor whose request to determine another amount of monthly instalments has not been granted by the insolvency court or by a creditor who does not agree with the determination of a different amount of monthly instalments may also be appealed against by a debtor whose request to determine another amount of monthly instalments has not been granted by the insolvency court or by a creditor who does not agree with the determination of a different amount of monthly instalments. '
35. In Article 406, the following paragraph 5 is added:
"(5) The decision to authorise debt relief by fulfilling the repayment schedule shall also be delivered by the insolvency court to the payers of the debtor's wages. The provisions of the Civil Code on the payer's salary in respect of the execution of decisions by withholding from the compulsory wage shall apply mutatis mutandis to the rights and obligations of the payer of the debtor's salary upon receipt of the decision approving the debt. The amounts deducted from the debtor's salary shall be sent by the payer of the debtor's salary to the insolvency administrator, without account being taken of the fact that the decision to approve the debt relief is not yet in law. '
36. In Paragraph 407, the following paragraph 3 is added:
"(3) The decision on the approval of the debt relief by fulfilling the repayment schedule shall be amended by the insolvency court on its own motion if the circumstances which are relevant to the amount and duration of the monthly instalments laid down have changed substantially; Paragraph 418 (1) (b) is without prejudice to this. The same shall apply to the service, publication and effects of this Decision as to the service, publication and effects of the decision approving the debt relief. This decision may be appealed only by a creditor who, in his opinion, receives less than the amended decision to repay his claim. '
37. In Paragraph 409 (3), at the end of the first sentence, the words "if the secured creditor so requests' shall be added.
38. In Paragraph 410 (1), the word "plan 'is deleted.
39. in Article 410 (2), the words "by fulfilling the repayment schedule" shall be deleted;
40. In Article 414, the following paragraph 4 is added:
"(4) In the event of the exemption of the debtor referred to in paragraph 1, a secured creditor who has not applied for the redemption of the assets used to secure the claim, after approval of the debt relief, shall retain the right to claim the recovery claim from the redemption of the assets; claims which are not satisfied in insolvency proceedings (Section 170) may only be so claimed during the period from the end of insolvency proceedings. '
Transitional provision
Act No. 182 / 2006 Coll., as effective from the date of entry into force of this Act, also applies to insolvency proceedings initiated before the date of entry into force of this Act; the legal effects of the insolvency proceedings before the date of entry into force of this Act remain.
Amendment of the Act on the Protection of Employees in the Insolvency of Employers and on the Amendment of Certain Laws
Act No. 118 / 2000 Coll., on the Protection of Employees in the Insolvency of Employers and on the Amendment of Certain Acts, as amended by Act No. 436 / 2004 Coll., Act No. 73 / 2006 Coll. and Act No. 296 / 2007 Coll., is amended as follows:
1. In Article 2, the following paragraph 3 is inserted after paragraph 2:
"(3) The law shall also not apply to a staff member who, during the relevant period, was an employee of an employer who is insolvent and, at the same time, was its statutory body or a member of its statutory body and had at least half of the participation of that employer. '
Paragraph 3 shall become paragraph 4.
2. In Article 3 (a), the words "during the six months preceding the month in which the insolvency application was lodged (" the relevant period ')' are replaced by "during the relevant period '.
3. In Article 3, the words "the relevant period shall be the calendar month in which the moratorium was declared before the insolvency proceedings or in which insolvency proceedings were submitted, as well as the 3 calendar months preceding that month and the 3 calendar months following that month."
4. In Article 3 (c), the words "after the date on which" the words "the moratorium was declared on him before the opening of insolvency proceedings or after the date on which" shall be added.
5. In the first sentence of Article 4 (4), the words "the declaration of a moratorium prior to the opening of insolvency proceedings or 'shall be inserted after the words" the notification'.
6. In Article 4 (5), the words "1 months from the date 'shall be replaced by the words" 5 months and 15 calendar days after the date' and the sentence of the second sentence shall be replaced by the words "If the moratorium declared before the start of insolvency proceedings or the court has decided on the insolvency application other than by the decision on insolvency 5), the wage entitlements may be applied at the latest on the date of the death of the moratorium or on the day of the legal authority of the court '.
7. Paragraph 5 (1) reads as follows:
"(1) Wage entitlements may be exercised by the staff member up to a maximum of 3 calendar months of the relevant period, corresponding to the wage claims payable. After satisfying at least a part of the wage entitlements claimed, the employment office may not satisfy the additional wage entitlements of the staff member claimed against the same employer until 12 months after the date of issue of the wage claim order. '
8. In Article 5 (2), the words "the declaration of a moratorium before the opening of insolvency proceedings or on the day 'shall be inserted after the words" the day'.
9. In the second sentence of Article 6, the words "the period for which they are requested 'are replaced by the words" the calendar month of the relevant period for which they claim wage entitlements'.
10. At the end of Paragraph 6, the sentence "In the application of wage entitlements, the staff member shall be obliged to prove the duration of the employment relationship or employment agreement."
11. in Paragraph 7 (2):
"(2) Where the rights and obligations of the employer in respect of employees are exercised by the interim administrator or insolvency administrator (hereinafter referred to as" the AIFM "), the employer's obligations referred to in paragraph 1 shall pass on to him. ';
12. The following Section 8a is inserted after Section 8:
(1) If the staff member has applied wage entitlements and the employer or administrator has confirmed the staff member's wage entitlements, including amounts which cannot be regarded as wage entitlements under this law, the employment office shall deduct these amounts from the total amount of wage entitlements applied and the remainder of the wage entitlements shall be allocated to the staff member.
(2) The Office of Labour shall transmit to the Institute the order for payment of the wage entitlements awarded no later than 5 working days after the date on which the decision to grant them is taken. "
13. in Article 9 (1) and (4), the words "the declaration of a moratorium before the start of insolvency proceedings or at the date" shall be inserted after the words "the date";
14. in Paragraph 9 (7), the words "3 months from the date on which the insolvency application is lodged" shall be replaced by the words "15 working days from the date on which the decision referred to in paragraphs 1 to 4 is delivered to him."
15. in Article 10 (1), "§ 9" is replaced by "§ 8a and 9";
16. In paragraph 12 of the introductory part of the provisions of paragraph 2, the words "within 3 weeks of the date of the acquisition of legal power of the decision by which the court" shall be replaced by "in cases where the court is final."
17. in Article 12 (2), point (c) is replaced by a comma at the end of the text.
18. In Paragraph 12, the words "within 15 working days of the date on which the Office of Labour was requested to pay for them 'shall be added at the end of the text of paragraph 2.
19. In Article 12, the following paragraph 3 is inserted after paragraph 2:
"(3) The employer shall also be obliged to pay to the employment office the funds paid to the staff under this law and the amounts corresponding to the deductions and contributions made by the employment office under special legislation, where the moratorium declared prior to the start of insolvency proceedings has ceased without the initiation of insolvency proceedings within 15 working days of the date on which the employment office was requested to pay them. ';
Paragraph 3 shall become paragraph 4.
20. in Paragraph 12 (4), "paragraph 1" is replaced by "paragraphs 2 and 3."
21. in Paragraph 14a, the current text shall become paragraph 1 and the following paragraph 2 shall be added:
"(2) State authorities, municipalities and counties and their authorities, other legal and natural persons, at the request of the competent employment office, shall communicate, without delay and free of charge, the data relevant to the satisfaction of workers' wage entitlements under this law; they may do so in a way that allows remote access. ';
22. In Article 15, "§ 9 'is replaced by" § 8a, 9' and "§ 7 'is replaced by" § 7 and 12'.
Transitional provisions
1. Applications by employees to satisfy the wage entitlement lodged before the date of entry into force of this Act shall be decided by the competent employment office in accordance with the existing legislation.
2. An employer's employee who, during the period from 1 September 2008 until the date of entry into force of this Act, has been submitted an insolvency proposal or has been declared a moratorium before the start of insolvency proceedings and who was unable to claim the wage entitlements due to failure to comply with the conditions laid down by Act No. 118 / 2000 Coll., as effective from the date of entry into force of this Act, may request the employment office to satisfy them no later than 2 months after the date of entry into force of this Act, otherwise the right to satisfy them shall cease; in the case of such requests, the provisions of § 4 (5), first and second sentences of Act No. 118 / 2000 Coll., as effective from the date of entry into force of this Act, shall not apply. The relevant period for applications to satisfy wage entitlements submitted under this transitional provision shall be the calendar month in which the moratorium was declared prior to the opening of insolvency proceedings or in which insolvency proceedings were submitted and the six calendar months following that month. These applications will be decided by the Labour Office under Act No. 118 / 2000 Coll., as effective from the date of entry into force of this Act.
Amendment of the Law on judicial fees
Act No. 549 / 1991 Coll., on Judicial Charges, as amended by Act No. 271 / 1992 Coll., Act No. 273 / 1994 Coll., Act No. 36 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 151 / 1997 Coll., Act No. 209 / 1997 Coll., Act No. 227 / 1997 Coll., Act No. 72 / 2000 Coll., Act No. 112 / 2006 Coll., Act No. 115 / 2006 Coll., Act No. 151 / 1997 Coll., Act No. 255 / 2000 Coll., Act No. 451 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 152., Act No. 192.
1. in Article 11 (2) (r), the words "or the debtor with available authorisations" shall be inserted after the words "the insolvency administrator."
2. In the Annex to the Fee Box, entry 9 is deleted.
Amendment of the Law on Courts and Judges
In Article 42 of Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government of the Courts and on the amendment of certain other laws (Law on Courts and Judges), the sentence "The method of division of insolvency matters must be further established so that insolvency cases of debtors forming a group are discussed by the same judicial department."
Transitional provision
This law also applies to the calendar year 2009 work schedule. The President of the Court shall amend the schedule of work to comply with the requirements of § 42 (2) of Act No. 6 / 2002 Coll., as effective from the date of entry into force of this Act until the end of the calendar month following the month in which the Act took effect.
EFFECTIVE
This Law shall take effect on the day of its publication, with the exception of Article I (6), which shall take effect on 1 January 2012.
Wolf
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 217 / 2009 Coll., amending Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.07.2009 |
|---|---|
| Effective from | 20.07.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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