Act No. 252 / 2024 Coll.
Act amending Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 119 / 2001 Coll., laying down rules for cases of parallel enforcement of decisions, as amended, Act No. 120 / 2001 Coll., on judicial enforcement and enforcement activities (Enforcement Order) and amending other laws, as amended, and Act No. 312 / 2006 Coll., on insolvency administrators, as amended
Valid
Law
Effective from 01.10.2024
Zobrazeno prvních 200 z celkem 301 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
252
THE LAW
of 10 July 2024
amending Act No 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, Act No 99 / 1963 Coll., the Civil Code, as amended, Act No 119 / 2001 Coll., laying down rules on cases of parallel enforcement of decisions, as amended, Act No 120 / 2001 Coll., on judicial enforcement and enforcement activities (execution order) and amending other laws, as amended, and Act No 312 / 2006 Coll., on insolvency administrators, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of insolvency law
Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 06, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15, Act No. 20 / 2011, Act No. 20, Act No. 20, Act No. 20 / 2011, Act No. 20, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20, Act No. 20, Act No. 20 / 2011, Act No. 20, Act No.
1. In Article 1, the words "incorporating the relevant European Union75 regulations' shall be inserted after the words" the law '.
footnote 75 reads:
"(75) Directive (EU) 2019 / 1023 of the European Parliament and of the Council of 20 June 2019 on the framework for preventive restructuring, deleveraging and bans of activities and measures to improve the effectiveness of restructuring, insolvency and debt procedures and amending Directive (EU) 2017 / 1132 (Restructuring and insolvency directives).";
2. In Article 36 (2), the second sentence is replaced by the following: "The insolvency practitioner shall submit to the creditor authority and the insolvency court at least every 3 months a written report on the state of insolvency proceedings, unless the insolvency court determines another submission period not exceeding 12 calendar months."
3. In Paragraph 36, the sentence "The written report for the exemption of the insolvency administrator shall be submitted without undue delay upon fulfilment of the assumptions set out in § 412a, but no later than without undue delay after the end of the debt relief period pursuant to § 412a, possibly extended by the period of interruption or extension of the debt relief period pursuant to § 412b. ';
4. In Article 36 (3), the words "the extension of the derecognition process pursuant to Article 412b (6) 'shall be inserted after the words" the justification' and the words "the extension of the derecognition period or 'shall be inserted after the word" the recommendation'.
5. In Paragraph 36, the following sentence is added at the end of paragraph 3: "After the expiry of every 12 months of the execution of the approved debt relief, on the basis of the facts set out in the reports on the state of insolvency proceedings submitted at that time, an extension of the debt relief or cancellation of the approved debt relief may be proposed within two months. The proposals submitted later shall not be taken into account. On expiry of that period, the insolvency court shall decide on timely submissions without undue delay. '.
6. In Article 36 (4), the words "the report on compliance with the debt relief 'are replaced by the words" the exemption report'; the words "material 'are inserted after the word" all'; the words "the decision on compliance with the debt relief 'are replaced by the words" the decision on the exemption provided for in Article 414, the extension of the debt relief or the cancellation of the approved debt relief and for what reasons'.
7. In Paragraph 36, at the end of paragraph 4, the following sentence is added: "Within 2 months of the submission of the exemption report, an extension of the debt relief or cancellation of the approved debt relief may be proposed. The proposals submitted later shall not be taken into account. On expiry of that period, the insolvency court shall decide on timely submissions without undue delay. '.
8. In Paragraph 36 (6), "5 'is replaced by" 6'.
9. In Paragraph 38 (1), the third sentence is deleted.
10. In Article 38 (6), the words "due for the period of performance of the repayment schedule 'shall be inserted after the words" reimbursement of expenditure'.
11. In Paragraph 38, the following paragraph 7 is inserted after paragraph 6:
"(7) The insolvency court shall require the debtor to pay the amount paid to the insolvency administrator in the decision closing insolvency proceedings if the insolvency practitioner's remuneration and final expenses are the way in which the insolvency practitioner's insolvency proceedings are settled. The administration of this refund shall be governed by the tax rules. ';
Paragraph 7 shall become paragraph 8.
12. In Article 43 (1), the words ", credit providers" and the words "carriers" shall be inserted after the word "institutions," as well as the employers of the debtor who were in a primary employment relationship with the debtor during the 12 months preceding the initiation of the insolvency proceedings or the duration of the effects linked to the initiation of the insolvency proceedings until the granting of the exemption pursuant to Article 414, "shall be inserted after the word" institutions. "
13. in Paragraph 44 (1), the following point (a) is inserted:
"(a) the social security authorities shall communicate to the insolvency administrator the income of the debtor due for the period 36 months prior to the opening of the insolvency proceedings and for the duration of the effects associated with the opening of the insolvency proceedings until the granting of the exemption provided for in Article 414."
Points (a) to (g) shall be renumbered (b) to (h).
14. in Article 44 (1), the following point (d) is inserted after point (c):
"(d) credit providers shall communicate to the insolvency administrator data on the debtor's income established in the assessment of its ability to repay the credit;"
Points (d) to (h) shall be renumbered as points (e) to (i).
15. In Paragraph 44, at the end of paragraph 1, the dot is replaced by a comma and the following point (j) is added:
"(j) employers shall communicate to the insolvency administrator data on the debtor's income for the period referred to in Article 43 (1).";
16. In Article 75 (2), the words "persons entitled to appeal 'are deleted and the words" personally' are inserted after the word "something '.
17. In Paragraph 109 (1) (c), the following sentence is inserted after the second sentence: "For creditors' claims on maintenance arising from the law following the opening of insolvency proceedings, however, enforcement or execution may be carried out by means of wage cuts until the declaration of bankruptcy or approval of the debt, unless the insolvency court decides otherwise on grounds of reasonable doubt that such enforcement of the decision or execution follows abuse of the right at the expense of other creditors."
18. in Paragraph 136 (2) (f), "30 days" is replaced by "2 months."
19. in Paragraph 136, the following paragraph 3 is inserted after paragraph 2:
"(3) In the decision on insolvency linked to the decision on the authorisation of the debt relief, or at any time after the authorisation of the debt relief, the insolvency court shall order the payer of the wages or other income of the debtor to make reductions in order to pay the advance on the remuneration and final expenses of the insolvency practitioner due for the period until the approval of the debt relief. The salary or other income payer shall make reductions to the extent that priority claims may be met in the enforcement of the decision, but not more than the amount laid down in the implementing act; Articles 391 (2) and 398 (5) shall apply mutatis mutandis. If the amount withheld is not sufficient to cover the advance, such haircuts shall also affect the funds subject to collateral under Paragraph 109 (2). '
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
20. In Article 136, at the end of the text of paragraph 5, the words "at least the minimum amount laid down in the implementing legislation, to the extent that the funds obtained under the procedure referred to in paragraph 3 are not sufficient to cover such advances' shall be added.
21. in Article 390a (5), the text "paragraph 3" is replaced by "paragraph 2 (d)."
22. in Article 391 (1) (b), the words "the ability and ability of the debtor to pursue a gainful activity and data" shall be inserted after the words "the particulars."
23. In Paragraph 391, the following paragraph 3 is inserted after paragraph 2:
"(3) A debtor who proposes a debt relief by fulfilling a repayment schedule with the payment of an asset, may attach a binding undertaking to the application for authorisation of a debt relief that, if he does not allow the status of the property or the statutory monthly instalment to satisfy the full amount of the claim referred to in Article 395 (1) (b), he shall, provided that he does not thereby jeopardise the satisfaction of his basic material needs or the needs of persons referred to him by means of nutrition, pay such claims in whole or in part, from a basic amount which may not be deducted from his monthly salary or other income which cannot be penalised by the execution of the decision or execution."
Paragraph 3 shall become paragraph 4.
24. in Article 392 (1), point (c) is deleted;
Point (d) shall be renumbered (c).
25. in Paragraph 392, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
26. in Article 395 (1) (b), the words "due for the repayment period" shall be inserted after the words "receivable."
27. in Article 395 (3), "10" is replaced by "12."
28. In Paragraph 395 (6), "6 'is replaced by" 5'.
29. in Article 398 (3), the words "to meet the debt relief" shall be replaced by the words "for exemption."
30. In Article 398 (4), the sentence "The remuneration and expenses of the insolvency practitioner due for the period until the approval of the debt is to be met only after the full satisfaction of all claims under the third sentence has been completed after the third sentence."
31. in Paragraph 398 (5), the last sentence is deleted;
32. In Paragraph 398a (2), the words "designated with regard to the ability, possibilities and assets of the debtor 'are inserted after the words" unsecured creditors' and the number "4 'is replaced by" 5'.
33. in Paragraph 398b (1), the words "to meet debt" shall be replaced by the words "for exemption."
34. in Paragraph 398b (4), the words "If the advance payment of the debtor cannot be determined in accordance with the procedure referred to in paragraph 3," shall be replaced by the words "advance payment may also be determined with the consent of the debtor," the words "and expenditure" shall be inserted after the word "start-up" and the word "generally" shall be inserted.
35. in Paragraph 398b (5), the word "neither" shall be deleted and the word "paragraph" shall be replaced by "paragraph 3 a."
36. In Paragraph 398b (6), the first sentence is replaced by the following: "The debtor is required to submit to the insolvency administrator, at the end of each 12 calendar months at the 15th day of the following calendar month, documents certifying his or her actual income and expenditure, including extracts from accounts, as well as accounts or tax records and income tax returns for the last tax period under the special legislature (73) or, where appropriate, other documents; This obligation shall not be given to the debtor following the report of the insolvency administrator on the basis of which the insolvency court decides on the exemption under Paragraph 414. '
37. in the second sentence of Article 398b (6), the word "established" shall be deleted and the words "determined from the difference between the income actually obtained and the expenditure actually incurred" shall be inserted after the words "tax period."
38. In Article 398b, at the end of paragraph 6, the sentence "If the advance payment has been determined in accordance with the procedure laid down in paragraph 3 or 4, the insolvency court, acting on a proposal from the debtor or the insolvency administrator, shall determine the advance payment or reference deduction, if it becomes clear that the income actually obtained and the expenditure actually incurred by the debtor is substantially different from the expected revenue and expenditure which was decisive in determining the advance payment; Paragraph 407 (3) shall apply mutatis mutandis. ';
39. in Article 406 (3) (a), the words "to meet debt" shall be replaced by the words "for exemption."
40. in Paragraph 406 (3) (c):
"(c) determine the expected level of satisfaction of unsecured creditors with regard to the ability, possibilities and ownership ratios of the debtor and the average amount of the monthly instalment necessary to achieve that rate at the time referred to in Article 412a (1),";
41.In Article 406 (3) (e), the words "property, mutatis mutandis referred to in paragraph 2 (b)," shall be replaced by the words "him."
42. In Paragraph 406, at the end of paragraph 3, the dot is replaced by a comma and the following point (g) is added:
"(g) require the debtor to pay, for a period of 2 months after the exemption report, advances on remuneration and expenses incurred by the insolvency administrator and to order the payer of the debtor's wages to make reductions in order to cover such advances; Paragraph 136 (3) shall apply mutatis mutandis. ';
43. In Article 406 (4), the words "the debtor, if the appeal against the operative part referred to in paragraph 3 (c)," shall be inserted after the words "also."
44. in Article 407 (3), the text "(b)" is replaced by "(c)" and the word "only" is replaced by the words "debtor or."
45. In Paragraph 409, the sentence "The basic amount which must not be deducted from the monthly salary and other income which cannot be affected by the execution of a decision or execution shall be added to the end of paragraph 1, in so far as it does not jeopardise the satisfaction of its basic material needs or the needs of persons dependent on it by means of nutrition '.
46. in Paragraph 412 (1), the introductory part of the provision reads:
"From the date on which the approval of the debt relief took effect by fulfilling the repayment schedule with the payment of the property until the date on which the conditions for the exemption under Paragraph 412a were met or the debt relief was cancelled, the debtor shall be obliged '.
47. in Paragraph 412 (1) (d):
"(d) at the end of each three calendar months on the 15th day of the following calendar month, provide the insolvency court with an overview of its income for the previous months, unless the insolvency court determines another submission period not exceeding 12 calendar months; the insolvency court may also provide that the statement of revenue shall be submitted by the debtor only to the insolvency administrator, who shall accompany it with the nearest report on the state of insolvency proceedings and shall comment on its content; ';
48. In Paragraph 412, the following paragraph 2 is inserted after paragraph 1:
"(2) As from the date on which the conditions for the exemption under Paragraph 412a were met, until taking note of the fulfilment of the debt relief, the debtor shall be obliged to provide the insolvency administrator with synergies to the extent necessary to monetize the assets not yet purchased if they belong to the assets. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
49. In Article 412, at the end of paragraph 3, the sentence "The insolvency administrator shall inform the debtor without undue delay of the failure to fulfil the essential obligations arising from the debt relief."
50. In Paragraph 412, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) The insolvency court shall take into account the ability, possibilities and assets of the debtor when assessing whether the debtor makes all the effort that can be reasonably required of the debtor to satisfy its creditors' claims in full and whether he carries out an appropriate gainful activity. In assessing the ability, possibilities and ownership ratios of the debtor, it is also necessary to examine whether the debtor has given up on a more favourable job or gainful activity or whether he is not taking excessive property risks without an important reason. The Ministry shall publish information concerning the assessment of the ability and ability of the debtor to pursue a gainful activity in a way that allows remote access. The debtor shall be deemed not to have properly complied with the obligation to seek income unless, in the case of unemployment, he has applied within 15 days to be entered in the register of jobseekers or if he has been withdrawn or has been definitively excluded from that register.
(5) The debtor shall inform the insolvency administrator of the efforts he has made to fulfil his obligations under paragraph 1 (a) and (h). The insolvency practitioner shall invite the debtor to do so no more than once every 3 months in the event of a decrease in the average of the debtor's income over the last 3 months in relation to the value resulting from the decision approving the debt relief by more than a quarter or a decrease in the expected rate of satisfaction of unsecured creditors over the value specified in the decision approving the debt relief by more than a quarter. The insolvency practitioner shall comment on the relevant information communicated by the debtor in the status report. ';
Paragraph 4 shall become paragraph 6.
51. In the first sentence of Article 412 (6), the words "after the duration of the effects' are replaced by the words" from the date on which the effects occurred '; the words "after the word" substance' shall be inserted after the word ", into the legal power of the decision on exemption under Paragraph 414 '; and in the last sentence, the words" after the effects of approval of the debt relief' shall be deleted.
52. In Section 412a, the word "debt relief 'is replaced by" conditions for exemption'.
53. In Paragraph 412a (1) of the Introductory Part of the provision, the word "Deferred" is replaced by the word "Repayment" and the words "met" are replaced by the words "the conditions for the exemption of the debtor from payment of the debt included in the debt to the extent that they have not yet been satisfied."
54. in Article 412a (1), the word "or" shall be added at the end of point (a).
55. in Article 412a (1), point (b) is deleted;
Point (c) shall be renumbered (b).
56. In Paragraph 412a (1) (b), the number "5" is replaced by "3" and the words "and the debtor has not broken his obligation to make all the effort that he could reasonably be required to satisfy his creditors' claims; it shall be deemed not to have infringed that obligation if at that time it has repaid at least 30% of its claims to unsecured creditors'," and if the debtor has fulfilled during that period all the essential obligations arising from the debt relief by fulfilling the repayment schedule with the payment of the property; it shall be deemed to have complied with those obligations if it has achieved the expected level of satisfaction of unsecured creditors identified by the insolvency court in the decision approving the debt relief '.
57. in Paragraph 412a (2):
"(2) In the event that the insolvency court has not yet been satisfied, the conditions for exempting the debtor from the payment of the debt included in the debt are met in the debt by the redemption of the assets.
(a) has received the report of the insolvency administrator on the implementation of the schedule order and the debtor has duly complied with all the essential obligations laid down in the decision approving the debt relief; or
(b) he has not received the report of the insolvency administrator on the implementation of the schedule order and three years have elapsed since the approval of the divestment if the debtor has fulfilled all the essential obligations laid down in the decision approving the divestment and if the debtor has not been decommitted during that period. "
58. in Paragraph 412a (3):
"(3) Where an exemption under Paragraph 414 has been granted to the debtor in the last 20 years prior to the application for authorisation for debt relief, the period referred to in paragraph 1 (b) shall be 5 years. ';
(59) In Paragraph 412a, paragraphs 4 to 6 are deleted.
60. In the first sentence of Paragraph 412b (1), the words "up to 1 year 'are replaced by" up to 12 months' and the third sentence is deleted.
61. in Article 412b (2), "(d)" is replaced by "(c)";
62. In the third sentence of Paragraph 412b (5), the word "such" shall be inserted after the word "cannot" and in the fourth sentence the word "such" shall be inserted after the word "o."
63.In Article 412b, paragraphs 6 and 7 are added:
"(6) The insolvency court may extend the period referred to in Article 412a (1) (b) by the number of months in which the debtor did not fulfil the essential obligations arising from the debt relief by fulfilling the repayment schedule with the redemption of the assets, in particular the obligations under Article 412 (1) (a) or (h). The divestment process may be extended again and again, but not more than 12 months. Moreover, due to special consideration, the debt relief process can be extended by up to a further 6 months in total.
(7) The insolvency court will not extend the defaulting process if, in view of all the circumstances, it is reasonable to assume that the extension of the defaulting period will not satisfy claims other than remuneration and the final expenses of the insolvency administrator. "
64. In the first sentence of Paragraph 413 (1), the words "or it shall decide not to comply with the debt 'shall be deleted.
65.In Article 413 (2) and (3):
"(2) The insolvency court shall decide on the fulfilment of the debt relief provided that the conditions for the exemption provided for in Paragraph 412a have been fulfilled and that the procedure laid down in this Act on the final report and the bankruptcy schedule have been completed.
(3) The insolvency court shall decide on the payment of the debt by fulfilling the repayment schedule with the payment of the assets of the insolvency court if the conditions for the exemption under Paragraph 412a have been fulfilled and the procedure laid down in Paragraph 409 (2) has been completed if the assets subject to the debt relief are redeemed. It is also a prerequisite for the payment of the debt relief to be paid in cash to the creditor, where the subject of the security is monetized, and for the use of a return for extraordinary repayment in excess of the repayment schedule, where the case is monetized in accordance with § 412 (1) (b). '
66. In Article 413, paragraphs 4 to 6 are added:
"(4) The insolvency court shall not take notice of the repayment of the debt until after the end of the incident disputes pursuant to Article 159 (1) (b) to (d) and after a final decision on other matters relating to the extent of the property; This shall not apply where the results of such incident disputes and such decisions cannot affect the satisfaction of creditors or lead to the redemption of assets belonging to the property. The insolvency court shall not take notice of the repayment of the debt until the payment of the remuneration advance and the completed expenses of the insolvency administrator has been withdrawn or the exemption has been terminated pursuant to Paragraph 414.
(5) The insolvency court may also decide, on a proposal from the insolvency administrator, not to take into account the execution of the debt relief before the end of the incident disputes pursuant to Article 159 (1) (a) and (e) to (h), provided that their results can substantially affect the satisfaction of creditors.
(6) If the conditions for the granting of the exemption under Paragraph 414 and the conditions for the granting of the debt relief are met at the same time, the insolvency court may combine those decisions. '
67. In the first sentence of Article 414 (1), the words "the insolvency court shall decide to settle the debt and the debtor shall fulfil all obligations under the approved debt relief scheme in due time, the insolvency court shall join the decision to settle the debt" shall be replaced by the words "the conditions for exemption under Article 412a have been met, the insolvency court shall issue the insolvency court."
68. In Paragraph 414, the following paragraphs 2 to 4 are inserted after paragraph 1:
"(2) If the insolvency administrator has not recommended a decision to exempt the debtor under paragraph 1, the insolvency court shall state in the statement of reasons for which it exempted the debtor.
(3) The exemption provided for in paragraph 1 shall not prevent the redemption of assets which have not yet been redeemed where they belong to the property and the satisfaction of creditors' claims on the proceeds of the redemption in accordance with the approved method of derecognition.
(4) The decision on exemption referred to in paragraph 1 shall be without prejudice to any restrictions on the debtor which occurred prior to its issue in the course of insolvency proceedings by law or by decision of the court, unless otherwise provided for by that law. However, the effects referred to in Article 408 (1) and the existing restrictions on assets which have not yet been monetized shall continue to exist if they fall within the property. The effects of Paragraph 109 (1) (c) and (d) shall be applied to the execution of the decision or to the execution of the wage haircuts during the period of payment of the advance on the remuneration and final expenses of the insolvency administrator; This shall not apply if it has come to be withdrawn or the end of the liberation. ';
Paragraphs 2 to 4 shall be renumbered paragraphs 5 to 7.
69. In Paragraph 414 (6), "2 'is replaced by" 5'.
70. In Paragraph 414 (7), "the termination of insolvency proceedings' is replaced by" the exemption provided for in paragraph 1 '.
71.In Paragraph 414, the following paragraph 8 is added:
"(8) If, following the report of the insolvency administrator for the exemption, the conditions for the granting of a decision to exempt the debtor pursuant to § 414 are not met, the insolvency court shall issue a decision requiring the debtor to repay the amount of his income to unsecured creditors on a monthly basis in accordance with § 398 (3). The insolvency administrator shall deposit the amounts in question in a separate account in accordance with Article 36 (5) until such time as this decision becomes final. '
72. In Paragraph 416 (1), the words "claims on remuneration and expenses incurred by the insolvency administrator 'shall be inserted after the words" obligations'.
73.In Article 416 (2), the first and last sentences are deleted.
74. In Article 417 (1), the words "or the insolvency administrator 'shall be inserted after the words" creditors', the words "its' shall be deleted and the words" exemption under Article 414 'shall be inserted after the words "final return'.
75. in Paragraph 417, the following paragraph 2 is inserted after paragraph 1:
"(2) The exemption provided for in Section 414 of the insolvency court shall also withdraw the debtor if, at the time of taking note of the fulfilment of the debt relief, but within a maximum of 3 years of the final granting of the exemption,
(a) the debtor has seriously or repeatedly infringed the obligation to cooperate pursuant to Article 412 (2); or
(b) the circumstances on the basis of which it can reasonably be assumed that an unfair intention has been followed by the debt. "
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
76. In Article 417 (3), the word "him" is replaced by "the granting of an exemption under Article 414."
77.In Article 417 (4), "2" is replaced by "3."
78. In Article 417 (5), "1 to 3 'is replaced by" 1, 3 and 4';
79. In Paragraph 417, at the end of paragraph 5, the sentence "An appeal against a decision given pursuant to paragraph 2 may be lodged only by the debtor."
80. In Paragraph 418 (1) (c), the words "as a result of failure to comply with a third party's obligation to provide services for property, contrary to the binding promise referred to in Article 391 (3), or as a result of an increase in the basic amount which may not be deducted from the monthly salary in the course of the execution of the decision," shall be inserted after the word "guilty."
81. in Article 418 (2), "(c)" is replaced by "(b)";
82. in Paragraph 418, the following paragraph 3 is inserted after paragraph 2:
"(3) The insolvency court shall not abolish the approved debt relief on the ground for which it shall extend the debt relief under Paragraph 412b (6)."
Paragraphs 3 to 8 shall be renumbered paragraphs 4 to 9.
83. In Paragraph 418 (6), "4 'is replaced by" 5'.
84. In Paragraph 418 (7), "5 'is replaced by" 6'.
85. In the first sentence of Paragraph 418 (8), the number "3 'is replaced by" 4' and the words "does not take note of the fulfilment of the debt relief 'are replaced by the words" does not decide to grant an exemption under Paragraph 414'.
86. In Paragraph 418 (9), "3 'is replaced by" 4' and "7 'is replaced by" 8'.
87. In Paragraph 425, the following paragraph 2 is inserted after paragraph 1:
"(2) The insolvency court shall remove the debtor from the list of debtors and the details thereof from the insolvency register after three years from the legal authority of the decision on the exemption provided for in Article 414, but first after the decision on the enforcement pursuant to Article 413 has become final."
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
(88) In Article 431 (a), the words "exemption reports" shall be inserted after the words "defaulting,"
(89) In Article 431 (b), the words "and conditions" shall be replaced by the words "the maximum allowable amount of the wage reduction referred to in Articles 136 (3) and 406 (3) (g), the minimum amount of the advance referred to in Article 136 (5) and the conditions."
Transitional provisions
1. Insolvency proceedings initiated before the date of entry into force of this Act shall apply to Act No. 182 / 2006 Coll., as effective before the date of entry into force of this Act.
2. Paragraphs 75 and 109 (1) (c) of Act No. 182 / 2006 Coll., as effective from the date of entry into force of this Act, shall also apply to 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.
3. Paragraph 412a (3) of Act No. 182 / 2006 Coll., as effective from the date of entry into force of this Act, does not apply to debtors who were exempted from payment of debt claims included in debt to the extent that they were not satisfied in the proceedings initiated before the date of entry into force of this Act.
Amendment of the Civil Code
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 110 / 1995 Coll. Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2001 Coll., Act No. 31 / 2002 Coll.
1. In the second sentence of Paragraph 40 (1), the words "shall be kept on a durable medium of data, which shall be deleted."
2. Paragraph 102a (2) reads as follows:
"(2) The action may be carried out by means of videoconferencing equipment provided that proper verification of the identity of the person to whom the action relates is ensured. In the event of an interview, particular care shall be taken to ensure that the person questioned is not exposed to undue influence at the place where he is located. ';
3. In the second sentence of Paragraph 164, the word "in 'is replaced by" in paper.'
4. In Section 279, paragraphs 4 to 7, including footnote 110, are added:
"(4) Two thirds of the remainder of the net wage calculated in accordance with the first sentence of paragraph 1 shall be deducted at all times,
(a) where at least four execution decisions are ordered at the same time for the wage payable to the debtor, and
(b) the order on the enforcement order or the order containing the notification of the enforcement regulation (Paragraph 294 (3)) has been served on the payer's salary.
(5) Paragraph 4 shall not apply,
(a) if the obliged payer demonstrates that he has been awarded an old-age pension, an invalidity pension for a second or third degree invalidity or an orphan's pension, and
(b) if one third of the remainder of the net wage does not reach an amount equal to the sum of the monthly final expenses and the monthly remuneration of the insolvency practitioner due in defaulting for the repayment period plus value added tax 110).
(6) In the procedure referred to in paragraph 4, the second third shall be added to the first third; However, if priority claims are recovered in the enforcement of the decision referred to in paragraph 4, the second third shall be satisfied first in accordance with the procedure laid down in Article 280 (2) and the remainder shall be added to the first third.
(7) If the debtor ceases to comply with the condition laid down in paragraph 5 (a), he shall notify the payer of the salary without delay.
110) Articles 3 (2) (a) and 7 (4) of Decree No 313 / 2007 Coll. '.
5. In Article 280 (2), the words "or Article 279 (4) and (6) 'shall be inserted after the words" Paragraph 279 (1)'.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 252 / 2024 Coll., amending Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, Act No. 99 / 1963 Coll., the Civil Code, as amended, Act No. 119 / 2001 Coll., laying down rules on cases of parallel enforcement of decisions, as amended, Act No. 120 / 2001 Coll., on judicial execution and enforcement activities (execution order) and amending other laws, as amended, and Act No. 312 / 2006 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.09.2024 |
|---|---|
| Effective from | 01.10.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 491
Public Contracts 5
Smlouva podle obč. zák. - Obnova majetku po povodni v Krnově – Smetanovy sady – PD
Město Krnov
ZAHRADA Olomouc s.r.o.
445 280 CZK
28.11.2025
Smlouva o dílo - Stavební úpravy DS Krnov - projektová dokumentace k provádění stavby v rámci akce &...
Domov pro seniory Krnov
Petr Kovařík
1 125 300 CZK
21.10.2025
Smlouva o dílo - opravy - Obchodní dům Krnov, Hlavní nám. 2001/43 - stavební úpravy
Město Krnov
Ing. Miroslav Geryk
981 423 CZK
19.06.2025
Smlouva o dílo - opravy - Opravy po povodni – Městské divadlo Krnov - PD
Město Krnov
STAV MORAVIA spol. s r. o.
895 400 CZK
16.06.2025
D5 ke sml.na vybudování Informačního systému sociálního zabezpečení, jeho správa,provoz a rozvoj (DP...
Ministerstvo vnitra
Aricoma Digital s.r.o.
18.12.2024
Notifications
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0