Decree No. 253 / 2024 Coll.
Decree amending Decree No. 313 / 2007 Coll., on the remuneration of the insolvency administrator, on the reimbursement of his final expenses, on the remuneration of members and alternates of the creditor committee and on the reimbursement of their necessary expenses, as amended
Valid
Order
Effective from 01.10.2024
Text versions:
01.10.2024
03.09.2024
253
DECLARATION
of 27 August 2024
amending Decree No 313 / 2007 Coll., on the remuneration of the insolvency administrator, on the reimbursement of his final expenses, on the remuneration of members and alternates of the creditor committee and on the reimbursement of their necessary expenses, as amended
The Ministry of Justice provides, pursuant to Articles 38 (2) and (8), 136 (3) and (5), 406 (3) (g) and 431 (b) of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act), as amended by Act No. 108 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 217 / 2009 Coll., Act No. 69 / 2011 Coll., Act No. 294 / 2013 Coll., Act No. 64 / 2017 Coll., Act No. 31 / 2019 Coll., and Act No. 252 / 2024 Coll.:
Decree No. 313 / 2007 Coll., on the remuneration of the insolvency administrator, on the reimbursement of his final expenses, on the remuneration of members and alternates of the creditor committee and on the reimbursement of their necessary expenses, as amended by Decree No. 488 / 2012 Coll., Decree No. 398 / 2013 Coll. and Decree No. 133 / 2019 Coll., shall be amended as follows:
1. In Section 2a, the words "If the debtor's bankruptcy or reorganisation is a solution, they are for the insolvency administrator 'are replaced by the words" the insolvency administrator belongs'.
2. in Article 3 (2) (a), the number "750" is replaced by "1 650" and after the word "do" the words "decision on the approval of the debt waiver and CZK 750 for each calendar month beginning after approval of the debt waiver" are inserted.
3. In Article 3 (3), the dot at the end of point (b) is replaced by a comma and the following point (c) is added:
"(c) reduce by one-third the duration of the extension of the divestment period under Paragraph 412b (6) of the insolvency law."
4. In Article 3, the following paragraph 4 is inserted after paragraph 3:
"(4) If the debtor's insolvency is a solution to the debt relief by fulfilling the repayment schedule with the redemption of the assets or if the debt is not approved, the remuneration of the insolvency administrator pursuant to § 2a, § 3 (2) (a) and (3), or increased by value added tax, shall not exceed the sum of the advances paid by the debtor to the remuneration of the insolvency administrator. The remuneration of the insolvency administrator pursuant to § 2a, § 3 (2) (a) and § 3 (3) shall be CZK 20,000 and, in the case of debt relief authorised on the basis of the joint proposal of the spouses, CZK 30,000, does not reach the sum of the advances paid by the debtor to the remuneration of the insolvency administrator of this amount and submitted a report to the insolvency administrator for derecognition."
Paragraph 4 shall become paragraph 5.
5. the following Section 7a is inserted after Section 7, including the title:
Maximum allowable amount of wage reduction and minimum amount of advance payment
(1) In the period from the decision to authorise debt relief to the decision to authorise debt relief, the maximum allowable amount of the wage reduction under Section 136 (3) of the Insolvency Act and the lowest amount of the advance under Section 136 (5) of the Insolvency Act shall be CZK 1,800 per month and, in the case of debt relief authorised under the joint proposal of spouses, CZK 2,700 per month.
(2) In the period after the completion of the repayment schedule, the maximum permissible amount of the wage reduction pursuant to Section 406 (3) (g) of the Insolvency Act shall be CZK 10,000 per month and, in the case of debt relief authorised on the basis of the joint proposal of spouses, CZK 15,000 per month.
(3) The amounts referred to in paragraphs 1 and 2 shall be increased by value added tax if the insolvency administrator is its payer. "
6. In Paragraph 8, the sentence "If the debtor's insolvency is settled by the payment schedule with the payment of the property or if the debt is not approved, the remuneration of the insolvency administrator shall be paid by the State to a maximum of CZK 20 000 and, in the case of debt, authorised on the basis of the joint proposal of the spouses."
Transitional provision
Insolvency proceedings initiated prior to the date of entry into force of this Order shall be governed by Decree No. 313 / 2007 Coll., as effective before the date of entry into force of this Order.
Efficacy
This decree shall take effect on the first day of the calendar month following its publication.
Minister of Justice:
JUDr. Blažek, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 253 / 2024 Coll., amending Decree No. 313 / 2007 Coll., on the remuneration of the insolvency administrator, on the reimbursement of his final expenses, on the remuneration of members and alternates of the creditor committee and on the reimbursement of their necessary expenses, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.09.2024 |
|---|---|
| Effective from | 01.10.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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