Decree No. 254 / 2024 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 01.10.2024
Text versions:
01.10.2024
03.09.2024
254
DECLARATION
of 26 August 2024
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. 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. 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 Act, as amended by Decree No. 131 / 2019 Coll. and Decree No. 581 / 2020 Coll., are amended as follows:
1. In Section 1, at the end of point (p), the word "a 'is replaced by a comma and the following point (q) is inserted:
"(q) exemption reports; and '
Point (q) shall be renumbered as point (r).
2. in Article 17 (1), the following points (f) to (i) are inserted after point (e):
"(f) an indication of the payer of the salary or other income of the debtor;
(g) details of the ability and capacity of the debtor to pursue a gainful activity, in particular sex, age, highest education, the most important previous employment or pursuit of other gainful activities and the field of such activity, the place of residence and the place of employment and the possibility of commuting to or for the pursuit of other gainful activities, as well as other factors increasing or reducing the income potential of the debtor;
(h) an indication of whether the debtor has made a binding commitment under Paragraph 391 (3) of the Insolvency Act and, if he has made it, the debtor's statement on the assumption that, by fulfilling the binding commitment, he will not jeopardise the satisfaction of his basic material needs or the needs of persons dependent on him by nutrition;
(i) an indication of whether a third party has undertaken to provide a performance for the property of the debtor and, if it has committed, also the donor, the pension payer or other performance of the debtor, his name and address of residence, as well as the debtor's observations on the ability of the third party to fulfil such an obligation, ';
Points (f) to (p) shall be renumbered (j) to (t).
3. In Paragraph 17 (1) (n) (1), "10 'is replaced by" 20' and "final decision 'is deleted.
4. Paragraph 17 (2) (d) is deleted.
Points (e) to (i) shall be renumbered (d) to (h).
5. in Paragraph 18 (1), point (f) shall be deleted;
Points (g) to (x) shall be renumbered as points (f) to (w).
6. in Paragraph 18 (1), the following point (h) is inserted after point (g):
"(h) an indication of whether the debtor has made a binding commitment under Paragraph 391 (3) of the Insolvency Act and, if he has made it, the statement of the insolvent administrator to the assumption that, by fulfilling the binding commitment, the debtor will not jeopardise the satisfaction of its essential material needs or the needs of persons dependent on it by nutrition,";
Points (h) to (w) shall be renumbered (i) to (x).
7. in Article 18 (1) (i):
"(i) an indication of whether a third party has undertaken to provide a performance for the property of the debtor and, if it has committed, also the donor, the pension payer or other performance of the debtor, his name and address of residence, as well as the statement by the insolvency administrator of the ability of the third party to fulfil such an obligation, ';
8. In Paragraph 18 (1), at the end of point (p), the words "and the amount of the advance remaining to be paid and the indication of the payment of the minimum amount of such advance 'shall be added.
9. In Paragraph 18 (1), at the end of point (r), the words "and the average amount of the monthly instalment required to achieve this rate 'are added.
10. in Paragraph 18 (2) (b), "4" is replaced by "5."
11. in Article 21 (1), the words "the date of the opening of insolvency proceedings" shall be inserted at the beginning of point (d);
12. in Article 21 (1), the following points (g) to (k) are inserted after point (f):
"(g) an indication of whether the insolvency practitioner has made a call pursuant to Article 412 (5) of the insolvency law and, if it has done so, also the statement by the insolvency practitioner of the material information communicated by the debtor to that notice,
(h) an indication of whether the insolvency court has established that the debtor's income statement will be submitted only to the insolvency administrator and the statement by the insolvency administrator to the debtor's income statement;
(i) an indication of whether the debtor was unemployed and whether the debtor applied within 15 days for inclusion in the register of jobseekers, has withdrawn the application or has been definitively removed from the register, as well as an indication of the duration of the unemployment period;
(j) an indication of whether the debtor has not been able to repay the full amount for more than 3 months, or the claims under Paragraph 395 (1) (b) of the Insolvency Act, if they were incurred after the bankruptcy decision and, if not, also information on the facts under Paragraph 418 (1) (c) of the Insolvency Act;
(k) an indication of whether the insolvency practitioner is aware of the circumstances on the basis of which it can reasonably be assumed that an unfair intention is being followed by a debt waiver; ';
Points (g) to (l) shall be renumbered as points (l) to (q).
13. in Article 21 (1) (l), the words "to extend the debt and by what period or" shall be inserted after the word "proposed."
14. in Paragraph 21 (1), point (m) is deleted;
Points (n) to (q) shall be renumbered as points (m) to (p).
15. in Article 21 (1) (m), the words "anticipated and achieved" shall be inserted at the beginning of point 3 and the words "amounts received by unsecured creditors" shall be replaced by the words "amounts expected and paid to unsecured creditors";
16. In Article 21, the following paragraph 3 is added:
"(3) The Annex to the report on the execution of the debt is an overview of the debtor's income, if the insolvency court has established that the statement of income will only be submitted to the insolvency administrator. '
17. After Paragraph 21, the following Section 21a is inserted:
Report for exemption
The exemption report shall contain:
(a) the designation "exemption report,"
(b) the designation of the insolvency court and the file number under which the insolvency proceedings are conducted;
(c) the designation of the debtor;
(d) the date on which the decision to authorise debt relief was taken and the date on which the decision to authorise debt relief was taken;
(e) an indication of whether and during which period the debt has been interrupted or extended;
(f) the date of the last instalment of the repayment schedule;
(g) an indication of whether and when an invitation to the payer to stop the implementation of the precipitation has been sent,
(h) a report on the course of the debt relief, including a summary of the facts presented in the report on the performance of the debt relief relevant to the exemption decision under Section 414 of the insolvency law;
(i) an indication of the percentage of the satisfaction and the amount of the performance provided to the secured and unsecured creditors to cover their claims, including an indication of the percentage of the satisfaction and the amount of the performance foreseen by the decision approving the debt relief;
(j) an overview of the claims on property and those assimilated to them;
(k) an indication of the amount of the overpayment in instalments when the repayment schedule is completed;
(l) the assessment of the insolvency administrator as to whether the conditions for the exemption of the debtor from the payment of debts included in the debt to the extent that they have not yet been satisfied, in particular whether the debtor has properly complied with all the essential obligations arising from the debt relief and whether the insolvency administrator recommends that the exemption be decided under § 414 of the insolvency law, to extend the debt relief operation or to cancel the approved debt relief and for what reasons,
(m) an indication of whether the insolvency administrator recommends that the decision on the exemption under § 414 of the insolvency law be combined with the decision on the fulfilment of the debt relief and, if not recommended, an indication of the assumptions for the fulfilment of the debt relief under § 413 of the insolvency law which have not yet been fulfilled,
(n) the list of Annexes; and
(o) date and signature. ';
18.
Report on the fulfilment of the debt relief
The report shall include:
(a) the designation "Disclosure report,"
(b) the designation of the insolvency court and the file number under which the insolvency proceedings are conducted;
(c) the designation of the debtor;
(d) the date of the opening of insolvency proceedings, the date of the decision on insolvency, the date of the decision on the authorisation of the debt waiver, the date of the decision on the approval of the debt waiver and the date of the decision on the exemption of the debtor under Paragraph 414 of the insolvency law;
(e) the date on which the payer's call for revenue was sent to end the implementation of the precipitation;
(f) an indication of the percentage of the satisfaction and the amount of the performance provided to the secured and unsecured creditors to cover their claims, including an indication of the percentage of the satisfaction and the amount of the performance foreseen by the decision approving the debt relief;
(g) an indication of the amount of the excess to be repaid to the debtor;
(h) details of whether all assets belonging to the property of the debtor have been purchased in the debt relief;
(i) an overview of the claims on property and those assimilated to them;
(j) the calculation of the total remuneration of the insolvency administrator, the final expenses of the insolvency administrator, the remuneration of the insolvency administrator on the proceeds of the redemption of the assets subject to the collateral, and the remuneration of the insolvency administrator on the proceeds of the redemption to be distributed to an unsecured creditor established under another statutory provision (2), and an indication of whether the insolvency administrator is the payer of value added tax;
(k) the assessment of the insolvency administrator as to whether the conditions for the fulfilment of the debt relief under Section 413 of the insolvency law have been fulfilled;
(l) the list of Annexes; and
(m) date and signature. ';
Transitional provision
In insolvency proceedings initiated 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 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. 254 / 2024 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 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 | 03.09.2024 |
|---|---|
| Effective from | 01.10.2024 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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