What is Act No. 294 / 2013 Coll.?

Act No. 294 / 2013 Coll., amending Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, and Act No. 312 / 2006 Coll., on insolvency administrators, as amended — Act amending Act No. 182 / 2006 Coll., on bankruptcy and its methods of resolution (insolvency law), as amended, and Act No. 312 / 2006 Coll., on insolvency administrators, as amended.

When it became Act No. 294 / 2013 Coll. effectiveness?

Act No. 294 / 2013 Coll. became effective 01.01.2014.

Is Act No. 294 / 2013 Coll. still valid?

Yes, Act No. 294 / 2013 Coll. is still valid and effective.

How many times was it Act No. 294 / 2013 Coll. amended?

Act No. 294 / 2013 Coll. has 3 time versions of the text.

Act No. 294 / 2013 Coll. - Act amending Act No. 182 / 2006 Coll., o...

294

THE LAW

of 12 September 2013

amending Act No 182 / 2006 Coll., on bankruptcy and its methods of resolution (insolvency law), as amended, and Act No 312 / 2006 Coll., on insolvency administrators, as amended

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the bankruptcy law and the methods of its resolution (insolvency law)

Čl. I

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. 466 / 2008 Coll., Act No. 458 / 2008 Coll., Act No. 7 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 139 / 2011 Coll., Act No. 188 / 2011 Coll., Act No. 217 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 409 / 2010 Coll., Act No. 409 / 2011 Coll., Act No. 73 / 2011 Coll., Act No. 139 / 2011 Coll., Act No. 188 / 2011 Coll., Act No. 217, Act No. 217 / 2011 Coll., Act No. 217, Act No. 466 / 2011 Coll.

1. In Article 2, the words "and the court which decides on the appeal in insolvency proceedings' shall be added at the end of the text of point (b).

2. In Article 2 (g), the word "only 'shall be inserted after the words" and that'.

3.

„§ 7

Application of the Civil Code and the Law on Special Procedures

Save as otherwise provided in this law, or where such a procedure does not conflict with the principles on which insolvency proceedings are based, the provisions of the Civil Code (4) relating to the contested proceedings shall apply mutatis mutandis to insolvency proceedings and to incident disputes and, if this is not possible, to the provisions of the Law on Special Procedures; However, the provisions relating to enforcement or execution shall apply mutatis mutandis only where the law refers to them. ';

footnote 5 is deleted.

4. The following Sections 7a to 7c are inserted after Section 7, including the headings:

„§ 7a

Jurisdiction

The regional courts rule as first-degree courts

(a) in insolvency proceedings;

(b) in incident disputes,

(c) in disputes concerning compensation or other damage resulting from infringement of the insolvency obligation;

(d) in disputes concerning compensation or other damage arising from the initiation of insolvency proceedings and measures taken in its course;

(e) in cases arising from legal relations between the debtor and the insolvency administrator concerning the property belonging to the debtor's property.

§ 7b

Local jurisdiction

(1) For insolvency proceedings, the court in whose jurisdiction the general court of the debtor is situated shall be competent.

(2) If the insolvency proceedings in which the insolvency proceedings are to be dealt with are to be dealt with by the insolvency proceedings of the debtor of the group, the insolvency court in which insolvency proceedings involving insolvency proceedings or the imminent insolvency of the debtor forming the group shall also be responsible in addition to the court referred to in paragraph 1.

(3) In the case of insolvency proceedings in which the insolvency proceedings are to be dealt with, or the imminent bankruptcy of a debtor who is a foreign person, and unless the law of European Union59 is directly applicable, insolvency proceedings may also be initiated in the insolvency court in whose territory the undertaking or organisational component of the undertaking of such a debtor is located in the Czech Republic.

(4) The insolvency court has jurisdiction in the cases referred to in § 7a (b) to (e).

§ 7c

Participation of the Public Prosecutor

The Public Prosecutor may enter an insolvent proceedings, including incident disputes, and a moratorium. ';

5. In Paragraph 12 (2), the words "Special Legislation (6) 'are replaced by the words" Act governing senior judicial officers and senior civil servants'.

footnote 6 is deleted.

6. In Paragraph 18 (2), the words "the end of the working day closest to the day 'are replaced by the words" 3 days from the day'.

7. Article 25 reads:

„§ 25

(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 paragraphs 21 to 24 and paragraph 3. Paragraph 29 is without prejudice to this.

(2) In the absence of a case referred to in paragraph 1, the insolvency court shall designate the insolvency administrator to designate the person designated by the President of the insolvency court in accordance with the order of the date of registration of its registered office or establishment in the relevant part of the list of insolvency administrators kept by:

(a) for the district court district which is the insolvency court of the debtor, where, at the time of designation, an application is filed for bankruptcy or where, at the time of destination, an application is not made for a different method of resolution of insolvency and where the debtor is not a person pursuant to Article 3 (2) of the Insolvency Administrations Act 9a);

(b) for the district court, which is the general court of the debtor, if, at the time of designation, an application is made for authorisation of debt relief.

(3) If, at the time of designation, an application is made for the authorisation of a reorganisation or if the debtor is a person pursuant to Article 3 (2) of the Insolvency Truste9a (a), irrespective of the way in which insolvency proceedings are dealt with, the insolvency court shall designate an insolvent trustee to be appointed by the President of the Insolvency Court in accordance with the order of the date of registration of its registered office in a separate part of the list of insolvency administrators.

(4) If other circumstances do not prevent this, the President of the insolvency court shall designate the same person as the insolvency administrator of the debtors forming the group.

(5) Where it is not possible to establish the person of the insolvency administrator in accordance with the procedure referred to in paragraph 2, or where it is necessary, taking into account the state of the insolvency proceedings, the person of the debtor and his property ratios, as well as the professional competence of the insolvency administrator, his current activities and the burden on him, the President of the insolvency court may appoint an insolvency administrator outside the specified order; Such a procedure shall always be justified.

(6) Paragraphs 2 and 3 shall not apply where the person of the insolvency administrator who is the visiting insolvency administrator is designated. The President of the insolvency court shall designate for insolvency proceedings the person of the insolvency administrator who is the visiting insolvency administrator from the relevant part of the list in accordance with a procedure which complies with the principle of temporary or occasional, where appropriate in view of the current status of the insolvency proceedings, the person of the debtor and his property ratios as well as the professional competence of the insolvency administrator who is the visiting insolvency administrator. ';

8. In Paragraph 29, the words "who have the right to vote 'shall be added at the end of the text of paragraph 1.

9. In Article 29, the following paragraph 4 is added:

"(4) The insolvency practitioner shall be ordered by the insolvency court, acting in accordance with the procedure laid down in paragraph 1, to report to the insolvency administrator on his activity, in particular on the condition of the assets he has managed, and to account for the remuneration, expenses completed and expenses incurred in connection with the management and maintenance of the assets. ';

10. In Article 31, the following paragraph 7 is added:

"(7) Paragraph 29 (4) shall apply mutatis mutandis. ';

11. in § 32 (2), the words "§ 29 (4) a" shall be inserted after the word "Provisions."

12. In Paragraph 35, at the end of paragraph 1, the sentence "Unless otherwise specified, there is no justification for the provision of a Special Insolvency Trustee for an activity relating to the redemption of assets' is added.

13. In Paragraph 36 (2), the words "and at least every 3 months shall be submitted to the creditor authority and to the insolvency court in writing on the state of insolvency proceedings' shall be deleted and the sentence" If the insolvency court does not determine otherwise, the insolvency administrator shall submit to the creditor authority and the insolvency court at least every 3 months a written report on the state of insolvency proceedings' shall be added at the end of paragraph 2.

14. In Paragraph 38 (1), the words "of the number of applications for claims examined and 'shall be inserted after the words" remuneration shall be determined. "

15. In § 38, the words "but no more than CZK 50,000 for the remuneration of the insolvency administrator and CZK 50,000 for the reimbursement of the final expenses of the insolvency administrator" are added at the end of the text of paragraph 2.

16. In Paragraph 38 (4), the words "and final expenses' shall be inserted after the words" advance payment '.

17. In Paragraph 38, the following paragraph 5 is inserted after paragraph 4:

"(5) The insolvency administrator removed from office or discharge during insolvency proceedings shall carry out a statement of remuneration and final expenses in the report on his activity; Article 304 applies mutatis mutandis to the discussion of this report. If the state of insolvency proceedings so permit, the insolvency court shall decide to approve the report in the course of the insolvency proceedings; If the insolvency practitioner's completed expenses are incurred, the costs of maintaining and managing the assets and of charging the advances paid, he shall do so without undue delay after consulting the report. The decision to approve such a report may be appealed by the insolvency administrator who submitted the report, the insolvency administrator and creditors and debtors whose objections against that report have not been met. ';

Paragraph 5 shall become paragraph 6.

18. in Paragraph 38 (6):

"(6) The method of determining the remuneration, certain expenses incurred by the insolvency practitioner and their reimbursement by the State shall be laid down in implementing legislation. ';

19. The following Section 40a is inserted after Paragraph 40:

„§ 40a

By virtue of decisions and other enforceable titles arising from insolvency proceedings against the insolvency administrator for claims or other rights relating to property or to be satisfied by property, enforcement of the decision may not lead to the property of the insolvency administrator; This is not the case if the arrangements imposed on the insolvency practitioner in connection with such proceedings and the decisions imposed on the insolvency administrator to reimburse the costs of the proceedings caused by its fault or incurred by accident which occurred to him. ';

20. In Paragraph 41 (1), the words "or renewal 'shall be inserted after the word" retention'.

21. In Paragraph 43 (2), after the second sentence, the sentence "Where data are made in electronic form, the authorities and persons referred to in paragraph 1 shall comply with the obligation to provide synergies by enabling the insolvency administrator to access them remotely."

22. In Paragraph 46 (2), the following sentence is inserted after the second sentence: "A resolution reserving the powers of other creditor bodies to a meeting of creditors shall be adopted if a majority of at least two thirds of the votes of creditors present or duly represented have been voted on, calculated on the basis of their claims."

23. In Paragraph 48, the sentence "If the insolvency court has not yet decided on the method of resolving the debtor's bankruptcy, the first meeting of creditors shall also be held for consideration. '

24. In Paragraph 48 (3), the words "the insolvency court may also order the reimbursement of the costs incurred by the insolvency court in calling and organising a meeting of creditors on its application 'shall be replaced by the words" the insolvency court shall also charge a flat-rate sum for the costs associated with the hearing of an unfounded application to convene a meeting of creditors of CZK 5 000; the payment of this lump sum, which is the income of the State, cannot be waived'.

25.

„§ 51

(1) Creditors whose claim has been denied may vote to the extent of the denial if the creditors' meetings so agree. If a meeting of creditors does not grant the right to vote to creditors whose claim has been denied, the insolvency court shall decide on the voting right of those creditors.

(2) Denial of the claim by the creditor or debtor shall not affect the voting rights of the creditors whose claim has been denied.

(3) In the absence of the cases referred to in paragraph 1, it shall decide on the voting right of creditors whose claim has not yet been established or is disputed by the insolvency court. It shall do so only at the request of the debtor, the insolvency administrator or one of the creditors. The application may be made before the date of the meeting of creditors.

(4) Unless otherwise provided, creditors with claims for property (§ 168) shall not have the right to vote, creditors with claims for property (§ 169), creditors with claims for property (§ 170), creditors with subordinated claims (§ 172), and until the conditions of the deferral have been met by creditors who have applied for the deferral condition. '

26. In Paragraph 52, the following paragraph 3 is added:

"(3) Where the decision of the insolvency court on the right of creditors is subject to another decision of the insolvency court against which an appeal is admissible, the accuracy of the decision of the insolvency court on the right of creditors may be reviewed within the limits of the appeal against that decision; This shall apply only to the first such decision given after the decision of the insolvency court on the voting right of creditors. ';

27.

„§ 53

If it is not for the choice of the creditor committee, none of the creditors may vote in their own case. In the case of a person forming a group with a creditor or a close creditor, the creditor may vote, unless otherwise provided for in this law. '

28. In Paragraph 56 (2), the word "Everyone" is replaced by the words "The creditors' meeting may decide that everyone".

29. In Article 56, the following paragraph 3 is added:

"(3) If bankruptcy or debt relief is minor, the choice of the creditor committee is not mandatory. ';

30. In Paragraph 57 (1), the words "represented by all groups of creditors according to the nature of their claims' are replaced by the words" represented by secured and unsecured creditors'.

31. in Paragraph 57 (2), the words "and recall" shall be inserted after the words "shall be chosen."

32. in Paragraph 57 (3), the words "and appeals" shall be inserted after the word "Choice."

33. in Paragraph 59 (2), the word ', in particular' shall be replaced by '; In this way, the word "staff' may be considered, in particular, and the word" employees' shall be replaced by "employees'.

34. In Paragraph 61 (1), the words "if the debtor submits an insolvency application, it shall do so without delay 'shall be replaced by the words" if the debtor, the creditor applied for or the interim administrator so proposes, it shall do so without delay'.

35. in Paragraph 61 (2), the first sentence shall be replaced by the following: "If the creditor committee has not set up a meeting of creditors to that end, the insolvency court shall, after its expiry, exercise its jurisdiction."

36. In Paragraph 61 (3), the words "to the creditor who proposed the appointment of the interim creditor committee 'shall be inserted after the words" to the preliminary administrator'.

37. in Paragraph 62 (1):

"(1) Where possible, the insolvency court shall appoint an interim creditor committee to represent both collateral and non-secured creditors. ';

38. In Paragraph 62 (2), the second sentence is replaced by the following: "The resolution shall be adopted if the majority of creditors present or duly represented have voted in favour of them, calculated on the basis of their claims, and the majority of creditors present or duly represented, unsecured, calculated on the basis of their claims. The first meeting of creditors, held after the appointment of the provisional committee of creditors, may also call off one of its members or its alternates or elect another member and its alternate; the procedure laid down in Article 57 (2) shall be followed. ';

39. In the second sentence of Paragraph 63 (3), the part of the sentence after the semicolon, including the semicolon, is deleted.

40. In the first sentence of Paragraph 64 (2), the part of the sentence after the semicolon, including the semicolon, is deleted.

41. in Paragraph 65 (2), the words "and the creditor committee no longer has the number of members appointed by the creditors' meetings" shall be inserted after the words "its activities."

Article 42 (66), including the title:

„§ 66

Insolvency court as creditor committee

(1) If, in the course of insolvency proceedings, the number of members of the creditors' committee set up by the creditors' meetings falls to less than 3 or below the majority, the powers of the creditors' committee shall be exercised by the insolvency court until the confirmation of the new or additional choice of the members of the creditors' committee has been confirmed.

(2) If the lack of members of the creditor committee has not chosen a meeting of creditors to that end by at least 3 or by a majority of the members, the insolvency court shall, upon the end of the proceedings, exercise the jurisdiction of the creditor committee; Article 61 (2), second sentence and Article 61 (3) shall apply mutatis mutandis.

(3) The act by the insolvency court in the exercise of its powers must therefore be indicated. "

43.In Paragraph 68 (2), the second sentence is deleted.

44. Paragraph 69, including the title, reads:

„§ 69

Public Prosecutor's Office

Where an appeal is admissible against the decision of the insolvency court, the prosecutor who entered the insolvency proceedings may also file it in an incident or moratorium. ';

45. in Article 71 (1), the words "by posting a document on the official record of the insolvency court and its current record" shall be deleted and the word "documents" shall be inserted after the word "publication."

46. In Article 71 (3), the words "the publication of the relevant document on an official record of an insolvency court with the current 'shall be deleted; the words" the relevant documents' shall be inserted after the word "the publication '; and the words" unless the law provides only for publication of the document on an official record of an insolvency court' shall be deleted.

47. in Paragraph 72, paragraph 2 is deleted;

Paragraph 3 shall become paragraph 2.

48.

„§ 73

Unless otherwise provided for in this law, the insolvency court shall also, by order, deliver a judicial decision which it issues under that law before or after the insolvency proceedings are initiated; the same applies to the service of a summons, notifications or other document relating to the issue of such a judgment. ';

49. In Article 75 (2), the words "the public prosecutor who entered the insolvency proceedings," shall be replaced by the words "and" and the words "and the public prosecutor who entered the insolvency proceedings" shall be deleted.

50. After Paragraph 83, the following Section 83a is inserted:

„§ 83a

Connection of things

Unless otherwise specified, the insolvency proceedings shall not allow the connection of cases of different debtors to a joint proceedings. ';

51. In Paragraph 85, the following sentence is added at the end of paragraph 1: "The acts in which the insolvency court deals with other procedural bodies on the facts of the case or on procedural matters which may affect it shall always be drawn up in a report; Where this is not possible because of the way in which the procedural body has referred to the insolvency court and where the unilateral receipt or submission of information is in the common interest of the creditors, the insolvency court shall always obtain an entry in the insolvency file for the information thus received or provided. The details of such an alert shall be laid down in the implementing legislation. ';

52. Paragraph 89 (3) reads as follows:

"(3) If the law imposes a judgment on the insolvency court pursuant to paragraph 2 in the insolvency register, it shall do so no later than the end of the working day as soon as the date of the decision has been published. Instead of the full text of the decision published, the text of the decision may be published accordingly. As a rule, the short text of the Decision does not contain a justification. This is without prejudice to the obligation to publish in the insolvency register the full text of the decision published without delay after it has been drawn up in writing. The effects of the decision referred to in paragraph 2 shall already occur by publication of its abbreviated version in the insolvency register; However, such publication shall not have the effect of serving the decision. ';

53. In Article 90, the words "and the Law on Special Proceedings of the Court 'shall be inserted after the words" Civil Code', and the words "Enforcement of a Decision 'shall be inserted after the words" or the postponement of the legal power of a decision'.

54.

„§ 92

The Court of Appeal shall examine and decide on an appeal against decisions of the Court of First Instance in insolvency proceedings with the highest degree of urgency, first of all an appeal against a decision on a preliminary measure regulation, a decision on bankruptcy, a decision on how to deal with bankruptcy and a decision on the approval of the restructuring plan. '.

55. in Paragraph 93 (1), the word "a" shall be replaced by a comma and the words "and against the decision to approve the restructuring plan" shall be inserted after the words "resolution of bankruptcy."

56. In Paragraph 96, the present text becomes paragraph 1 and the following paragraph 2 is added:

"(2) Paragraph 235 (2) of the Civil Code shall not apply in proceedings for a mistrial brought against a decision of an insolvency court given in insolvency proceedings. The decision repealing the decision of the insolvency court in insolvency proceedings following an action for confusion shall be effective from the date of the legal authority. '.

57. in Paragraph 97 (2):

"(2) The insolvency application shall be accompanied, in paper form, by an officially certified signature of the person who lodged it or by an electronic signature thereof, or by an electronic signature thereof, or by a data box thereof; otherwise he shall not be taken into account. ';

58. In Paragraph 97, the following paragraphs 3 and 4 are inserted after paragraph 2:

"(3) If the insolvency application is signed in accordance with the procedure referred to in paragraph 2 only by a representative of the insolvency practitioner on the basis of a procedural mandate, the condition referred to in paragraph 2 shall be met only if the officially certified signature or the recognised electronic signature of the insolvency practitioner is accompanied by a procedural power attached to the insolvency application. This shall apply mutatis mutandis if it acts as an insolvency practitioner, which is a legal person, its employee (member), who has been entrusted with it by the statutory authority.

(4) The insolvency court shall inform the insolvency practitioner of the failure to take account of the insolvency application by an order against which appeals are not admissible and which it shall deliver separately; the provisions of this act of service of the Order shall not apply. ';

Paragraph 3 shall become paragraph 5.

59. In Paragraph 102 (1) (c):

"(c) Office of Labour of the Czech Republic - Regional Branch or Branch for the City of Prague (hereinafter referred to as" Regional Branch of the Labour Office "), in whose territory the debtor who is an employer, registered office or residence is situated, if the debtor is a natural person who is not domiciled,"

60. In Paragraph 102 (5), the words "through a public data network 'are deleted.

61. In Article 104 (3), the third sentence is replaced by the following: "The debtor shall enter in the list of commitments an indication of the amount and maturity of the individual liabilities and shall briefly indicate which of his creditors' claims he denies in terms of reason or amount and why."

62. At the end of the text of § 105, the words "if a claim is not otherwise applied to insolvency proceedings, it shall be deemed to have been applied in accordance with § 203 '.

63.Paragraph 108 (1) reads as follows:

"(1) The insolvency court may, before a decision on an insolvency application, require the insolvency practitioner to pay an advance on the costs of the insolvency proceedings within the prescribed time limit, where this is necessary to cover the costs of the proceedings and the means to do so cannot be provided otherwise; This is true even if it is clear that the debtor has no assets. This advance may not be imposed on the insolvency practitioner - the employee of the debtor whose claim consists solely of employment claims. The obligation to pay the advance shall not be imposed by the insolvency court of the debtor whose insolvency application may be decided without undue delay by issuing a bankruptcy decision accompanied by a decision authorising the cancellation. ';

64.

„§ 109

(1) The following effects are associated with the initiation of insolvency proceedings:

(a) claims and other rights relating to property may not be brought by action if they can be applied by application;

(b) the right to be satisfied by collateral relating to property owned by the debtor or property belonging to the property may be exercised and reacquired only under the conditions laid down in this law, this also applies to the establishment of a judicial lien on real estate or an executive lien on real estate proposed after the opening of insolvency proceedings;

(c) enforcement of a decision or execution affecting property owned by the debtor, as well as other property belonging to the property, may be ordered or initiated but may not be carried out. However, for claims on property (§ 168) and those on an equal footing (§ 169), enforcement of a judgment or execution may be carried out or carried out which would affect property belonging to the property of the debtor, on the basis of a decision of the insolvency court issued pursuant to § 203 (5) and with restrictions based on that decision. The execution of the decision or execution shall continue to be ordered or initiated and carried out against the debtor unless otherwise provided,

(d) the right of payment of salary reductions or other income which is treated as salary or salary in the enforcement of the decision cannot be exercised by the creditor and debtor agreement.

(2) An act implementing the enforcement of a decision or execution is not an act taken to secure the debtor's property for the purposes of its disability by such enforcement or execution. The opening of insolvency proceedings is also associated with other legal effects.

(3) The time limits for the exercise of rights which can only be invoked by application pursuant to paragraph 1 shall not start or continue after the opening of insolvency proceedings.

(4) The effects of opening insolvency proceedings shall take place at the time of publication of the order notifying the opening of insolvency proceedings in the insolvency register.

(5) Unless otherwise provided for by the law in any of the ways in which insolvency proceedings are to be dealt with, the effects associated with the opening of insolvency proceedings until the end of insolvency proceedings and, if applicable, on reorganisation, until the approval of the restructuring plan.

(6) Decisions and measures taken in the execution of a decision or execution contrary to the restriction laid down in paragraph 1 (a). (c) the insolvency proceedings shall not be taken into account. Where necessary to fulfil the purpose of insolvency proceedings, the insolvency court may, at any time and on its own initiative, suspend the enforceability of the decision or measures taken to enforce the decision or execution in breach of the restriction referred to in paragraph 1 (c); it may also prohibit the adoption of decisions or measures prepared for the execution of decisions or execution in breach of the restriction referred to in paragraph 1 (c). The decision of the insolvency court under the second sentence may be appealed by the parties to proceedings for enforcement or execution; the following paragraph is added:

65. In Paragraph 111, the sentence "Furthermore, the limitation provided for in paragraph 1 shall not apply to the satisfaction of claims for property (Paragraph 168) and claims assimilated to them (Paragraph 169). such claims shall be satisfied at maturity dates, if possible according to the state of the property. ';

66. In Paragraph 111, the words "unless the debtor or his creditor has previously requested the approval of the insolvency court 'shall be added at the end of the text of paragraph 3.

67. In Article 128, at the end of paragraph 3, the sentence "The list of assets shall be published in such a case in the insolvency register only after the decision on bankruptcy."

68. § 136 reads:

„§ 136

(1) The insolvency court shall give a decision on bankruptcy if it is established by a certificate or proof that the debtor is in bankruptcy or is threatened with bankruptcy.

(2) The bankruptcy decision must include:

(a) a statement that the debtor's bankruptcy or imminent bankruptcy is to be ascertained;

(b) the statement by which the insolvency court designates the insolvency administrator;

(c) an indication of when the bankruptcy decision takes effect;

(d) an invitation to the creditors who have not yet applied for their claims to do so within 2 months, with instructions on the consequences of its failure to comply,

(e) an invitation to the creditors to inform the insolvency administrator without delay of the rights they apply to the debtor's assets, rights, claims or other assets, informing the insolvency administrator that they may otherwise be liable for damage or other damage arising from the failure to record in due time the assets of the debtor used for the collateral or by failing to identify the rights of reinsurance in due time; This does not apply if these hedging rights are apparent from the public list,

(f) an opinion determining the place and date of the meeting of creditors and the review meeting;

(g) a statement imposing on the debtor, which has not yet done so, to draw up and submit to the insolvency administrator, within a specified period, lists of his assets and liabilities, indicating his debtors and creditors.

(3) If the decision to authorise debt relief is linked to the bankruptcy decision, the deadline for entering the claims shall be 30 days.

Citation	Act No. 294 / 2013 Coll., amending Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, and Act No. 312 / 2006 Coll., on insolvency administrators, as amended
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	27.09.2013
Effective from	01.01.2014
Effective until	-
Status	Valid

Act No. 294 / 2013 Coll.

Act amending Act No. 182 / 2006 Coll., on bankruptcy and its methods of resolution (insolvency law), as amended, and Act No. 312 / 2006 Coll., on insolvency administrators, as amended

Contents