Act No. 31 / 2019 Coll.
Act amending Act No. 182 / 2006 Coll., on Decrease and Methods of Settlement (Insolvency Act), as amended, Act No. 120 / 2001 Coll., on Judicial Enforcement and Enforcement Activities (Enforcement Order) and on Amendments to Other Laws, as amended, Act No. 312 / 2006 Coll., on Insolvency Administrations, as amended, and Act No. 296 / 2017 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 292 / 2013 Coll., on Specific Laws, as amended
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31
THE LAW
of 22 January 2019
amending Act No 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, Act No 120 / 2001 Coll., on the judicial execution and enforcement activities (enforcement order) and on the amendment of other laws, as amended, Act No 312 / 2006 Coll., on courts, judges, sitting and administration of courts, and on the amendment of certain other laws (Law on courts and courts), as amended, Act No 292 / 2013 Coll., on insolvency administrators, as amended, and Act No 296 / 2017 Coll., amending Act No 99 / 1963 Coll., Civil Code, as amended, Act No 292 / 2013 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment of insolvency law
Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act), as amended by Act No. 183 / 2006 Coll., Act No. 108 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 188 / 2011 Coll., Act No. 301 / 2008 Coll., Act No. 458 / 2008 Coll., Act No. 7 / 2009 Coll., Act No. 69 / 2011 Coll., Act No. 139 / 2011 Coll., Act No. 176 / 2009 Coll., Act No. 217 / 2009 Coll., Act No. 260 / 2010 Coll.
1. In Section 8, the word "third 'is replaced by" fourth';
2. Paragraph 18 (2) reads as follows:
"(2) The insolvency court shall decide on the application referred to in paragraph 1 within 3 working days of the date on which it has obtained such an application; Paragraph 43 of the Civil Code does not apply. A proposal not submitted on the form referred to in paragraph 1 shall not be taken into account. If the insolvency court does not decide within the period referred to in the first sentence, it shall no longer be required to decide on the application pursuant to paragraph 1 and the insolvency court shall be deemed to have given the decision by which it granted the application; that decision is not for the court to draw up. ';
3. In Paragraph 18 (4), the first sentence is replaced by "Decisions under paragraphs 1 and 3 shall not be delivered separately to the debtor."
4. In Article 19 (2), "5 a 'is deleted.
5. In Paragraph 25, the sentence "The same shall be applied to debtors who are spouses at the end of paragraph 4."
6. In Article 31, the following sentence is added at the end of paragraph 4: "If it is subsequently apparent that the debtor is the person referred to in Article 3 (2) of the Insolvency Truste9a) and the insolvency administrator has not been established in accordance with the procedure laid down in paragraph 25 (3), the insolvency administrator shall immediately inform the insolvency court which shall withdraw it. '
7. In Paragraph 36, the words "the written report on the fulfilment of the debt relief shall be submitted without undue delay after the payment of the debt relief 'shall be added at the end of the text of paragraph 2.
8. In Paragraph 36, the following paragraphs 3 to 5 are inserted after paragraph 2:
"(3) The insolvency practitioner shall immediately submit a written report on the state of insolvency proceedings if it is reasonable to assume that the conditions justifying the withdrawal of the approved debt (§ 418) or other facts relevant for the conduct of the insolvency proceedings (in particular § 407 (3)) are met; For example, in this report, the insolvency administrator shall indicate whether it recommends the cancellation of the approved debt relief and for what reasons.
(4) In the written report on the fulfilment of the debt relief, the insolvency administrator shall indicate whether the debtor has properly complied with all the obligations under this Act and whether it recommends deciding to comply with the debt relief.
(5) In each insolvency proceedings, the insolvency administrator sets up a separate account with a bank or savings and credit cooperative for the purpose of the separate management of assets belonging to the property. "
Paragraph 3 shall become paragraph 6.
9. In Article 37 (2), the words "referred to in Article 40 (2) 'shall be inserted after the words" in the performance of their duties' and the words "for the performance of their duties' shall be replaced by the words" in the performance of their duties'.
10. In Article 38 (6), the words "with the redemption of assets' and the words" with a bank or savings and credit cooperative established for the purpose of depositing such advances' are replaced by the words "pursuant to Article 36 (5) '.
11. in Paragraph 39 (2), the words "the performance of such activities may be entered into another person's account" shall be replaced by the words "the performance of such activities by other persons under Article 40 (2) may be paid from," and the part of the sentence of the second sentence, including the semicolon, shall be deleted.
12. In Paragraph 40, the following paragraphs 1 and 2 are inserted:
"(1) The insolvency administrator shall perform his duties in person. The public trading company shall perform the functions of insolvency trustee declared by a member pursuant to § 24 (2).
(2) The insolvency administrator may also perform its function through its employee or employee of the debtor. In particular, it may perform its function through other persons, in particular legal, economic and other specialised experts; This shall be without prejudice to his duties and responsibilities under this law. ';
Paragraphs 1 to 3 shall become paragraphs 3 to 5.
13. in Paragraph 40 (4), "1" is replaced by "3."
14. In Article 40 (5), the words "judicial and 'shall be deleted and the words" judicial and other' shall be inserted after the words "other '.
15. In Paragraph 45, the last sentence is replaced by the sentence "The same applies to the persons through which the insolvency administrator performs its functions."
16. in Paragraph 61 (3), the second sentence is deleted;
17. in Paragraph 64 (1), the part of the sentence after the semicolon, including the semicolon, shall be deleted;
18. in Paragraph 64 (2), the second sentence is deleted;
19. Paragraph 75 (2) reads:
"(2) Save as otherwise provided in this law, the document in insolvency proceedings shall be served separately on the debtor, on the persons who have the right to appeal, on the persons the insolvency court decides to file and on the persons who are to do something in insolvency proceedings. '
20. In Paragraph 80a, the following paragraph 2 is inserted after paragraph 1:
"(2) The insolvency administrator shall make submissions, including annexes, on electronic forms, the details of which shall be laid down in the implementing legislation; This shall not apply to submissions or annexes to be signed by the debtor. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
21. in Paragraph 80a (4), "2" is replaced by "3."
22. in Paragraph 82 (5), the last sentence is deleted;
23. In Paragraph 97 (6), the words "which they shall deliver separately to him; the provisions of this Law of Service shall not apply by decree" shall be deleted.
24. In Paragraph 101, the following paragraph 2 is inserted after paragraph 1:
"(2) Where an insolvency application is submitted in connection with an application for authorisation of debt relief, the time limit for publication of the order announcing the initiation of insolvency proceedings referred to in paragraph 1 shall be 3 working days from the date on which such application was received by the insolvency court; the insolvency application related to the application for the authorisation of debt relief and other documents in the insolvency file shall be published in the insolvency register first together with the order. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
Article 25 (102) shall be deleted;
26. In Paragraph 104 (1), at the end of the text in point (b), the words "if the insolvency proposal is not linked to the insolvency proposal, the proposal to authorise debt relief 'shall be added.
27. in Paragraph 109 (6):
"(6) For decisions and measures taken in the execution of a decision or execution in breach of the restriction referred to 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 enforcement proceedings or enforcement proceedings. The decision of the insolvency court referred to in the second sentence shall also be delivered separately to the authority or person which took the decision or measure in the execution of the decision or execution. ';
28. in Paragraph 113 (2), the second sentence is deleted;
29. in Paragraph 128 (4):
"(4) The person entitled to appeal against the decision referred to in paragraph 1 shall be the insolvency practitioner. An appeal against a decision pursuant to paragraph 3 shall not be admissible. ';
30. Paragraph 130 (4) reads:
"(4) The person entitled to appeal the decision referred to in paragraphs 1 to 3 shall be the insolvency practitioner only. ';
31. in Article 136 (2) (g), the words "lists of its assets and liabilities" shall be replaced by the words "lists of its assets" and the words "and creditors" shall be replaced by the words "and, if not in the way of resolution of the insolvency, the list of liabilities indicating its creditors."
32. In Article 136 (3), the words "the time limit for entering claims shall be 30 days and 'shall be deleted.
33.
The bankruptcy decision shall be delivered to the debtor and the insolvency administrator by the insolvency court. '.
Article 34 (139) shall be deleted;
35. In Paragraph 140, the sentence "The calculation of the mutual claims of the debtor and the creditor in the event of a security in the lease of an apartment pursuant to Paragraph 2254 of the Civil Code shall be added at the end of paragraph 2, even if the legal conditions for such netting have been fulfilled before the approval of the debt waiver. '
36. Paragraph 145 (1) is deleted and paragraph 2 is deleted.
37. In Article 160 (3), the words "documents shall be served by order and separately in addition to service, and" deleted and after the word "all" shall be inserted the word "delivered."
38. In Paragraph 172, the sentence "If the insolvency of the debt is the way in which the debt is settled, interest, interest on late payments and a fee for late payments on the debts of the creditors entered into and the contractual fine agreed in the event of late payment of the claim is not a contractual fine on the part of the undertaking in which the principal amount of the claim is, in total, exceeded at the time of its establishment, shall be added to the following sentence:"
39. in Paragraph 182a, paragraph 2 is deleted;
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
40. In Article 184 (1), the words "which are delivered separately to the creditor, the debtor and the insolvency administrator; the appeal 'shall be deleted; the word" to him' shall be replaced by the word "to which 'and the word" appeal' shall be inserted after the word "lodge '.
41. In Article 185, the words "the appeal is admissible and is delivered to a specifically registered creditor, debtor and insolvency administrator; the word" appeal 'shall be inserted after the word "appeal'.
42.Paragraph 186 (1) reads as follows:
"(1) If, during the insolvency proceedings, the claim of the creditor applied for has been satisfied or has expired in another way and the creditor applied for has not withdrawn the application without undue delay, the insolvency court shall terminate its participation in the insolvency proceedings by a decision which must be justified in the event of the loss of the claim and against which the appeals are not admissible. ';
43.In Article 190 (3), the second sentence is deleted.
44. in Paragraph 200 (4):
"(4) The person entitled to appeal against the decision referred to in paragraph 1 shall be the creditor who denied the claim. ';
45. In Article 203 (5), the words "serving a decision against which an appeal is not admissible, in particular" shall be deleted and, at the end of paragraph 5, the sentence "No appeal shall be admissible against a decision under the first sentence."
46. Paragraph 230 (5) reads as follows:
"(5) An appeal against a decision under paragraph 4 shall not be admissible. '.
47. In Article 266 (3), the words "which are delivered separately to the debtor, the insolvency administrator and the management authority 'are deleted.
48. Paragraph 272 (1) is deleted and paragraph 2 is deleted.
49. At the end of Paragraph 274, the sentence "The proceeds of the acquisition of property belonging to the joint capital of spouses shall be settled in accordance with the rules governing the settlement of the joint capital of spouses."
50. In Section 274, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Where insolvency proceedings are conducted both by the debtor and by the insolvency proceedings of his or her spouse, the assets belonging to their joint assets of the spouses referred to in paragraph 1 shall be monetized in an insolvency proceedings in which the bankruptcy declaration has previously taken effect or in which the secured creditor has previously applied for the redemption of the assets used for collateral; the proceeds of the redemption shall also be settled in this proceedings. ';
51.Paragraph 298 (7) reads as follows:
"(7) Only the debtor, the insolvency administrator, the secured creditor to whom the proceeds are to be issued and the opposing creditor may appeal against the decision of the insolvency administrator to issue the proceeds referred to in paragraph 2. '
52. In Article 298 (8), the words "applied in insolvency 'shall be replaced by the words" applied in insolvency' and, at the end of the text of paragraph 8, the words "minus the amounts of the management and redemption costs referred to in paragraph 4, unless otherwise provided for by the insolvency court, and minus the amount to be paid by the insolvency administrator '.
53. In Article 304 (3), the part of the sentence behind the semicolon, including the semicolon, is deleted.
54. In Paragraph 315, at the end of paragraph 1, the dot is replaced by a comma and the following point (f) is added:
"(f) If the insolvency administrator, together with the final report, submits a draft draft order, the insolvency court may combine the decision to approve the final report with the draft order, the draft order being final before the date of the final report."
55. In Article 361 (2), the words "and at the expense of the applicant, it shall be delivered separately to both original and new creditors" shall be deleted.
56. In Paragraph 363 (2), the second sentence is replaced by the sentence "Only the debtor, the reorganisation promoter, the insolvency administrator and the creditor committee may appeal against this decision."
57. In Article 363 (3), the words "those persons shall be served separately by the decision of the insolvency court and may appeal against it 'are replaced by" only the persons referred to in paragraph 2 may lodge an appeal against that decision'.
58. in § 368e (1), the text "§ 101 (a) to (f)" is replaced by "§ 101 (1) (a) to (f)."
59. In Paragraph 390a, the following paragraph 7 is added:
"(7) No one shall be entitled, alone or through any other way, to obtain, mediate or offer, in return for payment or any other advantage, the provision or brokering of a draft and the submission of an application for the authorisation of debt relief or the insolvency application pursuant to Paragraph 390 (1) or other activities strictly linked thereto. ';
60. Under the heading of Section 391, the title is inserted as follows:
61.In Article 391 (1) (b), "5 years" is replaced by "12 months."
62.In Article 391 (1) (c), "the last 3 years" is replaced by "the last 12 months."
63. In the first sentence of Paragraph 391 (2), the words "monies of property 'shall be inserted after the word" calendars', and in the sentence of the second sentence, the words "reducing instalments and reasons' shall be inserted after the word" reasons'.
64. Under the heading of Section 392, the following heading is inserted: "Annexes to the application for authorisation of debt relief '.
65.In Article 392 (1) (a), the words "and the list of commitments' are deleted.
66.In Article 392 (1) (b), "the last 3 years" is replaced by "the last 12 months."
67.In Article 392 (1) (c), the words "30% of his claim" are replaced by the words "the satisfaction rate under Article 412a (1) (b) or (c)."
68. In Paragraph 392, at the end of paragraph 1, the dot is replaced by a comma and the following point (d) is added:
"(d) an honest statement that he has been informed at the time of drawing up the insolvency application of his obligations in insolvency proceedings, that he will pay in full the debts of his creditors in debt, that he will make all the effort that can be reasonably required of him to satisfy them in full that he will fulfil all the obligations under this law and the decision to approve the debt and that he will grant all his income in full."
69. in Article 392 (3), the second sentence is deleted;
70. In Paragraph 394a (2), the words "by means of property redemption 'are deleted.
71.In Paragraph 395 (1) (b):
"(b) that the debtor will not be able to repay in full the claims referred to in Article 168 (2) (a), and that the amount of the repayment to other creditors, including creditors, of claims for property and claims assimilated to them may not be lower than that claim, and also that of the claims referred to in Articles 169 (1) (e) and 390a (5)."
72. In Paragraph 395, the following paragraphs 3 to 6 are inserted after paragraph 2:
"(3) The insolvency court shall also reject the application for authorisation for debt relief if, in the last 10 years before the insolvency application, the debtor has been granted an exemption by a final decision from payment of debt claims included in the debt to the extent that they have not been satisfied.
(4) The insolvency court will also reject an application for authorisation for debt relief if, in the last five years before the insolvency application, the debtor's application for authorisation for debt relief has been definitively rejected on the ground that it is being followed by an unfair intention, or if, for the same reason, the debt cancellation has not been approved or the approved debt cancellation has been revoked.
(5) The insolvency court will also reject an application for authorisation for debt relief if, in the last 3 months before the insolvency application, the debtor has withdrawn his previous application for authorisation for debt relief.
(6) The procedure laid down in paragraphs 3 to 6 shall not apply where there are grounds of special consideration, in particular where the debtor has committed himself for a justifiable reason or where there is a significant discrepancy between the amount of debt and the performance provided. ';
Paragraph 3 shall become paragraph 7.
73.In Paragraph 395 (7):
"(7) Only the debtor may appeal against a decision to refuse an application for authorisation for debt relief. '
74. In Article 397 (1), the words "and the list of commitments' shall be deleted; the words" need not contain justification 'shall be inserted after the words "need not contain justification'; the words" only 'shall be inserted before the word "debtor' and the words" to the insolvency administrator and the creditor committee 'shall be deleted.
75. In Paragraph 397, the following paragraph 2 is inserted after paragraph 1:
"(2) The procedure laid down in Paragraph 395 (6) shall be followed by the insolvency court in the decision authorising the divestment. The creditor may appeal against this decision. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
76. Under the heading of Section 398, the title is inserted as follows:
77. In Paragraph 398 (1), at the end of the text of the first sentence, the words "with the redemption of property 'are added and the second sentence is deleted.
78. In Paragraph 398, the following sentence is added at the end of paragraph 2: "The secured creditors are satisfied only by the proceeds of the redemption of the collateral. '
79.Paragraph 398 (3) reads:
"(3) In the event of derecognition, the debtor is obliged to issue to the insolvency administrator assets belonging to the assets for redemption in accordance with a procedure similar to that laid down in the provisions on the liquidation of the assets in bankruptcy, and to repay the amount from his income to the unsecured creditors on a monthly basis until the payment of the debt has been reported. 29). '
80. In Paragraph 398, the following paragraph 4 is inserted after paragraph 3:
"(4) If the amount referred to in paragraph 3 is not sufficient to satisfy all claims for property and claims assimilated to it, the remuneration and expenses of the insolvency administrator shall be met first, then the claims of creditors on maintenance by law, if they were incurred after the decision on insolvency, then the claim referred to in Article 390a (5), then the advance payment of the remuneration and final expenses of the insolvency administrator, then the other claims of creditors on maintenance by law, and then the costs associated with the maintenance and management of property. Other claims on property and similar claims shall be satisfied on a pro rata basis. The insolvency practitioner shall, after having satisfied those claims, place the amount referred to in paragraph 3 among the unsecured creditors according to the ratio of their claims in the manner specified in the decision of the insolvency court to approve the debt. The secured creditors are satisfied only with the proceeds of the redemption of the collateral; such redemption shall be treated mutatis mutandis in accordance with the provisions on the redemption of the collateral in bankruptcy. ';
Paragraph 4 shall become paragraph 5.
81. In Article 398 (5), the words "the value of the transactions to which non-secured creditors receive debt relief shall be equal to or greater than 50% of their claims, or the value of the transactions to which they have agreed with the debtor 'shall be replaced by the words" the amount of the payments determined in accordance with paragraph 3 shall be liable to endanger the performance of the repayment schedule, or the level of satisfaction of unsecured creditors shall be higher even if the amount of the monthly instalments is different, and at the end of paragraph 5, the sentence "the Insolvency Court may likewise determine a different amount of the monthly instalments after approval of the debt relief, if the debtor so requests for a change in circumstances. The Court of First Instance will only do so if, in view of all circumstances, it is reasonable to assume that the amount of the payments to date is liable to jeopardise the performance of the repayment schedule or that the level of satisfaction of unsecured creditors will be higher even if there are other amounts of monthly instalments. An appeal against decisions under the first and sixth sentences shall not be admissible.';
82. In Paragraph 398, paragraphs 6 to 8 are added:
"(6) The debtor shall not be obliged to issue the assets for redemption in accordance with paragraph 3 if the defaulting report shows that the redemption of such assets would not satisfy the creditors. The debtor shall also not be obliged to issue for the redemption of his residence, unless the defaulting report indicates that his value exceeds the value determined under the implementing legislation by a multiple of the amount to be used to secure his residence in the debtor's residence. Unless further specified otherwise, for the purposes of the redemption referred to in paragraph 3, the property acquired by the debtor during the insolvency proceedings after the effects of the approval of the debt relief have taken place shall not fall within the property. Paragraph 409 (4) is not affected.
(7) The insolvency court may, on application by the insolvency administrator to prevent future insolvency, impose an obligation on the debtor to use, within a maximum of 100 hours, the professional social advice services provided by a registered social service provider to prevent future insolvency; the appeal against this decision is not admissible. This service shall be provided to the debtor without payment of costs.
(8) The deferral may be subject to derogations under Paragraph 315 (1), unless the creditors' meeting decides otherwise. '
83. In Article 398a (1), the words "including the proposal and justification for the amount of the advance payment pursuant to Article 398b (2) 'shall be inserted after the words" debt relief settlement'.
84. In Paragraph 398a (2), the words "justify the valuation of the items of the inventory and" shall be inserted after the words "means the payment schedule '.
85. in Paragraph 398a (7), the words "for this purpose set up with a bank or a savings and credit cooperative" shall be replaced by the words "under Paragraph 36 (5)."
86. The following Section 398b is inserted after Section 398a, including the title and footnote 73:
Payment calendar of a natural person - entrepreneurs
(1) On derecognition of the repayment schedule with the redemption of the property, the debtor, who is a natural person - an entrepreneur, shall, until the time of the submission of the written report on the fulfilment of the debt payment, pay to unsecured creditors on their income the amount to be determined in accordance with this provision. Paragraph 398 is without prejudice.
(2) In the decision approving the debt relief by fulfilling the repayment schedule, the winding-up of the assets shall require the insolvency court to pay the debtor a monthly minimum non-repayable amount ("advance payment ') to the unsecured creditors of his business income.
(3) The advance payment shall be determined from one twelfth of the debtor's observed profit for the last tax period in accordance with the special legislature73) prior to the submission of an application for a debt waiver and shall be calculated at the level to which the preferential claims may be met in the enforcement or execution of the decision. 29) If the business activity has not been carried out throughout the entire tax period, the advance payment shall be determined from the proportion of profit realised and the number of months the debtor has been engaged in the business.
(4) If the advance payment of the debtor cannot be determined in accordance with the procedure laid down in paragraph 3, it shall be determined, after the statement by the insolvency administrator, on the expected monthly income of the debtor, based on the difference between his actual income achieved and the expenditure actually incurred for the period of his business.
(5) If the advance payment of the debtor cannot be determined in accordance with the procedure laid down in paragraph 4, the advance payment shall be determined from the amount corresponding to the monthly average wage on the national economy for the first to third quarters of the preceding calendar year.
(6) The debtor is obliged, at the end of each tax period in accordance with the Special Law (73), to submit to the insolvency administrator accounts or records, income tax returns and extracts from accounts, or other documents certifying his or her income and expenses; the debtor does not have that obligation following the report of the insolvency administrator on the fulfilment of the debt relief on the basis of which the insolvency court takes note of the payment of the debt relief. The repayment amount shall then be determined by the insolvency administrator of one twelfth of the debtor's established profit for the tax period and calculated at the amount at which the preferential claims (hereinafter referred to as the "reference haircut ') may be met in the execution of the decision or execution.
(7) Where the sum of the advance payments paid by the debtor for a given tax period is less than the product of the reference deduction and the number of months during which the debt relief period has taken place, the insolvency administrator shall invite the debtor to pay a default equal to the difference between those amounts; the debtor is obliged to pay the arrears without undue delay. In justified cases, the court may, on application by the debtor, determine a different amount of arrears; This decision shall be delivered separately by the insolvency court only to the debtor and the appeal against him shall not be admissible.
(8) Where the sum of the advance payments paid by the debtor for a given tax period is greater than the product of the reference deduction and the number of months during which the debt relief period lasted, the insolvency court may, on application by the debtor for a subsequent tax period, fix a different amount of the advance payment; This decision shall be delivered separately by the insolvency court only to the debtor and the appeal against him shall not be admissible. The insolvency court may also determine another amount of the advance payment if the debtor so requests for a change of circumstances. The Court of First Instance shall do so only if, in view of all circumstances, it is reasonable to assume that the amount of advance payments to date is liable to jeopardise the performance of the repayment schedule or that the level of satisfaction of unsecured creditors will be higher even if there is another amount of monthly instalments.
(9) Where the debtor also has other income other than income from business income from which he repayments creditors' claims pursuant to Paragraph 398 (3), a reduction in the amount of the advance or reference deduction shall not apply in determining the amount of the advance or reference reduction by a basic amount which may not be deducted from the monthly salary in the enforcement of the decision if that basic amount is considered in determining the extent of the repayments from another income. In determining from which income the debtor shall be left with the basic amount, the insolvency court shall take into account in particular the amount and regularity of each income.
73) Article 16b of Act No. 586 / 1992 Coll., on Income Tax, as amended. '
87. In Paragraph 399, at the end of the text of paragraph 1, the words "monies of property 'are added.
88. In Paragraph 399 (3), at the end of the text of the first sentence, the words "with the redemption of property 'shall be added.
89. In Paragraph 400, at the end of the text of paragraph 1, the words "monetizing property 'are added.
90. In Section 401, at the end of the text of paragraph 4, the words "monies of property 'are added.
91. In Paragraph 402, at the end of the text of paragraph 4, the words "monies of property 'are added.
92. In Article 402 (5), the words "the method of derecognition 'are deleted and at the end of the text of paragraph 5, the words" the execution of a divestment by fulfilling the repayment schedule with the redemption of the assets' are added.
93. In Article 403 (3), the words "which shall be delivered separately only to the objectors' shall be deleted.
Article 405 (5) reads as follows:
"(5) Only the debtor may lodge an appeal against a decision not to approve the debt."
95.In Article 406 (2), point (a) is deleted.
Points (b) and (c) shall become points (a) and (b).
96.In Article 406 (2), at the end of point (a), the comma is replaced by a dot and point (b) is deleted and the designation of point (a) is deleted.
97. In Article 406 (3) of the Introductory Part of the provision, the words "monetizing property 'are inserted after the word" calendar'.
98.In Article 406 (3) (a), the words "for a period of 5 years' shall be replaced by the words" until the report on repayment of debt has been submitted 'and the words "or 398b' shall be inserted after the words" Article 398 '.
(99) In Article 406 (3) (c), the words "30% of their claims" are replaced by the words "the satisfaction rate referred to in Article 412a (1) (b) or (c)."
100. In Paragraph 406, at the end of paragraph 3, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) require the debtor to issue to the insolvency administrator assets belonging to the property and to designate the assets mutatis mutandis in accordance with paragraph 2 (b);
(f) require the debtor to use the services of professional social advice. "
101. Paragraph 406 (4) reads as follows:
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Regulation Information
| Citation | Act No. 31 / 2019 Coll., amending Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act), as amended, Act No. 120 / 2001 Coll., on the judicial enforcement and enforcement activities (Enforcement Order) and on the amendment of other laws, as amended, Act No. 312 / 2006 Coll., on Insolvency Trustees, as amended, and Act No. 296 / 2017 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 292 / 2013 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.02.2019 |
|---|---|
| Effective from | 01.06.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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