Act No. 334 / 2012 Coll.
Act amending Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act), as amended, and Act No. 99 / 1963 Coll., Civil Code, as amended
Valid
Law
Effective from 01.11.2012
Text versions:
01.11.2012
15.10.2012
334
THE LAW
of 19 September 2012
amending Act No 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, and Act No 99 / 1963 Coll., the Civil Code, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the bankruptcy law and the methods of its resolution (insolvency law)
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. 301 / 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 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 139 / 2011 Coll., Act No. 188., Act No. 188., Act No. 217., Act No. 217.
1. In Paragraph 82, at the end of paragraph 1, the sentence "The obligation to lodge a security as the applicant for interim measures shall not be added to the debtor."
2. Paragraph 82 (2) reads as follows:
"(2) The insolvency court may also:
(a) appoint an interim administrator;
(b) for reasons of special consideration as provided for in the interim measure, limit any of the effects associated with the opening of insolvency proceedings referred to in Article 109 (1) (b) and (c) if this does not conflict with the common interest of creditors; or
(c) require an insolvent applicant who is not an employee of the debtor and whose claim against the debtor does not consist solely in claims for employment in order to lodge a security to ensure compensation or other damage which would result from the debtor's unjustified initiation of insolvency proceedings and measures taken in the course of the insolvency proceedings. "
3. In Paragraph 82, the following sentence is added at the beginning of paragraph 4: "The provisional measure by imposing an obligation to lodge a security to ensure compensation or other damage which would result from the debtor's undue initiation of insolvency proceedings and the measures taken in the course of such proceedings may be imposed only on a proposal by the debtor in the first act to which the debtor is entitled following the submission of the insolvency application and only if the debtor proves that such damage or other damage is manifestly imminent. However, if, according to the results of the insolvency proceedings, the debtor's bankruptcy can be expected to be certified, the insolvency court shall reject the application for an interim measure. The provisions of Paragraph 202 (5) and (6) and the provisions of the Civil Code on security in the interim measure shall continue to apply mutatis mutandis. ';
4. In Paragraph 82, the sentence "The decision on the application for interim measures referred to in paragraph 2 (b) or (c) shall be inserted at the beginning of paragraph 5, and the insolvency court shall deliver to the debtor, the insolvency administrator, the person who made the application and the insolvency practitioner. '.
5. The following Section 128a is inserted after Section 128:
Refusal of insolvency proceedings for obvious unfounded reasons
(1) An insolvency application lodged by a creditor shall also be rejected by the insolvency court if it is manifestly unfounded; it shall do so without delay, not later than 7 days after the insolvency application has been lodged.
(2) The insolvency application is manifestly unfounded in particular if:
(a) the insolvency practitioner attests to the right to lodge it with a claim which is not taken into account for the purposes of the bankruptcy decision;
(b) the insolvency application lodged again and the insolvency practitioner shall not, at the time of its submission, prove that he has fulfilled the obligations imposed on him by the previous insolvency decision, where appropriate; or
(c) by its submission, the insolvency practitioner clearly monitors the misuse of his rights at the expense of the debtor.
(3) In a decision rejecting insolvency proceedings for obvious unfounded reasons, the insolvency court may order the insolvency practitioner to pay an order fine of up to CZK 50,000, taking into account all the circumstances of the case. "
6. In Section 130, the following paragraph 5 is added:
"(5) If the insolvency application has been withdrawn because the debtor has paid the claim to the insolvency practitioner after the insolvency proceedings have been initiated, the decision to reimburse the insolvency proceedings shall be deemed to be in doubt that the debtor has caused the insolvency proceedings to stop. '
7. In Paragraph 133 (1), the words "The insolvency proposal of a person other than the debtor may be" shall be replaced by "If the insolvency application has not been rejected or the procedure has not been terminated, the insolvency proposal of a person other than the debtor may be accepted."
8. In Section 142, the words "or for obvious unfounded reasons' shall be added at the end of the text of point (a).
9. in Article 144 (1) (a), the words "which have been deleted" are replaced by the words "or by a cooperative and have been deleted."
10. In Paragraph 144 (1), the words "and which in the insolvency application apply for such a decision 'shall be added at the end of the text of point (b).
11. in Article 144, paragraphs 2 and 3 are deleted;
Paragraph 4 shall become paragraph 2.
12. In Paragraph 146, the following paragraph 2 is inserted after paragraph 1:
"(2) In the appeal proceedings against a decision under Paragraph 142, the facts which arose or arose after the decision of the Court of First Instance shall not be taken into account. '.
Paragraph 2 shall become paragraph 3.
13. in Paragraph 147 (1):
"(1) If the insolvency proceedings have been terminated or the insolvency application has been rejected because of the insolvency practitioner, the person who has incurred damage or other damage in the course of the insolvency proceedings or measures taken in the course of the insolvency proceedings shall have the right to compensation for such damage or other damage to the insolvency practitioner. In doubt, the insolvency practitioner shall be deemed to have caused the insolvency proceedings to be terminated or insolvency proceedings to be rejected. ';
14. In Paragraph 147 (2), the words "has a debtor or other creditor 'are replaced by the words" can be used'.
15. In Article 147 (4), the first sentence is replaced by the sentence "The action which exercises the rights referred to in paragraphs 1 to 3 shall be brought by the debtor no later than 6 months after the date on which the decision terminating the insolvency proceedings was served and no later than 6 months after the publication of the decision in the insolvency register; the action cannot, however, be decided before the legal power of this decision. '
16. In Article 147 (5), the words "the exercise of the right 'shall be inserted after the words" the action' and the words "the debtor 'shall be deleted.
17. In Article 147, the following paragraph 6 is added:
"(6) If it is clear that a person has been brought into insolvency proceedings and measures taken in the course of the insolvency proceedings by the insolvency practitioner to cause damage or other harm, the insolvency court may order an interim measure requiring the debtor to deposit in custody, in order to compensate for such damage or other harm, a reasonable sum of money. 19). It shall only do so on application by the beneficiary within 30 days of the decision to terminate the insolvency application, the decision to reject the insolvency application or the decision to reject the insolvency application; However, provisional measures may not be ordered before such a decision is acquired. The provisional measure does not prevent the total amount of damage or other damage from being quantified. In addition, the insolvency court shall apply the provisions of Paragraph 100 (2) and (3) mutatis mutandis when ordering interim measures. '
18. Paragraph 395 (3) shall be added at the end of the text in point (b) "; this shall not apply if, on the basis of the debtor of the established facts, it is considered that this is not an unfair intention '.
19. Paragraph 396 (2) is deleted and paragraph 1 is deleted.
20. Paragraph 425, including the title, reads:
Delete the debtor from the list of debtors
(1) The insolvency court shall remove the debtor from the list of debtors from the list of debtors and shall remove the information in the insolvency register from the insolvency register five years after the date of the final decision. If the insolvency proceedings are terminated by a decision pursuant to § 142 (a) to (c), the insolvency court shall remove the debtor from the list of debtors and the details thereof in the insolvency register shall be removed within 15 days of receipt of the debtor's request; the debtor is entitled to request the removal not earlier than 3 months from the legal authority of the decision.
(2) In the case of the storage of unaccessible data, this shall be done in accordance with the special legislature58).
(3) Where an appeal is brought against a final decision pursuant to Article 142 (a) to (c), the insolvency court shall keep the debtor in the list of debtors and the details thereof available in the insolvency register during the hearing. ';
Transitional provision
Act No 182 / 2006 Coll., as effective from the date of entry into force of this Act, also applies to insolvency proceedings initiated before the date of entry into force of this Act, the legal effects of the acts which took place in insolvency proceedings before the date of entry into force of this Act remain.
Amendment of the Civil Code
Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6 / 2000, Act No. 5, Act No. 6 / 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 2006, Act No. 6 / 2001 / 2001, Act No. 2006, Act No. 2006, Act No. 6, Act No. 6, No 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 5, Act No. 2006, Act No. 5, Act No. 2006,
1. In Article 9 (4), the words "as well as in disputes concerning compensation or other damage arising from the initiation of insolvency proceedings and measures taken in its course 'shall be inserted after the words" disputes'.
2. In Paragraph 88, at the end of point (u), the dot is replaced by a comma and the following points (v) and (w) are added:
"(v) in whose territory the general court of the debtor is responsible for insolvency proceedings,
(w) for which insolvency proceedings have taken place, if there is a dispute concerning compensation or other damage resulting from the initiation of insolvency proceedings and the measures taken in its course (53c). "
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 334 / 2012 Coll., amending Act No. 182 / 2006 Coll., on Decrease and Methods of Solutions (Insolvency Act), as amended, and Act No. 99 / 1963 Coll., Civil Code, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.10.2012 |
|---|---|
| Effective from | 01.11.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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