Decree No. 581 / 2020 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 Act, as amended by Decree No. 131 / 2019 Coll.
Valid
Order
Effective from 01.01.2021
581
DECLARATION
of 21 December 2020
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 by Decree No 131 / 2019 Coll.
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. 296 / 2007 Coll., Act No. 69 / 2011 Coll., Act No. 294 / 2013 Coll., Act No. 64 / 2017 Coll. and Act No. 31 / 2019 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 law, as amended by Decree No. 131 / 2019 Coll., is amended as follows:
1. in § 3 (e) (1):
"1. the total amount of the creditor's claims, with a distinction between the total amount of both secured and unsecured claims and the identification of the claim application relied on by the creditor for voting purposes; that designation is not required if the vote is taken before the insolvency proceedings are opened; and ';
2. In Paragraph 3 (e), at the end of point 2, the word "a 'is deleted and point 3 is deleted.
3. In Articles 4 (3) and 6 (2), the words "monies of property 'shall be inserted after the words" calendars'.
4. In Article 8 (1) (g) (3), the words "including the date on which such property is established 'shall be inserted after the words" established'.
5. in Article 8 (1) (i) (1), the words "and the amount of the principal of the claim at the time of the occurrence of the claim" shall be inserted after the words "principal of the claim."
6. in Article 9 (2) (a), the words "(Overview sheet)" shall be deleted;
7. in Article 9 (2), point (c) is deleted;
Points (d) to (j) shall be renumbered (c) to (i).
8. In Article 9 (2) (d), the words "the date and serial number of the copy of the list of claims applied for and 'shall be deleted.
9. in Article 9 (2), point (e) shall be deleted;
Points (f) to (i) shall be renumbered as points (e) to (h).
10. in Paragraph 9 (2) (e), point 4 shall be deleted;
Points 5 to 13 shall become points 4 to 12.
11. in Article 9 (2) (e) (4), the words "and a brief summary of the reason for origin" shall be inserted after the words "the amount."
12. in Article 9 (2) (e), the following point 6 is inserted after point 5:
'6. Indication of the amount to which the claim is subordinated, '
Points 6 to 12 shall become points 7 to 13.
13. in Article 9 (2) (e), points 7 and 8 are deleted;
Points 9 to 13 shall become points 7 to 11.
14. in Article 9 (2) (e) (7), the words "how and" shall be inserted after the words "to this."
15. in Article 9 (2) (e) (8), the words "and inoperative" shall be deleted;
16. in Article 9 (2) (e) (9), the words "how and" shall be inserted after the words "to."
17. in Article 9 (2) (e), point 10 is deleted;
Point 11 is renumbered point 10.
18. in Paragraph 9 (2) (e), at the end of point 10, comma shall be replaced by "a" and the following point 11 shall be added:
'11. in the case of secured claims, also details of the fact which is the cause of the collateral, the method of collateral and the case, law, claim or other property value which is the subject of the collateral, ';
19. in Article 9 (2), the following point (f) is inserted after point (e):
"(f) an indication of what is known to the insolvency administrator of the link between the debtor and the creditor pursuant to § 53 (1), (3) or (5) of the insolvency law,"
Points (f) to (h) shall be renumbered as points (g) to (i).
20. In Paragraph 9 (2) (g), the words "in the list of claims applied for, claims denied by more than 50% or duplicated claims" shall be replaced by "in the review procedure."
21. in Article 9 (3) (a), the words "List of claims applied for (Unsecured creditor review sheet)" shall be replaced by the words "Unsecured claim review sheet." '
22. in Article 9 (3), points (b) to (e) are deleted;
Points (f) to (p) shall be renumbered (b) to (l).
23. in Paragraph 9 (3) (c), the words "and its serial number" shall be deleted;
24. in Article 9 (3), point (d) is deleted;
Points (e) to (l) shall be renumbered (d) to (k).
25. in Article 9 (3) (d) (2), the words "accessories of the claim applied for" shall be replaced by the words "principal of the claim applied for at the time of its establishment."
26. in Article 9 (3) (d), points 3 and 4 are deleted;
Points 5 to 8 shall be renumbered 3 to 6.
27. in Paragraph 9 (3) (d), at the end of point 3, the words "including the designation of an enforceable decision or other enforceable title," shall be added;
28. in Article 9 (3) (d) (4), the words "and to what extent" shall be deleted;
29. in Article 9 (3) (d) (5), "subordinate" is replaced by "unsubordinate" and "including description" is replaced by "possible description."
30. in Article 9 (3), point (g) is deleted;
Points (h) to (k) shall be renumbered as points (g) to (j).
31. in Article 9 (3), at the end of point (g), comma shall be replaced by "a" and points (h) to (j) shall be deleted;
32. in Article 9, the following point (h) is added at the end of paragraph 3:
"(h) details of the outcome of the dispute concerning the determination of the authenticity, amount or order of the claim.";
33.In Paragraph 9 (4):
"(4) In addition to the particulars referred to in points (b) to (h) of paragraph 3, the review sheet for the secured creditor shall contain the designation" Review sheet of the secured claim. "'
34. in Article 9 (5), the words "and" shall be inserted after the words "registered."
35. in Paragraph 11 (1) (f) (2), "accessories" is replaced by "principal."
36. In Section 13, the words "the submission of the final report and other insolvency administrators, indicating the period during which they performed their duties, the reason for the termination of their duties, and whether the insolvency court approved the bill for their remuneration and final expenses' shall be added at the end of the text of point (c).
37. in Paragraph 13 (e):
"(e) an overview of the incident disputes which have not been final at the date of the final report;"
38. in § 13 (g) (2):
"2. the designation of the decision of the insolvency court and the decision or consent given to the creditor authority, in the manner in which the property item is acquired, ';
39. in § 13 (h) (2):
"2. the designation of the decision of the insolvency court and the decision or consent of the creditor authority shall be in the manner of the redemption of the asset item; and ';
40. in Paragraph 13 (h), the word "a" shall be deleted at the end of point 3 and point 4 shall be deleted;
41.Paragraph 13 (i) shall be deleted;
Points (j) to (p) shall be renumbered (i) to (o).
(42) In Article 13 (i), the words "including an overview of expenditure incurred in connection with the management of property with justification for expenditure which is not normal" shall be deleted.
43. In Paragraph 13 (m) (3), the word "registered" is replaced by the word "detected."
44. in Paragraph 13 (m), point 4 is deleted;
Points 5 to 7 shall be renumbered 4 to 6.
45. in Article 16 (e), the words "the period during which" shall be replaced by "the date on which."
46. in Article 16, points (g) and (h) are deleted;
Points (i) to (v) shall be renumbered as points (g) to (t).
47. in Article 16, points (h) and (i) are deleted;
Points (j) to (t) shall be renumbered as points (h) to (r).
48. in Paragraph 16 (h), the words "creditors and satisfaction rates" shall be deleted;
49. in Paragraph 16 (h) (1), the word "creditors" shall be deleted;
50. in Article 16 (h) (2), the words "creditors applied for for the period" shall be replaced by the words "on the date on which."
51. in Article 16 (h) (3), the word "applied for" shall be deleted;
52nd Paragraph 16 (h) (4) reads as follows:
'4. Indication of whether it is a group of secured creditors'.
53.In Article 16, points (i) to (k) are deleted.
Points (l) to (r) shall be renumbered as points (i) to (n).
54. in Article 16 (i), the words "on the last day of the period for which" shall be replaced by "on the date on which."
55. in Article 16, points (k) to (m) are deleted;
Points (n) and (o) shall be renumbered as points (k) and (l).
56. In Paragraph 16, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The annexes to the report on the implementation of the reorganisation plan are:
(a) an overview of the implementation of the basic measures to implement the restructuring plan for the recovery of the debtor's business; and
(b) an overview of the incident disputes, including the list of the parties to the case, with the exception of the person with the rights available, and an indication as to whether the incident dispute has been terminated definitively and with what result. "
57. in Article 17 (1), the following points (j) and (k) are inserted after point (i):
"(j) indication of whether in the last
1. 10 years before the insolvency proposal was submitted, the debtor was granted an exemption by a final decision from the payment of debts included in the debt to the extent that they were not satisfied,
2. 5 years before the insolvency proposal was submitted, the debtor's proposal for authorisation of debt relief was definitively rejected on the ground that it had been followed by an unfair intention, or if, for the same reason, the debt cancellation had not been revoked or the debt cancellation had not been revoked; and
3. 3 months before the insolvency proposal was submitted, the debtor took back his previous application to authorise the debt relief,
(k) an indication of the debtor of known foreign creditors who have their normal place of residence, residence or registered office in one of the Member States of the European Union, their foreign address and the reason for the commitment; ';
Points (j) to (n) shall be renumbered as points (l) to (p).
58. in Paragraph 17 (2), point (d) is deleted;
Points (e) to (j) shall be renumbered (d) to (i).
59.In Paragraph 18 (1), points (e) and (f) are deleted.
Points (g) to (w) shall be renumbered as points (e) to (u).
60. in Paragraph 18 (1), the following point (f) is inserted after point (e):
"(f) details of the facts on the basis of which the debt relief can be expected within 3 years of the approval of the debt relief;"
Points (f) to (u) shall be renumbered as points (g) to (v).
61.In Paragraph 18 (1), point (g) is deleted.
Points (h) to (v) shall be renumbered as points (g) to (u).
62. In Paragraph 18 (1) (g), the words "the existence of a mutual maintenance obligation between spouses," deleted, the word "children" shall be replaced by the word "persons" and the words "or by agreement of parents, the existence of another maintenance obligation" shall be deleted.
63.In Paragraph 18 (1) (h), the word "in particular" shall be inserted after the word "debtor."
64. In Paragraph 18 (1) (i), the words "the amount and type of other income of the debtor, the name of the payer of the income, the date of his birth, the address of the residence and the indication of the contract or other fact giving rise to the right of income" shall be replaced by the words "donors, pension payers or payers of other periodic cash benefits of the debtor, his name and address of residence."
65.In Article 18 (1), the following point (j) is inserted after point (i):
"(j) information on the amount and type of the debtor's income not subject to enforcement,"
Points (j) to (u) shall be renumbered as points (k) to (v).
66. In Paragraph 18 (1) (l), the words "the property of the debtor, the form of housing, the cost of living and" shall be replaced by "the dwelling in the property of the debtor, whether it serves to secure the creditor's claim and the collateral is the subject of a dispute concerning the determination of the order and, if not, o."
67. In Article 18 (1) (m), the words "and the debtor's proposal to determine a different amount of monthly instalments" shall be deleted.
68. in Paragraph 18 (1), the following point (n) is inserted after point (m):
"(n) details of the debtor's proposal to determine a different amount of monthly instalments, indicating the reasons for the debtor's bankruptcy, the debtor's action to maintain and increase his income and to reduce his obligations and the reasons for making the application only when negotiating with the insolvency administrator;"
Points (n) to (v) shall be renumbered as points (o) to (w).
69. in Paragraph 18 (1) (o), the words "reimbursed and not paid" shall be inserted after the words "the entries for";
70. In Paragraph 18 (1) (p), the words "the amount of the advance if the debtor has been ordered to pay the advance on the costs of the insolvency proceedings and its reimbursement" shall be replaced by the words "payment of the advance on the remuneration and final expenses of the insolvency practitioner."
71. in Paragraph 18 (1), the following point (q) is inserted after point (p):
"(q) details of the amount of the expected proceeds of the redemption of an asset to be distributed among unsecured creditors on debt relief through the redemption of an asset and the execution of a repayment schedule with the redemption of an asset;"
Points (q) to (w) shall be renumbered (r) to (x).
72. in Paragraph 18 (1) (r), the words "the method of dealing with bankruptcy" shall be replaced by the words "debt relief."
(73) In Paragraph 18 (1) (u), the words "unsecured creditors" shall be inserted after the word "satisfaction" by means of the redemption of assets and by the payment of a repayment of assets. "
74. In Paragraph 18 (1) (v), the words "which provider of such services" shall be inserted after the words "advice."
75. in Article 19 (1), the following point (f) is inserted after point (e):
"(f) an indication of whether the insolvency administrator has undertaken to examine the claims applied for in such a way as to identify the individual creditors' applications in accordance with the list of claims applied for and to inform the debtor of their material content."
Points (f) to (h) shall be renumbered as points (g) to (i).
76. in Article 19 (1), the following point (h) is inserted after point (g):
"(h) details of the claims examined,
1. the number of claims applied for;
2. the total amount of unsecured unsecured claims examined, including subordinated parts of such claims; and
3. the total amount of unsecured unsecured claims examined without subordinated parts of such claims. ';
Points (h) and (i) shall be renumbered as points (i) and (j).
77.In Paragraph 20, point (g) is deleted.
Points (h) to (j) shall be renumbered (g) to (i).
78.In Article 21 (1) (d) and (e):
"(d) the date of issue of the insolvency order,
(e) the period during which the debt execution report is submitted; ';
79.In Article 21 (1), the following point (h) is inserted after point (g):
"(h) the degree of satisfaction of unsecured creditors at the date on which the report on the repayment of debt and the expected level of satisfaction of unsecured creditors,"
Points (h) to (j) shall be renumbered (i) to (k).
80.In Article 21 (1) (i), points 2 and 3 are deleted.
Points 4 and 5 shall become points 2 and 3.
81. In Article 21 (1) (i) (3), the words "the expected level of satisfaction of unsecured creditors" are replaced by the words "the total amount received by unsecured creditors in debt relief."
82. in Article 21 (1), the following point (j) is inserted after point (i):
"(j) the distribution schedule for the repayment schedule for individual unsecured creditors, indicating the amount of the claim established and the amount and extent of its satisfaction at the date of the submission of the debt recovery report,";
Points (j) and (k) shall be renumbered as points (k) and (l).
83.In Section 22, points (d) and (e) are deleted.
Points (f) to (q) shall be renumbered (d) to (o).
84. in Paragraph 22 (d), the words "opening insolvency proceedings, date" shall be deleted;
85. in Paragraph 22, the words "including the indication of the expected percentage of satisfaction and the amount of performance before the approval of the debt relief" shall be added at the end of the text in point (g).
86. in Article 22, the following point (i) is inserted after point (h):
"(i) an indication of whether and during which period the debt has been interrupted or extended;"
Points (i) to (o) shall be renumbered as points (j) to (p).
87.In Article 22, the following point (k) is inserted after point (j):
"(k) details of whether all the assets belonging to the property of the debtor have been monetized in the debt relief,"
Points (k) to (p) shall be renumbered as points (l) to (q).
Efficacy
This Order shall take effect on the first day of the calendar month following the date of its publication, with the exception of the provisions of Article 5 (1) (a), (b), (c), (d) and (e). Article 2 (1)
Minister of Justice:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No. 581 / 2020 Coll., amending Decree No. 191 / 2017 Coll., on the procedural formalities 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 Act, as amended by Decree No. 131 / 2019 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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