Act No. 69 / 2011 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
Effective from 31.03.2011
69
THE LAW
of 3 March 2011
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., Found of the Constitutional Court Declared under No. 163 / 2009 Coll., Act No. 217 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 285 / 2009 Coll., Act No. 241 / 2010 Coll.
1. In Article 14 (2), "Article 16 (3) 'is replaced by" Article 16 (2)';
2. Paragraph 16 (2) is deleted.
Paragraph 3 shall become paragraph 2.
3. In Paragraph 51, the following paragraph 3 is inserted after paragraph 2:
"(3) Denial of the claim by the creditor shall not affect the voting rights of the creditors whose claim has been denied. ';
Paragraph 3 shall become paragraph 4.
4. In Article 137 (1), "2 'is replaced by" 3'.
5. In Article 137 (2), "15 'is replaced by" 30'.
6. In Section 160, the sentence "An insolvency practitioner who is not a participant in an incident dispute shall be added at the end of paragraph 3. ';
7. In Paragraph 161, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If the insolvency court terminates the participation of the opposing creditor in insolvency proceedings during an incident dispute concerning the authenticity, amount or order of the claim applied for, the case may be resumed only at the request of the insolvency administrator. The date on which such an application is made to the insolvency court, the insolvency administrator shall become a party to an incident dispute instead of a denying creditor; the insolvency court shall then return a security lodged by the opposing creditor. If the insolvency practitioner does not submit the application within a time limit to be determined by the insolvency court for that purpose, the insolvency court shall stop the proceedings in respect of the opposing creditor. ';
8. In Article 178, the second sentence is replaced by the sentence "The creditor who has applied for such a claim may, on the application of the insolvency practitioner, order the insolvency court to pay in favour of the property an amount which it shall determine in the light of all the circumstances of the application and the examination of the claim, but not more than the amount by which the claim applied for exceeding the extent to which it was established; This is an incident dispute. '
9. In Article 179, the second sentence is replaced by the sentence "The creditor who has applied for such a claim may, on the application of the insolvency practitioner, order the insolvency court to pay, for the benefit of the secured creditors who have applied for a claim against the same property, an amount which he shall determine in the light of all the circumstances of the exercise and examination of the right of satisfaction of the collateral, but not more than the amount by which the value of the collateral specified in the application exceeds the value of the security established; This is an incident dispute. '
10. § 192, including the title:
Denial of applied claims
(1) The veracity, amount and order of all claims applied for may be denied by the insolvency administrator, the debtor and the creditors; the denial of the claim may be withdrawn.
(2) The insolvency practitioner may, at the hearing, change the position he has taken on individual claims in the list of claims applied for.
(3) Save as otherwise provided, the denial of the debt by the debtor shall not affect its finding; However, its effect is always that, for a claim denied by the debtor in its authenticity or above, the revised list of claims applied for is not an enforceable title within the scope of the denial.
(4) The creditor may, until the end of the review proceedings, change the amount of the claim applied for until its recovery is established. If, as a result of that amendment, it is not possible to review the claim applied for in the approved review hearing, the insolvency court shall order a special review hearing. However, the creditor shall, at their request, reimburse the other creditors for the costs they incur in connection with their participation in a special review meeting. ';
11. In Paragraph 198, the title is inserted under the title "Denial of an irrecoverable claim by the insolvency administrator."
12. In Section 199, the title is inserted under the title: "Denial of an enforceable claim by an insolvency administrator '.
13.
Denial of the claim by the creditor
(1) The creditor is entitled to deny in writing the claim of another creditor. Denial of the claim must be the same as that of the action under the civil Code of Procedure and must indicate whether the authenticity, amount or order of the claim is denied. Denies of the claim may be made only on a form the formalities of which are laid down in the implementing legislation. The form shall be published by the Ministry in a manner that allows remote access; the service must not be charged.
(2) Refusal of the claim by the creditor shall be taken into account only if it contains all the particulars and is delivered to the insolvency court not later than 3 working days before the date of the review of the contested claim. Paragraph 43 of the Civil Code does not apply. After the expiry of that period, the grounds for the denial may no longer be amended. In order to deny a claim made in a form requiring its amendment in writing at the time of the review, the submission of the original of the claim or, where appropriate, the submission of a written submission of the same text shall not be taken into account.
(3) If the insolvency court concludes that the denial of the claim by the creditor is not taken into account, it shall reject it by a decision which it may issue only until the end of the review proceedings on the contested claim.
(4) The decision referred to in paragraph 3 shall be delivered separately to the creditor who denied the claim, the creditor of the contested claim, the debtor and the insolvency administrator. The person entitled to appeal against this decision shall be the creditor who denied the claim.
(5) If the insolvency court does not refuse to deny the claim, the submission by which the creditor claimed to deny the claim shall be considered, from the date of the decision on the method of resolution of bankruptcy, but at the earliest 10 days after the end of the review proceedings, as an action brought by that creditor before the insolvency court against the creditor who filed the claim.
(6) Only facts which have not been relied on by the debtor in the proceedings prior to that decision may be invoked as a reason for denying the authenticity or the amount of the enforceable claim granted by a final decision of the competent authority; However, there can be no other legal assessment of the case on grounds of denial. '
14. in Paragraph 201 (1):
"(1) The claim is established
(a) if it has not been denied by the insolvency administrator or by any of the creditors applied for;
(b) if it was not denied by the insolvency administrator and the insolvency court rejected its denial by the creditor;
(c) if the insolvency administrator or the creditor who has refused it withdraws his denial; or
(d) by decision of the insolvency court in a dispute concerning its authenticity, amount or order. ";
15. in Article 201 (2), the words "if an action has not been brought in due time pursuant to Article 198" shall be replaced by the words "also if the insolvency administrator did not bring an action for its denial in due time."
16. In Paragraph 201 (3), the words "determination of authenticity, above 'are replaced by the words" authenticity, amount'.
17. in Article 202 (1), the sentence "Reimbursement of costs granted in this dispute against the debtor shall be deemed to have been registered under this law and shall be satisfied in insolvency proceedings in the same order as the claim for which the dispute was brought."
18. In Section 202, paragraphs 3 to 6 are added:
"(3) The registered creditor who denied the claim is obliged to lodge, within 15 days of the end of the review proceedings, a security for the costs of the case proceedings of CZK 10,000. If, at the time of the review of the contested claim, a decision has not yet been made on how to deal with bankruptcy, this period shall not end until 10 days after the decision on how to deal with bankruptcy.
(4) The insolvency court may order the creditor who denied the claim to lodge a security in the event of a dispute in order to ensure compensation or other damage which would have arisen from the creditor of the contested claim by unfounded denial of the claim. It will do so only on application by the creditor of the contested claim, which will show that he is clearly threatened with such damage or other damage. However, if, according to the results of the insolvency proceedings, it can be expected that the denial of the claim is justified, the insolvency court shall reject the creditor's claim for the lodging of that security. The provisions of the Civil Code on security for interim measures shall continue to apply mutatis mutandis.
(5) If the security referred to in paragraphs 3 and 4 is not lodged, or if the creditor applied for does not prove to the insolvency court that he does not have an obligation to lodge a security under the law, the insolvency court shall reject the action brought by the creditor claimed to deny the claim.
(6) The obligation to lodge the security referred to in paragraphs 3 and 4 shall not lie with the creditor who, within the time limit laid down for the lodging of the security, certifies that he was unable to lodge the security without his own fault and that there is a risk of delay which could cause him harm. Furthermore, the creditor applied for is not obliged to lodge a security for as long as his denial does not affect the finding of the contested claim. '
19. In Article 336 (2), at the end of the first sentence, the words "; for this denial, the provisions on the determination of a claim relating to an insolvency administrator shall apply mutatis mutandis' and at the end of the paragraph, the sentence" Creditors of an irrecoverable claim which has been denied by the debtor shall be added. ';
20. In Paragraph 336, the following paragraph 4 is added:
"(4) Denial of the claim by the creditor has no effect on the finding of the contested claim for the duration of the reorganisation. '
21. In Paragraph 394, at the end of paragraph 2, the words "the appeal against it is not admissible 'shall be added.
22. In Article 410 (2), at the end of the text of the first sentence, the words "; for this denial, the provisions on the finding of a claim relating to an insolvency administrator shall apply mutatis mutandis' and at the end of the paragraph, the sentence" Creditors of an irrecoverable claim which has been denied by the debtor shall be added. ';
23. in § 431, the words "the particulars of the claim denial form applied for by the creditor" shall be added at the end of the text of point (a);
Transitional provisions
1. Unless otherwise provided for, Act No 182 / 2006 Coll., as effective from the date of entry into force of this Act, shall also apply to insolvency proceedings initiated before the date of entry into force of this Act, unless a decision on bankruptcy has already been taken; the legal effects of the insolvency proceedings before the date of entry into force of this Act remain.
2. Paragraphs 178 and 179 of Act No. 182 / 2006 Coll., as effective from the date of entry into force of this Act, shall also apply to insolvency proceedings initiated before the date of entry into force of this Act, unless they have already established a claim for which the insolvency administrator has submitted a proposal under those provisions.
3. Paragraphs 16, 160 (3), 336 (2) and 410 (2) of the Act No. 182 / 2006 Coll., as effective from the date of entry into force of the Act, shall apply to insolvency proceedings initiated before the date of entry into force of the Act, provided that the effects of the denial of the debt by the debtor for the purposes of its finding in insolvency proceedings occurred only after the date of entry into force of the Act.
4. Paragraph 202 (1) of Act No. 182 / 2006 Coll., as effective from the date of the entry into force of the Act, shall also apply to disputes concerning the authenticity, amount or order of claims applied for, in which the debtor has not yet been legally decided on the costs of the proceedings.
5. Paragraph 394 (2) of Act No. 182 / 2006 Coll., as effective from the date of the entry into force of this Act, shall also apply to insolvency proceedings initiated before the date of entry into force of this Act, provided that the debtor has accepted the application for the authorisation of the deferral until the date of entry into force of this Act.
Amendment of the Civil Code
Act No. 5, Act No. 6, 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. 5, Act No. 6, Act No. 5, Act No. 5, No.
1. In Paragraph 75b (1), the following sentence shall be inserted after the first sentence: "If the President of the Chamber concludes that the security lodged is clearly not sufficient to ensure compensation for damage or other damage resulting from the interim measures, the applicant shall be invited without delay to lodge within 3 days a supplementary security of the amount which he shall lay down in the light of the circumstances of the case."
2. In the third sentence of Paragraph 75b (1), the words "and the supplement of the security 'shall be inserted after the words" security'.
3. The following Section 76h is inserted after Section 76g:
As long as the effects of the interim measure continue, the President of the Chamber may invite the appellant to lodge a supplement to the security (Paragraph 75b (1), second sentence) within 3 days; they shall do so only on the proposal of the person to whom the provisional measure has been imposed. ';
4. In Paragraph 77, at the end of paragraph 2, the sentence "The provisional measure shall also be lifted by the President of the Chamber if the applicant has not lodged a supplement to the security within the time limit laid down."
Transitional provision
Proceedings initiated by the date of entry into force of this Act shall be completed in accordance with the Civil Code as effective from the date of entry into force of this Act; the legal effects of the proceedings before the date of entry into force of this Act remain.
EFFECTIVE
This Act shall take effect on 31 March 2011.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 69 / 2011 Coll., amending Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, and Act No. 99 / 1963 Coll., Civil Code, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.2011 |
|---|---|
| Effective from | 31.03.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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