Decree No. 70 / 2011 Coll.
Decree amending Decree No. 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law
Valid
Effective from 31.03.2011
70
DECLARATION
of 9 March 2011
amending Decree No 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law
According to § 431 (a), (d) and (e) of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended:
Decree No 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law, is amended as follows:
1. In Article 1 (b), the words "the particulars of the claim application form," shall be inserted after the words "the particulars of the written notice of refusal by the insolvency administrator, the particulars of the claim denial form by the creditor,"
2.
The President of the insolvency court shall take appropriate measures to ensure that, where an insolvency application is lodged at a time when less than 2 hours remain until the end of the insolvency court's official hours, or on days of rest, the publication of an order announcing the opening of insolvency proceedings is provided for by the law. ';
3. In Article 13, the title is inserted under the title: "Notification of the denial of the claim by the insolvency administrator '.
4. in Articles 19 (2), 21 (2) and 23 (2), the words "the identification number or other registration number" shall be replaced by "the identification number of the person (1)."
Footnote 1:
"1) § 24 to 28 of Act No. 111 / 2009 Coll., on Basic Registers, as amended by Act No. 100 / 2010 Coll. '.
5. in Articles 19 (2), 21 (2) and 23 (2), the word "also" shall be replaced by the words "their registration number, if assigned to them, and."
6. In the third sentence of Article 19 (3), the words "or whether the creditors recommend compliance with the debtor's request to set a different amount of monthly instalments on debt relief by fulfilling the repayment schedule 'shall be inserted after the word" debtor'.
7. In the second sentence of Paragraph 19 (4), the words "or whether the creditors recommend that the debtor's request be met for the determination of a different amount of monthly instalments on derecognition shall be inserted after the word" debtor. "
8. The following Sections 22a and 22b are inserted after Section 22:
"Forms of denial by the creditor
(1) The denial by the creditor of the claim shall contain the following elements:
(a) the designation "Denial of the claim by the creditor,"
(b) the designation of the insolvency court and the file number under which the insolvency proceedings are conducted;
(c) the designation of the creditor who denies the claim;
(d) the name of the creditor whose claim is denied and the name of the claim which is denied;
(e) a definition of the reasons for which the claim is denied in respect of its authenticity, if it is to deny the authenticity of the claim,
(f) a definition of the reasons for which the claim is denied in full and an indication of the actual amount of the claim, if any,
(g) a definition of the reasons for which the claim is denied in its order and an indication of the order in which the claim is to be applied if it is to be denied the order of the claim;
(h) a list of annexes to the denial by the creditor;
(i) details of the person who has signed the denial of the claim by the creditor;
(j) date and signature.
(2) The natural person shall be identified by the name, surname, date of birth or birth number, if assigned, and residence, natural person - entrepreneur, hereinafter referred to as person identification number (1) and foreign natural person by nationality. The legal person shall be identified by the business firm or name, registered office and identification number of the person (1), their registration number for foreign legal persons, if assigned to them, and the legal order under which it was established. If the creditor is a State, the denial of the claim by the creditor shall include an indication of the relevant organisational component of the State which acts as State before the insolvency court.
The annexes to the claim denied by the creditor are:
(a) a copy of the contracts, judicial decisions and other documents proving the reasons for the denial;
(b) the power of attorney granted by the creditor to the agent, if the creditor is represented on the basis of the mandate. ';
9. in Article 23, the following points (h) and (i) are inserted after point (g):
"(h) an indication of whether the debtor proposes that the insolvency court should fix lower than the legally determined instalments and, where the debtor proposes to fix lower than the legally determined instalments, the proposed amount of monthly instalments or the method of determining them and a description of the reasons for their bankruptcy,
(i) an indication of the debtor of the dependants, ';
Points (h) to (q) shall be renumbered as points (j) to (s).
Efficacy
This Decree shall take effect on 31 March 2011.
Minister:
JUDr. Pospíšil v. r.
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Regulation Information
| Citation | Decree No. 70 / 2011 Coll., amending Decree No. 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law |
|---|---|
| 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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