182/2006 Coll.



LAW



of 30 March 2004. March 2006



bankruptcy and the ways of its solution



(insolvency law)



Change: 108/2007 Sb.



Change: 312/2006 Coll., 296/2007 Coll., 362/2007 Sb.



Change: 458/2008 Sb.



Change: 163/2009 Sb.



Change: 301/2008 Coll., 7/2009 Sb.



Change: 217/2009 Sb.



Change: 285/2009 Sb.



Change: 227/2009 Sb.



Change: 260/2010 Sb.



Change: 409/2010 Sb.



Change: 69/2011 Sb.



Change: 241/2010 Coll. 73/2011 Sb.



Change: 139/2011 Sb.



Change: 188/2011 Sb.



Change: 466/2011 Sb.



Change: 217/2009 Coll. (part)



Change: 167/2012 Sb.



Change: 334/2012 Sb.



Change: 396/2012 Sb, Sb 399/2012.



Change: 45/2013 Coll. 185/2013 Sb.



Modified: 294/2013 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



THE GENERAL PART OF THE



Title I Of The



Basic provisions



§ 1



The subject of the edit



This Act regulates the



and the decline and imminent) insolvency of the debtor by the management of certain

of ways, so that there was an arrangement of property relations to

persons affected by impending bankruptcy or bankruptcy dlužníkovým and to what

the Supreme and the relative satisfaction of the debtor's creditors,



(b)) debt relief.



§ 2



The definition of some basic concepts



For the purposes of this Act, means the



a) insolvency proceedings the court proceedings, whose subject is the debtor's

bankruptcy or insolvency looming and its solution



(b)) the insolvency court, before which the insolvency proceedings in progress,

as well as the Court, which shall decide on the appeal in the insolvency

management,



(c) in the case of insolvency the insolvency) proposal submitted to the Court a proposal to start

insolvency proceedings,



(d)) incidenčním dispute litigation triggered by the insolvency proceedings, which

This law so provides, this in the context of insolvency proceedings,



(e) the nature of the property specified by property) to the satisfaction of the debtor's

creditors,



(f)) a person with permissions to perform a person, that in the course of the

insolvency proceedings belongs to the essence of the right to dispose of property

for all permissions, from which it is composed



g) secured creditor a creditor whose claim is secured

the property, which belongs to the estate, and it's just a lien

the law, the detention law, limiting the transfer of real estate, reinsurance

a transfer or assignment of receivables to ensure or similar

under the law, foreign laws,



h) application process claims the Act whereby the creditor claims

the satisfaction of their rights in insolvency proceedings



I) insolvency registry information system, which contains data

under this Act,



j) common interest of the creditors, the parent's interest in their individual interests,

If it is his goal to the chosen way of solving the decline was for them

fair and more profitable than other ways of resolving the bankruptcy; This is not a

without prejudice to the legally guaranteed special status for some of the creditors,



to the Bank, financial institutions) savings and credit cooperative, the insurance company and

reinsurance undertaking, and, on the conditions laid down in this law and some

the next person.



§ 3



The decline of



(1) the debtor is bankrupt, if the



and several lenders and)



(b)) payment obligations for more than 30 days overdue and



(c)) is unable to fulfil these obligations (hereinafter referred to as "insolvency").



(2) it shall be deemed that the debtor is unable to meet its payment obligations,

If



and the payment of a substantial part) stopped their financial commitments, or



(b)) is fulfilling for more than 3 months after the maturity date, or



(c)) it is not possible to achieve the satisfaction of some of the outstanding cash

claims against the debtor the performance of a decision or execution of, or



(d) to fulfil the obligation to submit the lists), as referred to in § 104 paragraph. 1, which

he saved the insolvency court.



(3) a debtor who is a legal person or a natural person-

entrepreneur, is in decline even if the overindebted. About overindebtedness comes

then, if a borrower has multiple creditors and a summary of its liabilities exceeds the

the value of its assets. When determining the value of the debtor's assets

also be taken into account for the next administration of his property, or to the next

the operation of its undertaking, if, in view of all the circumstances, reasonably

assume that the debtor will be able to manage the assets, or in the operation of the

the undertaking to proceed.



(4) about the impending decline only if it can be with regard to all the circumstances

reasonable to assume that the borrower will not be able to properly and in a timely manner to meet the

a substantial part of their financial commitments.



§ 4



How to resolve bankruptcy



(1) the way to solve the impending bankruptcy of the debtor's bankruptcy or in

insolvency proceedings (hereinafter referred to as "the way of solution of insolvency") means the



and) bankruptcy,



(b)),



(c)) debt relief and



(d) specific ways of resolving the bankruptcy), this law provides for certain

bodies or for certain types of cases.



(2) by decision of the Court on how the bankruptcy solution means



and) if the bankrupt or of any of the specific ways of solving bankruptcy

the decision on the Declaration of bankruptcy of the debtor's property (hereinafter referred to as

"the decision on the Declaration of bankruptcy"),



(b)) in the case of reorganization, the decision to permit reorganization and



(c)) with respect to debt relief, the decision to allow debt relief.



§ 5



The principles of the insolvency proceedings



Insolvency proceedings consists, in particular, on the following principles:



a) insolvency proceedings must be conducted so that none of the participants was not

unfairly damaged or illegally from and to achieve

quick, efficient and the highest satisfaction of the creditors;



b) creditors who have under this law fundamentally the same or similar

status, have equal opportunities in the insolvency proceedings;



(c)) unless otherwise provided in this Act, the rights of the creditor cannot be acquired in good

faith before the commencement of the insolvency proceedings to limit the decision

the insolvency court or insolvency administrator procedure;



d) creditors are obliged to refrain from acts, leading to satisfaction

their claims outside of insolvency proceedings, unless otherwise permitted by law.



§ 6



The exceptions from the scope of the law



(1) this law cannot be used if the



and the State)



(b) territorial self-governing unit) ^ 2)



(c)), the Czech National Bank,



(d) the general health insurance company) of the Czech Republic,



(e)), the deposit insurance fund



(f)) guarantee fund securities traders,



(g)), a public high school, or



h) legal person, if the State or higher territorial self-governing

all ^ 2) before the commencement of the insolvency proceedings took over all its debts

or guaranteed.



(2) this Act cannot be used if the



and) financial institution after a period, after which the holder of the licence or

authorisation in accordance with the specific legislation, governing its activities,



(b)) a health insurance company, established under a special legal regulation, ^ 3)

for a period, after which the holder of a permit to perform in public

health insurance,



(c)), a political party or political movement at the time of the election announced

under special legislation.



section 7 of the



The use of the code of civil procedure and the law on the special procedures

the judicial



Unless otherwise provided in this Act, or if such a procedure is not contrary to the

the principles, on which the insolvency proceedings, shall apply for the

insolvency proceedings and disputes the provisions mutatis mutandis for incidenční

Code of civil procedure "^ 4) related to adversarial proceedings, and if it is not

possible, the provisions of the law on the special legal proceedings; the provisions of the

concerning the enforcement of a decision or execution shall, however, apply mutatis mutandis

only if this law refers to them.



Section 7a



Substantive jurisdiction



Regional courts decide as courts of first instance



and) in insolvency proceedings,



(b)) in the incidental litigation



(c)) in disputes relating to compensation for damage or other injury, which was a violation of the

the obligation to file a bankruptcy proposal,



d) in disputes relating to compensation for damage or other injury, that was the start of

insolvency proceedings and the measures adopted in the course of,



(e)) in matters arising from the legal relationship between the debtor and the

insolvency administrator relating to the assets belonging to the debtor's

the estate.



section 7b



The local jurisdiction



(1) for the insolvency proceedings is the Court in whose district the is generic

the Court of the debtor.



(2) in the case of insolvency proceedings, in which it has to deal with decline or threatened

the decline of the persons constituting the concern with the borrower, is next to the Court referred to in

paragraph 1, the competent court also, which is

bankruptcy or insolvency proceedings to address the looming bankruptcy of the debtor, with the

This person make up the group.



(3) in the case of insolvency proceedings, in which it has to deal with decline or threatened

the insolvency of the debtor, that is a foreign person, and unless it directly

the applicable prescription rights European Union ^ 59), insolvency proceedings can be

initiate the insolvency court, in whose district is in the Czech Republic

located business or organizational component of the undertaking of such a debtor.



(4) the Insolvency Court is competent in the matters referred to in Section 7a (e). (b))

to (e)).



§ 7 c



The participation of the public prosecutor's Office



The Prosecutor's Office may enter into launched insolvency proceedings,

including incidental disputes, and the moratorium.



§ 8
The provisions of the first and third parts of this law shall apply only

unless otherwise provided in this law in the second in respect of one of the ways

the bankruptcy solution otherwise.



Title II



Process operators



Part 1



Process operators



§ 9



Procedural operators under this Act are



and the insolvency court)



(b)) the debtor,



c) lenders, who exercise their rights against the debtor,



(d)) the official receiver or any other administrator,



(e) the public prosecutor's Office), which entered into insolvency proceedings, or

in the incidenčního of the dispute, and



(f) the liquidator of the debtor).



§ 10



The insolvency court



Court in insolvency proceedings



and the decision of which) issue the issue of law or assumed



b) exercises supervision over the procedure and activities of other

procedural bodies and decides on matters related to

(hereinafter referred to as "the activities of the Supervisory Board also observed").



§ 11



(1) in the performance of Supervisory Board also observed the activities of the Court shall decide on the

matters which concern the course of insolvency proceedings shall be

the measures necessary to ensure that its purpose and imposes obligations on

the activities of the various bodies of the proceedings.



(2) the Court shall be entitled to require from the insolvency administrator

the message and the explanation of its procedure, inspect its accounts and review

the necessary investigation. Is entitled to give instructions and the insolvency administrators

save him, to request certain issues opinion on the creditor

of the Committee.



§ 12



(1) in the insolvency proceedings and disputes it is incidental and shall act in

the first stage of a single judge (judge).



(2) the law governing higher judicial officers and senior officials of the State

the Prosecutor's Office when the insolvency proceedings shall be empowered to act and

decisions of the higher court official.



section 13



Assistant judge of the insolvency court



Assistant judge of the insolvency court makes the individual acts of insolvency

proceedings of the Court the judge's credentials.



Part 2



The participants in the proceedings



§ 14



(1) participants in the insolvency proceedings, the debtor and the creditors are, who

exercising their right against the debtor.



(2) intervention is not permitted in the insolvency proceedings;

the provisions of section 16. 2 this does not prejudice.



§ 15



Unless the creditor who is logged on, there are other persons exercising their rights in the

insolvency proceedings, the parties to this proceeding only after a period during which the

Court about this and decided upon by the law.



section 16 of the



(1) participants in the proceedings in the incidental disputes are the plaintiff and the defendant,

unless otherwise specified.



(2) intervention in the incidental litigation is permitted.



§ 17



Input into the management of the ^ 7) and swap Party ^ 8) are not in the insolvency

management of the permissible.



section 18



(1) if in the course of insolvency proceedings, the fact that

the laws combine the transfer or gradient claims from

the original lender to the acquirer of the claim, without the original creditor

losing the capacity to be party to the proceedings, the Court decides that

Instead, the lender shall enter into insolvency proceedings the transferee of its

the claim. It shall do so on the basis of a proposal of the creditor and upon written consent of the

the assignee of his claim. Transfer or gradient of the claim, which

does not result directly from legal regulation, it is necessary to prove to the public

the Charter of ^ 9) or by the Charter, which is officially verified the authenticity of the signatures

people who have signed it.



(2) a proposal under paragraph 1, the Court shall decide, within 3 days from the

the date on which such a proposal reached him; If not so, after the expiry of the

This period considered that the Court has issued a decision on the proposal

meet the.



(3) the decision referred to in paragraph 1, the Court shall issue,

If the lender and the purchaser of his claim to the log for this

Joint Declaration by the Court that there was a fact referred to in

paragraph 1; paragraph 2 shall apply mutatis mutandis.



(4) the decisions referred to in paragraphs 1 and 3 to the transferee lender delivers

his claim, the debtor and the insolvency administrators; These persons shall

delivered separately. The appeal is not admissible against him, the Court

However, it is not bound by this decision.



§ 19



The acquirer of the claim becomes a participant in the insolvency proceedings, as soon as

Court under section 18 shall decide on its entry to the insolvency

management, and applies to it the status of insolvency proceedings at the time when he became

his party. The licensee shall enter on this place the original lender and

to incidental disputes concerning it acquired receivables.



section 20



(1) the provisions of the first part of the title of the third code of civil procedure, which

relate to the negotiations for a legal person, State and territorial units of local

and the representation of the parties to the proceedings, apply by analogy to the insolvency proceedings and the

incidenční disputes.



(2) a trade union may in insolvency proceedings and incidental

disputes represent the debtor's employees, with respect to the application of its

labour claims.



Part 3



Insolvency administrator and other administrators



section 21



(1) the official receiver shall be appointed from a list of insolvency administrators,

who leads the Department of Justice (hereinafter referred to as "the Ministry").



(2) the elements of the list of insolvency administrators, data entered into it,

its structure, management and conditions of registration and the creation of rights to it to exercise

the activity of the insolvency administrator and the host of the insolvency administrator

specific legislation regulates ^ 9a).



(3) the insolvency administrator for the purposes of this Act, means and visiting

the insolvency administrator.



section 22



(1) a person registered in the list of insolvency administrators may provision

insolvency administrator refuse, unless important reasons for it.



(2) if the insolvency administrator to select from a list of insolvency

Administrators, it is possible to establish even a natural person who meets the General

and qualification for entry into the list of insolvency administrators and

with its provisions agrees.



section 23



The official receiver shall conclude a contract at their own expense on insurance

liability for damage, which may arise in connection with the performance of

its function or with the activities of its employees, for the entire duration of its

function.



section 24



(1) the Insolvency administrator is excluded from the insolvency proceedings, if

regard to its relationship to the things or persons of the participants, there is reason to

doubt his impartiality; This does not apply in the case referred to in section 34.

Once designated, the insolvency administrator learns that there are grounds for

his exclusion, is obliged to notify without delay the insolvency court.



(2) a public company that is established insolvency

the administrator shall notify the insolvency court without delay, who from its

Associates, through which it carries on business insolvency

Manager ^ 60), on behalf of the insolvency administrator to perform the function;

paragraph 1 shall apply mutatis mutandis to this partnership.



§ 25



(1) the insolvency administrator for the insolvency proceedings establishes the insolvency

the Court. If it is associated with the decision of the bankruptcy decision on authorisation

a reorganization under section 148, paragraph. 2 and if it is in the present reorganization

the plan identifies the individual trustee, appoint a court

insolvency administrator of that person; This does not apply if the specified does not meet the

the insolvency administrator of the conditions referred to in section 21 to 24 and paragraph 3.

The provisions of section 29 shall not be affected thereby.



(2) unless, in the case referred to in paragraph 1, the Court shall designate

insolvency administrator a person, designated by the President of the Court

According to the order specified on the date of registration of its registered office or establishment in the

the relevant part of the insolvency administrators led by



and the regional court for the circuit), which is the Court of the debtor's insolvency,

If at the time of determination of the application for a declaration of bankruptcy, or if it is not in the

the time of the determination of the application for a different way of dealing with bankruptcy and if it is not

the debtor by the person pursuant to § 3 (2). 2 of the law on insolvency administrators ^ 9a)



(b)) for the District Court, which is the ordinary court of the debtor, if in

the time of determination filed návrhna permit debt relief.



(3) if at the time of designation, filed a proposal to permit reorganization or if the

the debtor by the person pursuant to § 3 (2). 2 of the law on insolvency administrators ^ 9a)

regardless of the method of resolving the bankruptcy court will appoint

insolvency administrator a person, designated by the President of the Court

According to the order specified on the date of registration of its headquarters to the special part

list of insolvency administrators.



(4) if it does not prevent other circumstances shall be determined by the President of the Court

insolvency administrator of the borrowers, who formed the group, the same person.



(5) If a person cannot be appointed insolvency administrator of the procedure laid down in

paragraph 2, or if this is necessary with regard to the actual state of the

the insolvency proceedings to the person of the debtor and its property conditions,

as well as to professional competence of the insolvency administrator, the existing

activities and its load, the President of the Court may determine the

the insolvency administrator outside of the established order; such procedure always

reasons for such refusal.



(6) paragraphs 2 and 3 shall not apply in the case of the determination of a person's insolvency

the administrator, who is visiting the insolvency administrator. The President of the

the insolvency court for insolvency proceedings the person of the insolvency
the administrator who is visiting, the insolvency administrator of the appropriate section of the

the procedure, which is in accordance with the principle of temporality or

příležitostnosti, if this is appropriate in view of the status quo

the insolvency proceedings to the person of the debtor and its property conditions,

as well as to the competence of the person of the insolvency administrator, which is

visiting the insolvency administrator.



section 26



Against a decision on the provisions of the insolvency administrator, the appeal is

permissible. In the appeal, but you can reply only that established

insolvency administrator does not meet the conditions for the provision, or that it is not

nepodjatý. To facts that occurred or arose after the release

the decision of the Court of first instance, the appeal shall be disregarded.



section 27 of the



(1) the Court shall appoint an insolvency administrator not later than in

the bankruptcy decision. Under the conditions laid down by this law may

Court appointed before the decision on the bankruptcy of the preliminary

the insolvency administrator (hereinafter referred to as "the provisional administrator"); This decision

shall be published in the same manner as the bankruptcy decision.



(2) a provisional administrator performs before deciding on the decline of activity

provided for in this Act and stored his insolvency by a court and has the rights and

the obligations which this Court will define him. These rights and obligations cannot

the insolvency court to define a wider range than in which they belong

insolvency administrators after the bankruptcy decision. Unless otherwise specified in the insolvency

the Court of the person of the trustee in the bankruptcy decision, becoming

the preliminary decision of the administrator after the insolvency administrator with full

scope.



(3) the provisions of the insolvency administrator to apply mutatis mutandis to interim

administrator.



section 28



Under the conditions laid down in this law for deciding on a change in the person of

the insolvency administrator and the creditor institutions; for their decision to apply

section 21 to 24 and § 25 paragraph. 3 apply mutatis mutandis.



section 29



(1) at the meeting of creditors, which is the closest to following the review hearing, the

lenders may decide that the insolvency court appointed

the insolvency administrator to revoke from the function, and that the impact of the new

the insolvency administrator. This resolution is adopted if for them

voted in at least half of all lenders registered to date

the previous meeting of creditors, the calculated according to the amount of their

claims, who have the right to vote.



(2) the provisions of the resolution of the insolvency administrator pursuant to paragraph 1

confirms the insolvency court; confirm is only does not satisfy the

the insolvency administrator of the conditions referred to in section 21 to 24 and § 25 paragraph. 3; § 54

paragraph. 1 shall not apply.



(3) the decision referred to in paragraph 2, the Court shall issue to the end of the

the creditors ' meeting, which adopted the resolution referred to in paragraph 1; the appeal is

permissible only if a court resolution of the creditors ' meeting

does not acknowledge. The person entitled to appeal is the only lender that

at the meeting of creditors voted for the acceptance of the resolution; § 55 paragraph. 1

Similarly.



(4) the Insolvency administrator odvolanému the procedure referred to in paragraph 1

Court saves, to give him a report within the specified period for its

activities, in particular on the State of the property, which he administered, and to vyúčtoval

remuneration, expenses and the cost of the finished, incurred in connection with the

managing and maintaining the property.



section 30



(1) when a creditors ' meeting resolution on appeal set up by the

the insolvency administrator, without the provisions of the Act on insolvency

the new Manager, or if the meetings established insolvency administrator

removed from Office in accordance with section 31, paragraph. 2, designates an insolvency administrator

its decision to court; for this the appointed insolvency

the administrator section 29, paragraph. 1 does not apply.



(2) If, as a result of the decision of the Court on the refusal of the

filing claims such a change occurs in the persons of the creditors or the amount of

their claims, which would affect the outcome of the resolutions of the meeting

creditors referred to in paragraph 1, the resolution under section 29. 1 accept

the creditors ' meeting that the closest following this change.



section 31



The appeal of the insolvency administrator



(1) for important reasons that have no origin in violation of the obligations

the insolvency administrator, the Court may, on a proposal of the insolvency

administrator or creditor of the authority or without this design appeal

the insolvency administrator of the function. To do so usually after hearing

the insolvency administrator; the proposal submitted to decide immediately.



(2) the insolvency administrator appointed under the procedure pursuant to § 29. 1 to 3

Court revokes the function even if the requests it within 3 days after the

What is learned about their provisions; This does not apply if the insolvency

your administrator provisions agreed in advance.



(3) the insolvency administrator, which disappeared from the law the right to exercise

the activity of the insolvency administrator or the rights suspended under the

the law on the insolvency administrators ^ 9a), the Court may, on a proposal from the

the insolvency administrator or the debtor, the creditor authority or without

This design appeal. If circumstances permit, it shall do so

After hearing of the insolvency administrator; the proposal submitted to decide immediately.



(4) the insolvency administrator, which has canceled a permit or which

disappeared right temporarily or occasionally to carry on business

the insolvency administrator on the basis of the decision of the Ministry of law

insolvency administrators ^ 9a), the Court shall withdraw from the function.

The insolvency administrator appointed by the procedure under section 25, paragraph. 3

Court of appeals and then, if he canceled special

the authorisation or its right to disappear temporarily or occasionally

to carry out the activities of the debtor's insolvency administrator pursuant to § 3 (2). 2

the law on the insolvency administrators ^ 9a) on the basis of the decision of the Ministry of

According to the law of insolvency administrators ^ 9a).



(5) if the Court Revokes an insolvency administrator, designate

at the same time new insolvency administrator. Appeals against this decision

It is permissible; against the provisions of the new insolvency administrator

However, you can separately appeal only on the grounds referred to in section 26.



(6) the revoked the official receiver shall without undue delay

properly inform new insolvency administrator about your current activities

and passes all documents associated with the performance of its functions; his

responsibility for the duration of the performance function does not terminate.



(7) the provisions of § 29. 4 shall apply mutatis mutandis.



§ 32



Waiver of the insolvency administrator



(1) a trustee who fails to fulfil his obligations properly or that

does not flow in the performance of their functions competently or that seriously

violated the obligation, imposed on him by the law or by the Court, may

Court on the proposal of the creditor or debtor's authority or without

This proposal its function. To do so usually after hearing

the insolvency administrator; the proposal submitted to decide immediately.



(2) against the decision referred to in paragraph 1 may appeal the insolvency

the administrator and the persons entitled to submit a proposal in accordance with paragraph 1. The provisions of section 29 of

paragraph. 4 and section 31, paragraph. 5 and 6 shall apply mutatis mutandis.



section 33



The representative of the insolvency administrator



If appropriate, the Court may appoint the insolvency administrators

a representative for the case for serious reasons cannot temporarily its

the function to perform. For a representative of the insolvency administrator to apply section 29 to 31

mutatis mutandis.



§ 34



A separate insolvency administrator



(1) if the official receiver Is excluded from certain operations for your ratio

only one of the debtor's creditors or just to one of

representatives of the debtor's creditors, and if it is not, taking account of the nature of the

the claims of the debtor's creditors and its position in insolvency proceedings

reason to doubt that this relationship will affect the overall way the exercise of the rights and

the duties of the insolvency administrator, the Court may appoint for

These operations are separate insolvency administrator.



(2) if the official receiver Is excluded from certain acts, therefore, that

can resist the common interest of the creditors in the insolvency proceedings, in

which was also appointed insolvency administrator, appoint the insolvency

the Court for the following separate insolvency administrator always.



section 35



Special insolvency administrator



(1) in cases where it is necessary in the context of insolvency proceedings to deal with

specific issues requiring technical specialization, the insolvency

the Court to appoint a trustee and edit his relationship

the insolvency administrators. Unless otherwise stated, is not the reason for the

the provisions of the specific activities relating to the insolvency administrator

liquidation of the estate.



(2) For the provisions in the functions, remuneration and zprošťování function of the representative

the insolvency administrator, separate insolvency administrator and special

the insolvency administrator applies the provisions of the insolvency administrators.



(3) the Court shall appoint a special trustee for the payment of the claim

payment service users or electronic money holders procedure

laid down by law governing the payments.



section 36



(1) the official receiver shall in the exercise of the functions do

conscientiously and competently; is required to make every effort to
It may be fair to require that creditors were satisfied in what

as far as possible. The common interest of the creditors is required to put in the performance of

the function takes precedence over the interests of their own before the interests of other persons.



(2) the official receiver provides the creditor institutions synergy

necessary for the proper performance of their duties; in particular, at the request of

the creditor institution participating in its meetings. Unless the Court

otherwise, the insolvency administrator and the creditor institution

the insolvency court at least once every 3 months a written report on the State of

the insolvency proceedings.



§ 37



(1) the official receiver shall be responsible for any damage or injury that

the debtor, creditors or third parties caused by the fact that in the performance of their

the function violated the obligations that are imposed on him by the Act, or

by the decision of the Court, as well as by its performance did not proceed with the

professional care. This liability shall be exempted from the official receiver, just

If he proves that the damage or other injury could not stop even when

expending all efforts that it can be fairly

request with regard to the course of the insolvency proceedings.



(2) in accordance with paragraph 1 corresponds to the official receiver for damage or other

the injury caused to persons, which he used to perform their tasks. This is true

and for the employees of the debtor, acting in the scope of its activities,

or for any other person in a contractual relationship with the borrower.



(3) the official receiver shall be responsible for any damage or injury that

a creditor with a claim on the assets of the essence was that she could not

be met his claim arising on the basis of the legal act

the insolvency administrator; This responsibility with the insolvency administrator

exempt only if he proves that at the time when this Act was,

He could not know that nature will not be enough to cover the incurred by

the claim for the material.



(4) the right to compensation for damage or other injury against insolvency administrators

shall become statute-barred within 2 years after, when the injured party became aware of the amount of damages and

liability of the insolvency administrator, but not later than within 3 years, and if it is

about the damage caused by the intentional criminal offence, for which he was the insolvency

RES administrator sentenced, not later than 10 years from the end of the

the insolvency proceedings.



section 38



(1) the Insolvency administrator has the right to compensation and reimbursement of cash expenses. In

the case of bankruptcy the amount determined from the number of applications reviewed

receivables and the proceeds intended for distribution among the creditors.

If the official receiver is the payer of value added tax, it belongs to him

remuneration and reimbursement of cash expenses, the amount corresponding to the tax

that is the assignee shall be obliged to pay and compensation of the finished

expenses payable under special legislation ^ 10).



(2) the remuneration and reimbursement of cash expenses of the insolvency administrator

meet of the estate, and if this is not enough, from a backup on

the costs of the insolvency proceedings; If it is not their satisfaction from these sources

possible, be borne by the State, but not more than 50 000 Czk on the remuneration of the insolvency

Administrator and 50 000 Czk on the reimbursement of cash expenses of the insolvency administrator.



(3) the statement of remuneration and expenses of the official receiver performs finished in

the final report, and not to her, in a report on its activities. Insolvency

According to the circumstances of the case, the Court may, after consultation with the creditor Committee

the reward of the insolvency administrator to appropriately increase or decrease. The reason for the

a reduction in remuneration is, in particular, the fact that the insolvency administrator has violated

one of its duties or that it has not proposed the implementation of a partial

the schedule, although the status of the liquidation of the estate permit.



(4) the Court may, in the course of insolvency proceedings to decide on the

advance payment of remuneration and expenses of the insolvency administrator of the finished, and even

Once again.



(5) the Insolvency administrator revoked from the function or the zproštěný function in the

the course of the insolvency proceedings shall give the Bill rewards and finished

expenditure in the report on his activities; for the discussion of this report applies

mutatis mutandis to section 304. If this is the State of the insolvency proceedings, decides

bankruptcy court approval this message already in its course; in the case of

cash expenditure of an insolvency administrator, the costs associated with maintaining and

the administration of the estate and the billing of the advances paid,

without undue delay after the consideration of the report. Against the decision of the

the approval of such a message can appeal the insolvency administrator

the report of the official receiver, appointed and the creditors and the debtor,

the objections against this message was rejected.



(6) the method of determining the remuneration of some cash expenses of the insolvency

the administrator and the way their payments the State lays down detailed legal prescription.



section 39



(1) the creditors may, with the consent of the insolvency court on the basis of the

the decision of a creditors Committee provide the insolvency administrators backup

to cover his expenses, and even again. When the advance payment shall be determined

the conditions of the Bill; You can also specify the purpose for which the backup is to be

spent.



(2) the costs of the activities, for which it is the official receiver shall by

law or by decision of the Court, are included in the

remuneration and carries them from your. Exceptionally, the completion of these activities provide

other persons on behalf of the estate, with the consent of the insolvency

the Court and the creditor Committee; This is without prejudice to his obligations or

the liability under this Act.



(3) the costs of the insolvency administrator, associated with the use of legal,

Economic and other specialized experts may be covered from equity

nature, only if their use is appropriate, given the range and

performance of the insolvency proceedings and, if approved in advance by the creditor

by the Committee.



section 40



(1) the official receiver is acting on its own behalf on behalf of the debtor, if the

It passed permission to dispose of the material. Indicates the

in a way that it is obvious that they do so in the performance of functions

the insolvency administrator; part of it is the unmistakable

the designation of the debtor, with the essence of the treated material.



(2) the Acts referred to in paragraph 1 shall, in particular, legal acts, which

the insolvency administrator of commercializing proprietary nature or otherwise

and his acts in the incidental litigation, as well as in other

disputes involving the debtor's location.



(3) the official receiver may instruct its employees and staff of

of the debtor, to act in judicial and other proceedings; This is not a

without prejudice to his responsibility under this Act.



§ 40a



On the basis of the decisions and other enforcement orders arising in the course

insolvency proceedings against insolvency administrators for claims or

other rights relating to the estate or to be

recovered from the estate, cannot lead the execution of the decision on the assets

the insolvency administrator; This does not apply if the riot the measures imposed

insolvency administrators in connection with such proceedings, and

the decision, which saved the cost of insolvency administrators replace

control, which caused his fault or that have arisen by chance that

happened to him.



Credit financing



§ 41



(1) the official receiver may, to maintain or restore the operation of the undertaking,

that is part of the estate, close to normal business

the conditions of the loan contract, and contracts, as well as a similar contract for the supply of

^ 11) energy and raw materials, including agreements to ensure compliance with these treaties

(hereinafter referred to as "the credit financing").



(2) if the conditions Will get worse than the best offer, have so far

secured creditors priority to the Treaty referred to in paragraph 1 have been

concluded with them; This applies mutatis mutandis to contracts for the supply of

energy and raw materials referred to in paragraph 1.



section 42



(1) the assets obtained from the funds granted in the framework of credit

the financing is not subject to collateral under previously concluded contracts.



(2) the means obtained from the loan financing can be used only for the purpose of

referred to in the contracts of credit financing.



(3) to the conclusion of contracts on credit financing is also authorised to release to the borrower with the

permissions or the debtor to perform for the duration of the moratorium.



§ 43



(1) the public authorities, in particular the cadastral offices, recording

motor vehicles and other administrative authorities, as well as notaries, judicial

executors, the person leading the registration of securities, financial institutions,

the operators of telecommunications services, postal operators

and other persons engaged in the transport of consignments, print publishers and

carriers shall provide the insolvency administrators, at his written request,

undue delay synergy on this way.



(2) the assistance referred to in paragraph 1 is that the authorities and the people in it

listed are the insolvency administrators information about the debtor's assets and

some of the other data, which are necessary for the performance of the Administration, and in the same

the extent to which would have disclosed directly to the debtor. This synergy is

also, in that the authorities and the persons that have in themselves the instruments or

other things that can serve to establish the debtor's assets, is without
undue delay after receipt, issue, or granting

insolvency administrators. If the data held in electronic form,

meet the institutions and persons referred to in paragraph 1, the obligation to provide

synergy by the insolvency administrator to them will allow remote access.

Synergy is provided free of charge; unless the authorities of the public administration,

It is for the assistance provided by the who, the right to compensation by the United

cash expenses.



(3) the obligation of the institutions and persons referred to in paragraph 1 to provide

insolvency administrators synergies under other provisions of this Act,

where appropriate, in accordance with the provisions of the special legal regulation, it is not

without prejudice to the.



§ 44



(1) Cooperation under section 43 shall be granted, in particular, that the



and the head) of the person registering the securities shall notify the insolvency administrators

data on there that registered securities which belong to the assets of the

of the debtor,



b) banks, savings and loan cooperatives and the branches of foreign banks

communicate to the insolvency of debtors ' accounts of the numbers of administrators, inform it of

the States of these accounts and movements of funds on them and submit to him

information about the debtors ' úschovách and holding books,



(c)), postal operators and other persons dealing with the

the transport of consignments, inform the insolvency administrator of the debtor's

multiple delivery locations, the extent and the nature of the delivered consignments and the total

the funds, which the borrower receives through them,



d) providers of electronic communications services shall notify the insolvency

Administrators information about debtors ' phone, telex, telefax, and

other electronic stations and addresses that are not listed in the

available lists,



(e) an insurance undertaking shall notify the insolvency administrators) information about the debtors '

insurance policies and claims payments,



(f)) print publishers shall notify the insolvency administrators information about advertising, which

relates to the estate,



(g) the carrier shall notify the insolvency administrators) data on transported

debtors ' cases and their beneficiaries.



(2) on the request of the authorities and persons, which requires joint action, insolvency

the administrator shall demonstrate its provisions in the insolvency decision function

of the Court.



(3) the persons and bodies that are required to provide the above-mentioned

or insolvency administrator assistance, are responsible for any damage or other

the injury caused, in the case that this synergy will not provide a duly

and in a timely manner.



section 45



Insolvency administrator maintains the confidentiality of facts which

special legislation lays down the obligation of secrecy, if they

learned in the exercise of their functions, and even after its termination; This

confidentiality in the scope of the performance of this function may exempt that, in

whose interest it has, or the insolvency court. The same applies to the third person

carrying out the activities to which it is bound to the insolvency administrator.



Part 4



The creditor institutions



section 46



The creditors ' meeting, the creditor committee and a representative of the creditors of the



(1) the Creditor institutions are the creditors ' meeting and the creditor committee or

the creditors ' representative.



(2) any meeting of creditors is the responsibility of the selection and the appeal of the creditor committee members

and his alternate or representative of creditors; Decides also about whether

leaves in the function of the Interim Committee of the creditor. The creditors ' meeting may

to reserve whatever belongs to the scope of the creditor institutions. The resolution,

the creditors ' meeting in which the scope of the creditor institutions, other reserves,

is taken, if the majority voted for them consisting of at least two

thirds of the votes present or duly represented creditors, calculated

According to the amount of their claims. If there is no appointed creditor committee or

the creditors ' representative and if it is not otherwise provided for in this law, shall exercise

the creditors ' meeting and their scope.



(3) the Creditor Committee carries out the scope of the creditor institutions with the exception of

things that belong to the competence of the meeting of creditors, or that the meeting's

creditors had reserved.



section 47



The creditors ' meeting



(1) the creditors ' meeting shall be convened by and governed by the insolvency court. It will convene from own

initiative or on a proposal from the insolvency administrator of the creditor Committee

or at least the creditors whose claims amount calculated in accordance with (§ 49

paragraph. 1) is at least a tenth of the registered claims. Insolvency

the Court shall convene a meeting of creditors to be held within 30 days after the

its convening was asked if not designed the later date.



(2) the right to participate in the meetings of creditors are creditors, login

the debtor, the insolvency administrator and the State Prosecutor's Office, if shall participate in the

the insolvency proceedings. If the debtor employee, has the right to participate in the

the creditors ' meeting also trade union organisations, which acting for the debtor.

If the debtor's next to each other for more trade union organisations, this

the right to trade union organization with the largest number of members or the Association

trade union organisations, with the largest number of members, unless the

Trade Union organisation operating on the debtor otherwise.



section 48



(1) notification of the convening of a meeting of creditors shall be published by the insolvency court

by Decree (article 71, paragraph 3), which must be the subject matter of the negotiations, as well as

(I) the place and date of the meeting. Convene a meeting of creditors on a proposal from the

the persons mentioned in § 47 odst. 1, marks the Court as the subject

negotiations always matter for which this proposal was filed.



(2) the meetings of the creditors may be discussed only the subject of the hearing, which was

mentioned in the notice convening it. If they are present at all the creditors,

they can decide on the next course of negotiations; for the present, for the

this purpose is not considered a creditor who shall vote in writing (§ 50 (2)).

The subject of the first meeting of creditors is always the choice of the creditor

Committee and the resolution of the creditors pursuant to section 29. 1, has been appointed

insolvency administrator and held to this meeting after the review meeting,

report of the insolvency administrator of his past activities, and if the

appointed Interim Committee, report of the creditor Committee about his

the existing activities. If the Court has not decided yet about how to

the solution of the debtor's bankruptcy, is the subject of the first meeting of creditors

also, the way to deal with the debtor's bankruptcy.



(3) a creditor who has lodged repeated a proposal to convene a meeting of the nedůvodně

creditors, is obliged to pay other creditors on request

the costs they have incurred in connection with their participation at the meeting

creditors, held on his proposal; This saves the insolvent lender

Court to pay a lump sum to pay the costs associated with the

discussion nedůvodného of the proposal on the convening of the meeting of creditors in the amount of 5 000

CZK; the payment of this lump sum, which is the income of the State cannot be

waived.



Voting right



section 49



(1) subject to this Act, requires the validity of resolution

meeting of the creditors of the simple majority of the votes present or duly represented

creditors, according to the amount of their claims to be calculated; Meanwhile, on the

each 1 Czk claims I find a voice.



(2) if the claim belongs to more than one person, must agree on who will be the

exercise the rights associated with it. Unless the exercise of these rights

just over its part of the claim; for these purposes, each of the

the following persons belong to the same part of the claim. The provisions of the civil

Code ^ 12) on joint ownership shall apply mutatis mutandis.



section 50



(1) unless provided otherwise below, the right to vote to all at the meeting

present creditors. The voice, which is bound to compliance with the conditions

be taken into account.



(2) creditors may vote in writing, also by submitting explicitly identified

as the "ballot", which must not contain any other procedural

the Act from which there is no doubt how they voted, and on which is officially

verified the authenticity of the signature. Their voice is taken into account, only if the

submission containing all the essentials delivered to the insolvency court

no later than the day preceding the meeting of the creditors; section 43 of the code of

Code of civil procedure shall not apply.



(3) particulars of a ballot under this provision lays down the

the implementing legislation.



section 51



(1) the creditors whose claims have been denied, can the extent of denial

the vote, agreed to the meeting of creditors. If the creditors ' meeting

not be granted voting rights to creditors whose claims have been refuted,

decide on the voting right of creditors of the insolvency court.



(2) denial of the claims registered lender or borrower does not affect

on voting right of creditors whose claims have been refuted.



(3) unless the cases referred to in paragraph 1, shall decide on the voting

the right of creditors whose claims have not yet been detected or is

contentious insolvency court. It will do so only on the proposal of the debtor,

the insolvency administrator or one of the creditors. The proposal can be made and

before the date of the creditors ' meeting.



(4) unless otherwise provided, they do not have the voting right of creditors

claims for pecuniary nature (section 168), creditors with claims

built on a par with the claims of property nature (section 169),

creditors with claims excluded from the solution of the bankruptcy (section 170),
the claims of the creditors with the child (section 172) and by the time the swap meet

conditions for lenders, who signed the claim per swap

the condition.



section 52



(1) the voting right of examining the Court for each of the lenders

individually.



(2) against the decision of the Court of the voting right of creditors

is not subject to appeal. This decision is not an insolvency

for the next meeting of creditors, the Court is bound.



(3) if the decision of the Court of the voting right of creditors

dependent on another court decision against which the appeal is

permissible limits can appeal against such a decision

examine the correctness of the decision of the Court and the insolvency of the voting

the right of creditors; it applies only for the first such decision issued after the

the decision of the Court of the voting right of creditors.



section 53



Unless the option of the creditor committee, none of the creditors shall not vote

in his own case. In the case of the person, which are with the lender, or

in the case of a person to the creditor, the creditor may vote in, unless the

This act otherwise.



§ 54



The procedure of the insolvency court



(1) if the resolution is contrary to the creditors ' meeting the common interest of the creditors,

the Court may cancel; This does not apply in the case referred to in section 29 of the

paragraph. 1, § 51 paragraph. 1 and for the resolution of the creditors ' meeting about how the solution

the debtor's bankruptcy, a reorganization plan, or on the way in debt relief.



(2) the decision on the cancellation of the resolution of the creditors ' meeting may Court

only in the end of the meeting of creditors, which adopted the resolution, and may

to do so only on the proposal of the insolvency administrator or creditors who

voted against the adoption of the resolution of the creditors ' meeting.



section 55



(1) After the publication of the decision, which clears the resolution of the creditors ' meeting,

Court shall invite each of the creditors who voted

for the adoption of the resolution of the creditors ' meeting that stated that the surrenders

the appeal; at the same time is to instruct that the appeal, which will be submitted to the

the end of the meeting of creditors, can no longer be filed. Representation of creditors and their

lessons shall be entered in the minutes of the hearing. The decision of the Court

delivered only to persons who have submitted an appeal against it.



(2) If a court proposal to repeal the decision of the meeting of the

creditors rejected the procedure under paragraph 1 shall apply mutatis mutandis in relation to the

the person who filed a proposal.



(3) a person entitled to appeal against the decision to cancel

the resolution of the creditors ' meeting is the only creditor who voted for the adoption of

This resolution. To appeal against the decision to reject the proposal

on the abolition of the resolution of the creditors ' meeting is the only person who

the proposal was lodged.



Creditor Committee



section 56



(1) if it is registered more than 50 creditors, creditors ' meeting shall

elect a Committee. Members of the creditor committee and their

alternate members shall elect a creditors ' meeting.



(2) the Creditor Committee has at least three and not more than 7 members. The number of members of the

the creditors ' Meeting decides. The creditors ' meeting may decide that each

the creditors Committee has its own surrogate; the creditors ' meeting may

decide on a higher number of alternates of the members of the creditor committee.



(3) it is a way to solve the bankruptcy of a tiny bankrupt or debt relief, it is not

the choice of the creditor committee mandatory.



§ 57



(1) in the creditor Committee should be represented and failure to ensure

lenders. Members of the creditor committee of unsecured creditors proposed

There must always be at least as much as the members of the proposed detention

the creditors; This does not apply if the unsecured creditors of its members

nenavrhnou or the proposed person does not agree with this proposal, or

they are not chosen for other reasons.



(2) the members and alternate members of the creditor committee designing the displaced

creditors elect and revoke the voices of the unsecured creditors. Members and

alternate members of the creditor committee nomination secured creditors shall be elected and

refer the voices of secured creditors.



(3) the election and dismissal of the members and alternate members of the creditor Committee confirms the

the insolvency court; his decision is not possible. For the resolution of the meeting of the

creditors under section 62, paragraph. 2 the first sentence shall apply mutatis mutandis.



section 58



(1) the Creditor Committee to protect the common interest of the creditors and in conjunction with the

insolvency administrator contributes to the fulfillment of the purpose of the insolvency proceedings.



(2) the Creditor Committee, in particular,



and oversees the activities of) an insolvency administrator,



(b) the insolvency administrator) provides the support for its activities,



(c) insolvency administrators) grants or the debtor to perform

the permissions of the consent to the conclusion of contracts of credit financing,



(d) approves of and ongoing) the accuracy of the cash expenses of the insolvency

the administrator and the costs associated with maintaining and managing the estate,



(e) can consult the debtor) accounts or records kept by the

special legal regulation ^ 13),



(f)) may decide on the verification of the proper financial statements or additional financial

accounts auditor,



(g)) may be seen in the debtors ' documents in the same range as

the insolvency administrator



(h)) perform the tasks provided for in this law or imposed his insolvency

the Court,



I) is entitled to submit proposals relating to the insolvency court during

insolvency proceedings, including proposals to save the procedural penalties.



(3) the Creditor Committee carries out its activities as a choir; from its Center

shall elect a Chairman, who shall convene and subject to its meeting. If the creditor

the Committee has chosen a President even repeated election, it shall designate from among the members of the

the creditor committee of the Court. Creditor committee shall meet from

own initiative or shall convene a court or insolvency

administrator. Shall be decided by majority vote of its members, saying that absent

members represent their alternates; If the creditor committee more

alternate members (section 56 (2)), to represent it in the order specified meetings

creditors in their choice. When the casting vote of the Chairman.

Adopt a resolution only if the creditor committee may, if it is present, the absolute

most of its members or their alternates. He admits to the nature of the

some of the activities, the creditor Committee its making or

the implementation of entrust one of its members or its replacement.



(4) the members and alternate members of the creditor committee may in the creditor

the Committee put on the danger represented by any natural person,

that has the competence to legal capacity in full; unless it is a

a lawyer may act only this representative personally. Costs they

It will arise from your pay.



section 59



(1) the members and alternate members of the creditor Committee might be just the login

lenders, who agrees to his election. If it becomes a member of, or

alternate member of the Committee of the legal person, the creditor shall immediately notify the

the insolvency court of a natural person, that will be her name in the

the creditor committee to act.



(2) Members or alternate members of the creditor committee may not be the case

which is due to their relation to the debtor a reason to doubt the

their impartiality. The following can be concluded, in particular, in the case of persons

the debtor, in the head of the employee of the debtor, pursuant to section 33, paragraph. 3 and §

paragraph 73. 3 of the labour code, the shareholders of the debtor, with the exception of the shareholders,

If you are not in the institutions of the debtor or the debtor's shares not owned by the

or other securities issued by participating in the summary value of more

than one tenth of the share capital of the debtor, and the persons forming with the debtor

the concern.



(3) the Court does not confirm the election of a member or alternate of the creditor

the Committee, if there is reason to doubt their credibility or about

to be eligible to exercise the function. This decision must be insolvent

the Court to declare the end of the meeting of creditors, to which the election occurred.



(4) following the publication of the decision referred to in paragraph 3, the Court shall invite the

each of the creditors, who voted for the election that said,

whether any appeal, at the same time instruct that the appeal, which will not be

submitted to the end of the meeting of creditors, can no longer be filed. Representation of creditors

and their lessons shall be entered in the minutes of the hearing. The decision of the insolvency

the Court delivered only to persons who have submitted an appeal against it.



section 60



(1) the members and alternate members of the creditor committee are required to exercise

their function, proceed with care and are responsible for any damage or other

the injury, which caused the breach of its obligations, or the improper

the performance of its functions. The common interest of the creditors are in the performance of functions

obliged to give precedence to their own interests and the interests of other persons.

To acquire the assets of the estate may only with the consent of the meeting

the lenders. And for its staff and other persons whose

through fulfil or should perform their duties.



(2) the members and alternate members of the creditor committee have the right to compensation

necessary expenses related to the performance of functions and to adequate remuneration, which

Specifies the amount of the insolvency court.



(3) the Creditor Committee may, in its activities, the services of the legal
Economic and other specialized professionals. The costs that the

members or alternates of the creditor committee, a maximum of

the estate only with the consent of the insolvency court. When

the granting of consent of the insolvency court examines the effectiveness of the incurred

the costs of their range in comparison with the overall scope of the assets

the nature and essence of the pecuniary benefits. If approval is granted, the

the claim for the material.



(4) the method of determining the necessary expenses and the remuneration of the members and alternate members of the

the creditor committee and the maximum amount is determined by the detailed

legal prescription.



section 61



(1) pending before the provisions of the creditor committee and to confirm

the election of its members and alternate members of the Court may, even before the first

meetings of the creditors and the bankruptcy decision, appoint an interim

creditor Committee; propose-if the debtor, creditor or who is logged on

the provisional administrator, to do so without delay.



(2) if the creditor committee to establish a creditors meeting for this purpose

convened, the exercises after the scope of the creditor Committee

the insolvency court. A new meeting of the creditors for the purpose of the provisions

the creditor committee shall convene the Court only on the proposal of the authorised person

(section 47 (1)).



(3) against the decision, which the Court shall appoint the interim

creditor committee, is not appealable. The decision is delivered to the

separately, the debtor, the insolvency administrator or the interim administrators,

logged on to the creditor, that the appointment of the Provisional Committee of the creditor

He suggested, and appointed members of the Provisional Committee of the creditor.



section 62



(1) if it is possible, the Court shall appoint the interim creditor

the Committee so as to ensure they were represented and the unsecured creditors.



(2) the first meeting of creditors held after the appointment of the provisional creditor

the Committee will decide whether to remain in the function of interim creditor

the Committee. The resolution is adopted if the majority voted for them

present or duly represented secured creditors calculated according to

the amount of their claims and the majority of members present or duly represented

calculated according to the amount of the unsecured creditors of their claims. The first

the creditors ' meeting held after the appointment of the Provisional Committee of the creditor

It may also revoke any of its members or its substitutes or

choose another Member and his alternate; proceed in accordance with §

paragraph 57. 2.



(3) the Provisional Committee creditor finishes as soon as

Court confirms the creditor committee appointed at the meetings of creditors.

From the moment the Court confirms the resolution whereby the meeting of the

the creditors ' Committee in the interim, leaves the creditor function, this Committee

considered a creditor committee appointed at the meetings of creditors.



section 63



(1) the functions of the creditor committee, a member or alternate shall

reference from a function, the function of the resignation or termination of its participation in the

insolvency proceedings.



(2) If the participation of creditors in insolvency proceedings will end the procedure referred to in

section 18, shall pass to the purchaser its claims and membership of the lender

in the creditor Committee; This does not apply if, in this way, the claim

the existing creditors more persons.



(3) for important reasons, especially when the violation or neglect of the

obligations, the Court of appeal or the creditor Committee

one of its members and alternate members. It can do so without the proposal.



section 64



(1) an appeal against a decision of the Office may appeal any of the

revocation of persons; of these persons, the decision served separately.



(2) Against a decision on the appeal of the design features may be rejected

to submit an appeal, the person who filed a proposal. Of these persons, the decision

delivered separately.



section 65



(1) a member or substitute member of the creditor committee may at any time of their function

withdraw. It shall do so by submitting to the insolvency court, which

may not contain the reasons.



(2) if the creditor committee or any of its members or

replacements for the demise of the function cannot carry out their activities and creditor

the Committee already has the number of members designated by the creditors meeting shall be convened by

Court meeting of creditors for the purpose of conducting a new election or

additional options. If a member of the lapses of the creditor committee, will

in its place the substitute and complementary choice will be determined by the new

substitute. With respect to the Interim Committee appointed the insolvency creditor

the Court, which so far has not confirmed the meeting of creditors, the new interim

creditor committee or one of its members or alternate members shall be appointed by

the insolvency court.



section 66



Court as a creditor Committee



(1) if in the course of insolvency proceedings will decrease the number of members of the

the creditor committee set up by the creditors meeting on less than 3 or under

most of the exercises, the scope of the creditor committee to the confirmation of a new

options or additional options of the members of the creditor committee to at least

3 or the number of most members of the Court.



(2) if the missing members of the creditor committee to number at least 3

or the number of members of the solution to most of the creditors ' meeting for this purpose

convened, the exercises after the scope of the creditor Committee

the insolvency court; section, paragraph 61. 2 the second sentence and article 61, paragraph. 3 shall apply mutatis mutandis.



(3) of the Act, that Court carried out in the exercise of competence

the creditor committee, must be so identified.



§ 67



The participation of trade unions in the creditor Committee



If the debtor employee, has the right to participate in the negotiations of the creditor

Committee or the provisional creditor committee with advisory also

trade union organisations, which acting for the debtor. If the debtor

the juxtaposition of multiple trade unions, the Trade Union has this right

the organization with the largest number of members or the Association of trade unions

with the largest number of members, unless the trade union organisation operating

on the debtor otherwise.



section 68



The creditors ' representative



(1) if the option of the creditor committee, mandatory, the creditors ' meeting

instead choose the creditors ' representative and its alternate.



(2) the provisions of the creditor Committee applies to the creditors ' representative and his

an alternate analogy.



Part 5



Other procedural bodies



§ 69



The State Prosecutor's Office



If it is against a decision of the Court of Appeal allowed the insolvency

a resource, it can bring even the Prosecutor's Office, which entered into

insolvency proceedings, into the incidenčního of the dispute or to the moratorium.



section 70



The liquidator of the debtor



(1) the liquidator of the debtor in insolvency proceedings shall exercise its competence in the

the extent to which turned on an insolvency administrator; in the scope of

include synergies with the insolvency administrator imposed by law on the debtor.



(2) Scope pursuant to paragraph 1 shall be exercised by the liquidator of the debtor from filing

insolvency and, in the case of insolvency the creditors, from the proposal

the bankruptcy decision.



(3) in the context of its activities in the insolvency proceedings, the liquidator has

the debtor's right to pay the necessary expenses and to adequate remuneration, which

the amount of the Court shall designate, on a proposal of the insolvency administrator in accordance with the

a special legal regulation.



(4) For the person in the position of a liquidator of the debtor pays a similar position

paragraphs 1 to 3 apply mutatis mutandis.



Title III



Provisions of the insolvency proceedings



Delivery



section 71



(1) a judicial decision, summons, notice or other document

the insolvency court or participants in insolvency proceedings served

only the publication of documents in the insolvency register (hereinafter referred to as

"the delivery of the Decree"), unless the law provides for certain cases or for

a certain person and the specific manner of delivery.



(2) When a document is delivered by a decree be deemed delivered on the date,

where appropriate, the time of its publication in the insolvency register;

at the moment of the publication of the document in the insolvency register, means the date

the hour and minute of its publication.



(3) the obligation to publish a decree of court information

provided for in this Act, is met through the publication of relevant documents in

insolvency register; When the disclosure of the documents in the insolvency

paragraph 2 shall apply, mutatis mutandis, register.



section 72



(1) in addition to the delivery of the decree or the publication of the decree can insolvency

the court document, or publish the data and through bulk

the media or the network or electronic services

communications, if that is appropriate given the number of participants and the nature of things;

This publication may not contain a recital.



(2) a summons to the Court made by the participants of the above-mentioned decree must

to be published, at least 15 days before the date of the hearing, or other

operation of the insolvency court held.



section 73



Unless otherwise provided in this Act, the insolvent court decree delivered

also the Court decision, which under this Act issued before

insolvency proceedings or after; the same applies for the delivery of

the summons, notice or other document, that with the release of such

the Court's decision.



§ 74
(1) the publication of the document in the insolvency register is evidence of the

delivery and special delivery method of the document.



(2) if the delivery of the document for which the law provides for a special

the way of delivery, linked the start of time limit to appeal

resource or other procedural act, the time limit begins from the date of

When the document was received by the addressee in a special way. About must be

the addressee advised.



§ 75



(1) special delivery only, if the law requires that the

document was served separately or to the addressee.



(2) unless otherwise provided in this Act, the document is in

insolvency proceedings, the debtor, the insolvency administrators, specifically, the State

the Prosecutor's Office, which entered into insolvency proceedings, the creditor

of the Committee. The Court decision is delivered separately also to persons whose

filing bankruptcy court rules, and persons who are in the insolvency

control something personally. The document, which lays down specific

^ Law 16) is delivered separately also authority, who leads the business

or other register in which the debtor is registered.



(3) in addition to the delivery of the Decree may be in certain cases, especially

by the document, which provided for the President of the Senate. This

the procedure of the insolvency court, however, must not be in contradiction with the principle of

the equality of participants in insolvency proceedings.



§ 76



(1) if the official receiver delivers the documents relating to the

insolvency proceedings personally, the position of the bailiff.



(2) a document served by postal operators

the services of the official receiver be sent, if it is necessary for the insolvency proceedings

proof of service of a document, such as postal mail with advice of delivery or

as the mail intended for delivery to the addressee.



(3) if the insolvency administrators served

through electronic communications networks or services, in person or

through postal services, may request

delivery of the insolvency court.



§ 77



(1) the document specified by the insolvency administrator delivers Court

in the data box of the insolvency administrator ^ 16a). If it is not possible to deliver

the document in this way, shall transmit to the Court a document doručujícímu

authority for delivery to the address of its registered office registered in the insolvency

Administrators. If the official receiver so requests, the Court

forwards the document to be delivered to a different address in the Czech Republic, which the

He told the Court the insolvency. To another address or e-mail address

can be served only if it cannot be delivered to the mailbox.



(2) the document specified by the insolvency administrator, including documents

delivered into your own hands can accept also his staff,

as well as any other natural person, that the insolvency administrator.



§ 78



(1) if the insolvency administrator Is a natural person, which, according to

Code of civil procedure of the document due to its position

be served differently than other natural persons, and if it is not possible to deliver

the document data Clipboard into an insolvency administrator ^ 16a)

Court document insolvency administrators doručujícímu

authority for delivery in this way; section 77 shall not apply.



(2) unless, in the case referred to in paragraph 1, the Court in

document to be transmitted to the service of the doručujícímu authority, connects to the

the designation of the insolvency administrator to Appendix "insolvency administrator".



section 79



(1) the document to the creditor committee of the Court delivers to the

data mailboxes Chairman ^ 16a). If it is not possible to effect service

in this way, it shall transmit the document to be served on the authority of doručujícímu

address for service of its Chairman.



(2) if the creditor committee so requests, the Court shall forward the

the document to be delivered to a different address in the Czech Republic, which the

creditor Committee said the insolvency court. To a different address, or

the e-mail address can be delivered only if it cannot be delivered to the

the data on the Clipboard.



(3) for the delivery of the creditor Committee applies to section 78, paragraph. 1 similarly.



§ 80



(1) if the person to whom the document is served separately, unable to

deliver the document to the address indicated in the filing that it has made in the

insolvency proceedings, such as the address of residence or registered office, or as a

address in the Czech Republic, for which it is to be delivered,

delivers the document to the Court again by Decree; the provisions of § 74

paragraph. 2 does not apply in this case. If the document does not contain the

indication of the addressee shall affix it to the insolvency court decree before delivery

even this indication.



(2) if the person has done, that is the document served separately, in

insolvency proceedings more submissions, served by document

paragraph 1 to the address of residence or registered office or to the address in the Czech

Republic, to which the document is to be delivered, which stated in

the final submission of the insolvency court.



(3) the person to whom the decision of the Court was delivered by Decree

or that it was delivered only abbreviated the text of the decision, the

the right to a free copy of a copy of the decision. The insolvency court

to do so, at its request.



§ 81



Riot fine



(1) fined ^ 17) can save the members of the Court, or

alternates of the creditor committee, who are without proper excuse not participating in the

its meetings or otherwise fail to comply with their obligations.



(2) the Insolvency administrators, which has failed to fulfil an obligation imposed on him by the Court

or properly fulfil its obligations, the other can save the Court

fined, even repeatedly, up to the aggregate amount of 200

USD.



section 82



(1) an interim measure in the insolvency proceedings, the insolvency court

order without design, unless the law otherwise. The applicant provisional

the measure, which would require the Court could even without a draft, it is not

obligation to lodge a security. The obligation to lodge a security to the applicant

the interim measure is not the debtor.



(2) Provisional measures may Court at the time of the decision on the

insolvency of the proposal also



and appoint a provisional administrator)



(b) to restrict, for reasons) worthy of special attention in the manner laid down in the

interim measures one of the effects associated with the launch of

the insolvency proceedings referred to in § 109 paragraph. 1 (a). (b)), and (c)),

If this is not contrary to the common interest of the creditors, or



(c) the above-mentioned applicant) to save, which is not an employee of the debtor

and whose claim against the debtor is not only in the labour

claims to have lodged in order to ensure compensation for damage or other injury,

that the debtor was the commencement of the insolvency proceedings and nedůvodným

the measures adopted in its course.



(3) if it is not contrary to the common interest of the creditors, the insolvency court of

reasons worthy of special attention the preliminary measures also



and grant consent to offsetting) mutual debts of the debtor and the

the lender at the time of the duration of the moratorium, or



(b)) to give consent, setting off reciprocal claims of the debtor and the

the creditors even after the time of publication of the proposal on the reorganization of the authorization in the

Insolvency Register, or



(c)) prohibit for certain cases or for a certain time the set-off of mutual

the claims of the debtor and the creditor.



(4) interim measures by security to ensure

damages or other injury that the debtor was established nedůvodným

the commencement of the insolvency proceedings and the measures adopted in the course of,

You can order only the debtor's proposal made at the first of the Act, which

the debtor is entitled, after the filing of insolvency, and only if the

the debtor showing that the emergence of such damage or other injury obviously threatens.

If, however, according to the results of the insolvency proceedings can be

expected that the debtor's bankruptcy, insolvency will be certified by the Court a proposal for

Regulation of such interim measures shall be refused. Mutatis mutandis on

the provisions of § 202, paragraph. 5 and 6 and the provisions of the code of civil

the order of security for interim measures. The provisional measures referred to in

paragraph 3 can be required only on the proposal of the debtor, the insolvency administrator

the lender, which is offsetting concerns, or person having legal

interest.



(5) the decision on the application for interim measures referred to in paragraph 2 (a). (b))

or (c)) shall transmit to the Court, the debtor into own hands

the insolvency administrator, the person who has submitted such a proposal, and

the above-mentioned applicant. The provisional measures referred to in paragraph 3 shall deliver to the

the insolvency court into their own hands to the debtor, the insolvency administrator

the person who has submitted such a proposal, and in the event that the interim measures

applies to each of the creditors ' claims, and the those of the creditors.

If the Court ordered interim measures,

decision on the application for interim measures referred to in paragraph 3, especially

the debtor, the insolvency administrator and the person who has submitted such a proposal.



(6) if the debtor Is the operator of or a participant in a payment system with the

finality of settlement of foreign payment system
finality of settlement, the settlement system with the finality of

settlement or foreign settlement system with the finality of

the settlement, inform the Court on the issue of interim measures

referred to in paragraph 3 together with his publication in the insolvency register

The Czech National Bank.



section 83



Relief in insolvency proceedings is not permitted; the same thing

true, if the judgment of the Court of the negotiations, including a missed meeting

creditors or of the review meeting.



§ 83a



The connection of things



Unless otherwise stated, is not in the insolvency proceedings permitted

joinder of various debtors to the common control.



§ 84



(1) the interruption of insolvency proceedings is not permitted; for a period, after which the

The Czech National Bank has suspended trading of all investment

instruments on a regulated market under special legislation ^ 18),

However, you cannot issue a decision on the bankruptcy of a debtor who is an entrepreneur.



(2) with respect to a case referred to in paragraph 1 and shall propose if logged in

the creditor, the debtor, the Court shall appoint the interim insolvency administrator.

Unless the insolvency of the petitioner, the Court may take such

lenders save that in due time he paid an advance on costs

the provisional administrator; § 108 shall apply mutatis mutandis.



§ 85



The negotiations



(1) in the insolvency proceedings, the insolvency court orders the hearing only if the

If this law or, if it considers it necessary. Of the action,

which the Court acts with other procedural facts of the bodies of the

the essence of the case or on procedural matters, that it

they can influence, always provide a protocol; If this is not possible due to the

the way in which the procedural body turned to the Court and, if

unilateral adoption or submission of the information by the Court in the insolvency

the common interest of the creditors, the insolvency court is obliged to the following adopted

or provided information to always record to an insolvency file.

The elements of such a record lays down detailed legal prescription.



(2) Proposals that may be submitted under this law, and procedural

the operations to be carried out during the negotiations, when another Court Act

or at the meeting of creditors may not perform those

absent, though, were properly subpoenaed.



The taking of evidence



§ 86



In the insolvency proceedings, the insolvency court is obliged to perform other evidence

needed to the debtor's bankruptcy or the certificate of its impending bankruptcy, than

the participants were suggested.



§ 87



(1) even if, under this Act, the Court may issue the

the relevant decision or make other act in insolvency proceedings to the

hearing of the debtor, the debtor can refrain from hearing, if the debtor

staying abroad and if the risk of undue delay; the same thing

true, it is not known if the debtor's residence. If it is possible, the Court in

such a case shall be heard by a representative of the debtor or the person of the debtor

the nearby.



(2) if the debtor is a legal person, the provisions of paragraph 1 shall apply mutatis mutandis to

interrogation of natural persons who are authorised to act for it.



The decision of the



section 88



(1) the Court shall decide in insolvency proceedings by order.



(2) unless otherwise provided in this Act, a written copy of the header

the resolution, issued in the insolvency proceedings shall indicate the designations of the insolvency

the Court, the names of the judges, the designation of the debtor and his representative,

the designation of the person, on whose submission is decided, and its representative and

marking things. If possible, the designation of the debtor, whether or not his

date of birth or identification number of the person (hereinafter referred to as

"identification number").



§ 89



(1) unless otherwise provided, decisions of the insolvency court issued

in insolvency proceedings are effective from the moment of their publication in the

Insolvency Register.



(2) judgments given in insolvency proceedings in the course of the hearing or as soon

After the end of the negotiations, are opposed to all participants in insolvency proceedings and

insolvency administrator effective as soon as they are announced to the participants and

insolvency administrators, who were present at the hearing; the decision in

things are the same in this case against all of the participants in the insolvency

proceedings and insolvency administrator effective as soon as the Court

announce publicly.



(3) if the insolvency law court to publish the decisions referred to in

paragraph 2 in the insolvency register, shall do so no later than the end of the

the closest working day following the date of the negotiations, in which the

the decision published. Instead of the full text of the decision can be declared

publish appropriately shortened the text of this decision. Brief version

as a rule, does not contain a justification for the decision. The obligation to publish in the

insolvency register the full text of the declared decision shall be immediately

then, what will be drawn up in writing, is not affected. The effects of the decision

in accordance with paragraph 2 no longer occur, through the publication of his short texts in the

insolvency register; such disclosure does not, however, the effects of delivery

decision.



§ 90



The provisions of the code of civil procedure and the law on the special procedures

about the postponement of the judicial enforceability or postponement of legal power

the decision for the decision issued by the Court in the insolvency

the management shall not apply.



Remedies



§ 91



Against the decision of that Court made in the exercise of Supervisory Board also observed

activities, including interim measures, it is not the appeal admissible if

the law does not provide otherwise.



section 92



The Court of appeal is obliged to discuss and decide the appeal against the

decision of the Court of first instance in insolvency proceedings with

the highest accelerating, and it's first appeal against the decision on the regulation

the preliminary measures against the bankruptcy decision, against the decision of the

How to troubleshoot a decline and against a decision on the approval of the reorganisation

the plan.



§ 93



(1) in the case of an appeal against a decision on interim measures,

against the bankruptcy decision against the decision about how to resolve the decline and

against a decision on the approval of the reorganisation plan, the Court shall submit to the

first instance case the Court of appeal as soon as all the participants shall expire

the time limit for filing an appeal; After expiry of this period the acts leading to the

removal of defects timely appeals, to deliver an appeal to others

participants, to investigate the conditions of the control or other similar investigations shall be

President of the Chamber of appeal.



(2) an appeal against a decision under paragraph 1, the Court of appeal shall consult and

decide about it not later than 2 months after he was presented to the

Court of first instance; the provisions of section 92 shall remain unaffected.



§ 94



(1) to hear the appeal against the decision issued by the Court

in the insolvency proceedings, the presiding judge shall order the Court of appeal hearing.



(2) there is no need to order, if



and he rejects the appeal,)



(b)) shall be terminated or interrupted appeals process,



(c) the appeal is directed against the decision) of the insolvency court, which

According to the law issued without negotiations or regulation which has not been decided

on the merits,



(d)) shall be repealed in accordance with section 219a decision paragraph. 1 of the code of civil procedure,



(e) the appeal concerns only) cost management, deadlines for implementation or

Provisional enforceability.



(3) there is no need to order, if the appeal is lodged

just because of the incorrect legal assessment of the case and the rights of participants

participation in the hearing of the case, where appropriate, with the decision of the matter without

Regulation meetings agrees; This does not apply if the Court of appeal repeats

or the taking of evidence shall be added.



section 95



The decision, issued in insolvency proceedings, against which the appeal is

admissible, can also change based on the Court of first instance, if

the appeal in its entirety to satisfy; This does not apply in the case of an appeal against a

the decision on the interim measure or on the appeal against the

the decision on the merits.



section 96



(1) Renewal of insolvency proceedings is not permitted.



(2) in the proceedings concerning the application for a decision in annulment lodged against

the insolvency court in the insolvency proceedings shall not apply to section 235

paragraph. 2 of the code of civil procedure. The decision, which was based on the

the claim for the cancelled the decision of the Court in annulment issued in

insolvency proceedings, is effective from the date of legal power.



Title IV



Discussion of bankruptcy and the decision on it



Part 1



The opening of the insolvency proceedings



§ 97



(1) the Insolvency proceedings can be instituted only on the proposal; is the date when the

the insolvency court is competent design.



(2) the Insolvency petition must be in paper form provided with officially

certified signature of the person who filed it, or in electronic form

its a recognised electronic signature, or sent through the

the data on the Clipboard; otherwise, to him shall be disregarded.



(3) if the said signed in the manner referred to in paragraph 2

only the representative of the appellant on the basis of the insolvency process full

power, the condition is referred to in paragraph 2 are met only when it is officially

authenticated signature or a recognised electronic signature insolvency
the petitioner provided with the design attached to the above-mentioned procedural full

too much. It shall apply mutatis mutandis in the case of the petitioner for insolvency, which is

legal person, its staff (member), who was entrusted with the

the statutory authority.



(4) that the above-mentioned proposal, shall inform the

the resolution of the insolvency court petitioner, against which the

are not permitted and the remedies which he delivered separately;

the provisions of this Act on the service of the Decree does not apply.



(5) the Insolvency debtor is entitled to submit a proposal or its creditor;

in the case of imminent insolvency, insolvency can only submit a proposal to the debtor.



§ 98



(1) a debtor who is a legal person or a natural person-

an entrepreneur is required to submit an insolvency proposal without undue delay

then, what they learned, or when proper diligence should learn about their

the bankruptcy. This obligation has only been stopped if performance

the decision of selling his business, or execution by a specific legal

code ^ 4), therefore, that the price of assets belonging to the enterprise does not exceed the

the amount of obligations belonging to the enterprise; This does not apply, if the debtor has not yet

another undertaking.



(2) the obligation referred to in paragraph 1, and the legal representatives of the debtor and its

statutory authority and the liquidator of the debtor, which is a legal person in the

liquidation. If these people more and if they are authorized to act on behalf of

a debtor independently, has this obligation to each of them. Insolvency proposal

submitted on behalf of the debtor.



(3) the obligation to lodge the insolvency, in paragraphs 1 and 2 is not

true, if the control of insolvency through no fault of the appellant's proposal

stopped or if its insolvency the proposal is rejected.



§ 99



(1) a person who, contrary to the provisions of section 98 did not lodge the insolvency

the proposal corresponds to the creditors for any damage or injury that causes

violation of this obligation.



(2) Damage or other injury referred to in paragraph 1 is in the difference between the

insolvency proceedings determined by the amount of the claim by the creditor who is logged on to the

satisfaction and the amount that the lender in insolvency proceedings on the

the satisfaction of the claims received.



(3) the person referred to in paragraph 1, the liability for damage or injury

referred to in paragraph 2 shall be exempted from, only where it is established that the breach of the obligation to submit

said not effect on the extent of the amounts intended to meet the

the claim by the creditor in the insolvency proceedings that have logged on, or that the

obligation in relation to facts which arose independently

on her will and that she could not turn away, even when spending all

efforts that can reasonably be required of her.



§ 100



(1) if it is already in the course of insolvency proceedings clear that creditors

damage, or other injury to the breach of the obligation to submit an insolvency

the proposal, the Court may order the interim measures, which required

the person saves, to compensation for this damage, or other injury has passed into

deposit with the Court a reasonable sum of ^ 19). It will do so only on a proposal from the

legitimate lenders. Interim measure does not prevent that

the total amount of damage, or other injury, yet cannot be quantified.



(2) the amount of the sum to be lodged, shall designate the Court, so that the

cover a substantial part of the anticipated damage or other injury. While the regulation

interim measure saves the insolvent Court petitioner, that within the time limit,

He specifies and which may not end before the end of the insolvency

proceedings filed before the competent court an action for damages or other

the injury; the procedure for this application is not incidenčním.



(3) to the extent in which the Court upheld the claim for damages or other

the injury referred to in paragraph 2, the decision considers the decision of the

consent to the custody of the plaintiff with the release of the subject.



§ 101



Notice of the commencement of insolvency proceedings



(1) the Commencement of the insolvency proceedings shall notify the Court by Decree,

which shall be published not later than 2 hours after, when he ran out of insolvency

the proposal. If the insolvency court is the above-mentioned proposal at a time when

to the end of the official hours of the insolvency court leaves less than 2

hours, or days off, the Court shall publish this

Decree no later than 2 hours after the start of the official hours of the nearest

the working day of the insolvency court. The Decree contains



and the designation of the insolvency court), which issued it,



(b) the designation of the insolvency of the petitioner,)



(c) the designation of the debtor)



(d) an indication of the time of) published in the insolvency register



(e) name and surname of the person), which it has issued,



(f) the date of issue).



(2) the Ordinance referred to in paragraph 1 shall be delivered to the participants of the insolvency

the proceedings; the appeal is not admissible against it.



§ 102



(1) on the commencement of the insolvency proceedings shall inform the Court

without delay



and the tax office, in), whose district is the seat of the debtor, if the debtor is

legal person, otherwise the financial authority, in whose district the debtor has its

residence,



(b)), the Customs Office in whose district the debtor has its registered office, if the debtor is

legal person, otherwise the Customs Office in whose district the debtor has its

residence,



(c) the Office of the Czech Republic)-the regional branch or the branch for

capital city Prague (hereinafter referred to as "the Regional Branch Office work"), in which the

the circuit has a debtor who is the employer of the registered office or place of residence, if the

a natural person, the debtor which has no registered office, the



(d) the appropriate district) social security



(e)) the General Court of the debtor,



(f)), the tax administrator, the court bailiff or other authority for which the

According to the data contained in the insolvency of the draft and the schedules to it

the attached proceedings for enforcement of a decision or execution on the assets of the

of the debtor,



(g)), the Czech National Bank, if the debtor is a participant in a payment system with the

finality of settlement of foreign payment system

finality of settlement, the settlement system with the finality of

settlement or foreign settlement system with the finality of

the settlement.



(2) if the insolvency court already in the time of commencement of insolvency proceedings

known by the tax debtor is another financial authority shall inform it of

the opening of insolvency proceedings in lieu of the financial authority referred to in

paragraph 1 (b). and for the Customs Office.) it shall apply mutatis mutandis.



(3) if the insolvency court already in the time of commencement of insolvency proceedings

known that the debtor has assets, on which you can lead the execution of the decision

or seizure of a court other than the General Court of the debtor, it shall notify the

the opening of insolvency proceedings in this Court.



(4) if the information necessary to Come to the Court in accordance with the procedure

paragraphs 1 to 3, after the commencement of insolvency proceedings, but still

prior to the decision of the bankruptcy court, the person concerned shall inform the

the opening of the insolvency proceedings shall immediately after the data came out

show it.



(5) the obligation to inform the persons referred to in paragraphs 1 to 3 shall fulfil the insolvency

the Court by giving them separately, which delivers the Decree announces the launch of

the insolvency proceedings.



Part 2



Insolvency proposal



section 103



(1) a proposal must, in addition to the General Insolvency requirements for filing ^ 20)

include the designation of the applicant and the indication of the insolvency of the debtor,

concerned, where appropriate, the designation of their representatives. A natural person must

be marked with name, surname and domicile (seat), and in the case

about the entrepreneur, also the identification number. A person must be

marked with the trade name or name, registered office and identification number.

If the applicant State must include the designation of the said

the appropriate organizational folder State, that State prior to the insolvency

the Court acts.



(2) in the insolvency of the proposal must also be given a decisive

the fact that the insolvency of the debtor or his proven imminent bankruptcy,

the fact that result in an entitlement to file a proposal, if it is not

the insolvency debtor is the plaintiff, identified the evidence, which is

insolvency claimant, and it must be perceptible, what it

the claimant seeks the insolvency.



(3) it is necessary to submit a proposal to the insolvency with the requisite number of copies

so that one copy remained in court and to everyone who

is delivered, one got a copy. The applicant is obliged to insolvency

to the above-mentioned proposal to connect the required annexes and documentary evidence,

relied on; the annex and the instruments, however, are not part of the

insolvency.



(4) a copy of the insolvency creditor is delivered only to the debtor,

and it's in your own hands. The insolvency of the debtor's proposal is not possible.



section 104



(1) where the insolvency debtor is required to connect to it



and a list of his assets including) their claims with details of their

the borrowers (hereinafter referred to as "the list"),



(b) a list of its liabilities) stating its creditors (hereinafter "list

the commitments "),



(c) a list of its staff)



(d)) of the Charter, which attest to the decline or the impending decline.



(2) in the list of assets of the debtor is obliged to mark individually their

assets, including receivables. Stating briefly the claims of fact on

which they are based and shall indicate their amount; specifically, in addition to
their recoverability. For assets, including receivables, which is in progress

judicial or other proceedings or in respect of which the competent authority has already been

decided, the management of the debtor (the decision).



(3) in the list of commitments, the debtor is obliged, as your lender's mark

all persons, of which he is known to have claims against him or

other property rights, or that the claims against him or other

property rights apply. If the creditors of the debtor the person to the debtor

or in person, forming with the borrower Group ^ 21), the debtor must

This fact explicitly. The debtor shall be marked in the list of obligations of

the amount and maturity of the individual commitments and briefly indicate which of the

the claims of his creditors, denies the reason or what and why.

If the debtor to the creditor, by which he is known, that against him have the right to

to the satisfaction of the collateral, or who apply this right against him,

list them separately. Claims of these creditors on marks things

the rights, claims or other assets, which is applied

the satisfaction of including data about which are movables

found in the possession of the creditor or of a third person, indicate the type of

collateral and the reason for its creation. Furthermore, the debtor shall state whether, and in what

the scope of the right to the satisfaction of denying and why.



(4) if the debtor does not have any employees or any of the borrowers, it shall indicate in a

explicitly lists. For the designation of the persons in the list apply to section 103, paragraph. 1

Similarly. The debtor must sign the lists submitted and explicitly in them

indicate that they are correct and complete.



§ 105



If the insolvency creditor proposal, is obliged to demonstrate that it has against the

the debtor due to the design of the claim, and attach the application form;

in the case of a claim, which is in insolvency proceedings otherwise

is not logging on, it shall be considered after the bankruptcy decision as applied under section

203.



Section 106



(1) a borrower who intends to deal with their insolvency or bankruptcy looming

phase, the proposal must join with the insolvency and the proposal to allow

debt relief. With insolvency is also possible to combine the design proposal for the

permit reorganization. In these cases, the insolvency proposal

contain the particulars prescribed for these proposals, and it must be

accompanied by other required attachments to them.



(2) even if they are not linked with the draft insolvency proposals referred to in paragraph

1, it can be stated, as it should be according to the insolvency of the petitioner

addressed the decline of the debtor.



§ 107



(1) Further said the assets of the same debtor before

the insolvency court makes decision on bankruptcy, shall be considered for accession to

the proceedings. From the time when such a proposal is the insolvency court

which proceedings are pending on the original design, the insolvency is the person who

It has filed, considered the next of the insolvency of the petitioner.



(2) insolvency of the petitioner For further proceedings at the time status applies

his accession to the proceedings.



(3) if the other insolvency proposal filed at the time the Court

has already decided on the original design, other than the insolvency decision

the decline, however, this decision has so far never delivered to the participants of the insolvency

proceedings, the Court issued the decision delivers even further

the above-mentioned applicant. He further said

the insolvency court until after the delivery of the decision on the original insolvency

the proposal, but before that decision acquired the authority, may

more insolvency against such a decision the appellant lodged an appeal

in the period calculated from the delivery of the last of those participants who

they are entitled to lodge an appeal against the decision; This does not apply, if the

the decision about the original proposal was further insolvency insolvency

the claimant has previously delivered.



(4) to further the above-mentioned proposal submitted after the insolvency court

issued the decision about bankruptcy, shall be disregarded. It is a part of the next

insolvency and a proposal on how to resolve the debtor's bankruptcy

It was filed before the Court about how to solve the debtor's

bankruptcy decided to remain on the way to deal with the effects of the proposal, the debtor's

bankruptcy preserved.



(5) a copy of other insolvency application by another person than

the debtor is served only by the claimant and the insolvency regulation

the debtor, and it into their own hands.



section 108



The advance on costs of the insolvency proceedings



(1) the Court may, before the decision on the proposal to impose an insolvency

the above-mentioned applicant, within the time limit to pay the advance on

the costs of the insolvency proceedings, if it is necessary to cover the costs of the proceedings and

the means to ensure that cannot be otherwise; This is true even if, if it is clear,

that the debtor has no property. This backup could not be saved insolvency

the claimant-employees of the debtor, whose claim rests only in the

labour claims. The obligation to pay a deposit does not save

the insolvency court of insolvency of a debtor, whose design may decide

without undue delay so that it issues a decision on bankruptcy, with whom Associates

the decision to allow debt relief.



(2) the amount of the advance may be up to the Court to determine the amount of 50 000 Czk.

If the insolvency more plaintiffs are required to pay a deposit

jointly and severally liable.



(3) If an advance on the costs of the insolvency proceedings within the prescribed period

paid, the insolvency court before deciding on insolvency of the proposal

insolvency proceedings, and if they do so, it may go to her

the recovery; about the insolvency of the petitioner must learn.



(4) unless the debtor, the person who has paid the advance on costs

insolvency proceedings, enforce its pay in insolvency proceedings as

the claim for the material.



Part 3



Effects associated with the commencement of the insolvency proceedings



section 109



(1) The commencement of the insolvency proceedings are linking these effects:



and claims and other rights) relating to the estate cannot be

apply an action, you can apply to the application,



(b)) the right to the satisfaction of the collateral, which relates to the assets in the

property of the debtor or property belonging to the estate,

can be applied and the newly acquired only under the conditions laid down in this law, it

the same applies to the setting up of a judicial lien on real estate or

the bailiff of a lien on real estate, which was designed after the

the opening of the insolvency proceedings,



(c) the enforcement of a decision or execution), which affect the assets in

property of the debtor, as well as other property belonging to the estate

the essence, you can order or start, however, it cannot be done. For

the claim for pecuniary nature (art. 168), and claims them to be assimilated

(section 169), but you can perform or lead to enforcement of a decision or

the seizure, which affect the assets belonging to the estate

the borrower, on the basis of a decision issued by the Court under section

203 paragraph. 5 and with the limitations of this decision are based. If there is no further

unless otherwise provided, the enforcement of a decision or execution to continue ordering

or initiates and performs against the debtor,



(d)) does not apply and the debtor the creditor agreement-based right to the payment

deductions from wages or other income, which in the exercise of decision

treated as wages or salary.



(2) an Act, which carries out the enforcement of a decision or execution, it is not the Act

made to ensure that the debtor's assets for the purposes of his disability in a

the performance of a decision or execution. The opening of the insolvency proceedings

connect the additional effects provided by law.



(3) the time limits for the exercise of the rights referred to in paragraph 1 may be applied only

the application, after the commencement of the insolvency proceedings do not start or further

is not running.



(4) the effects of the opening of insolvency proceedings occurs at the moment of publication of the

the Decree, which shall be notified to the opening of insolvency proceedings, in

Insolvency Register.



(5) unless otherwise provided in the law for one of the ways to resolve the bankruptcy of otherwise,

lasting effects associated with the commencement of the insolvency proceedings to the end of the

insolvency proceedings, and in the case of reorganization, to the approval of the

reorganization plan.



(6) the decisions and measures taken in the implementation of enforcement

or execution in violation of the restrictions referred to in paragraph 1 (b). (c))

insolvency proceedings be taken into account. If it is necessary to fulfill the purpose

insolvency proceedings, the insolvency court may, at any time and without the design

to suspend or postpone the enforcement of the legal power of decision or

measures taken in the implementation of the enforcement of a decision or execution in

contrary to the restrictions referred to in paragraph 1 (b). (c)); It may also prohibit the adoption of

decisions or measures planned in implementation of the enforcement

or execution in violation of the restrictions referred to in paragraph 1 (b). (c)).

the decision of the Court in accordance with the second sentence may be appealed

the participants in the proceedings for enforcement of a decision or execution proceedings; These

persons, as well as the authority or the person of the decision or measure to

the implementation of the enforcement of a decision or execution adopted or prepared,

the decision of the Court in accordance with the second sentence served separately.



section 110
(1) the debtor's Creditors are entitled to from the opening of the insolvency proceedings

in its application, claims even in the case that the

the insolvency court even has published a call for submission of applications.



(2) the Court shall invite the creditors, who want their claims

apply in insolvency proceedings, to submit the application to the claims. This

the challenge can be combined with the announcement of the opening of insolvency proceedings; If

the challenge taken up separately in the course of insolvency proceedings, announces the

in the same way that announces the launch of the insolvency proceedings.



(3) claims on the basis of the invitation referred to in paragraph 2 may

creditors to submit until the bankruptcy decision. A shorter period is not

the insolvency court is authorized to provide. The essentials of this call provides

the implementing legislation.



The handling of material nature



section 111



(1) unless the Court otherwise, the debtor is obliged to refrain from

from the moment occurred with the launch of the insolvency effects associated

management, management of material nature, and with a property that it can

belong, if you should go for the substantial changes in the composition, the use or

the determination of the asset or its not insignificant reduction.

Payment obligations incurred prior to the commencement of the insolvency proceedings, the debtor is

authorised to carry out only to the extent and under the conditions laid down in this law.



(2) the Limits referred to in paragraph 1 shall not concern the operations required to meet

the obligations established by law 22) ^ ^ to operate

business in the ordinary course of management, to avert imminent damages, to

the performance of the statutory maintenance obligations and to comply with the procedural penalties.

Furthermore, the restrictions referred to in paragraph 1 shall not apply to the satisfaction of the claims

the essence of the estate (section 168) and claims they assimilated to that

(section 169); These claims satisfy in terms of maturity, if it is

According to the State of the estate can be.



(3) the legal acts which the debtor has made in contravention of the restrictions

laid down as a result of the effects associated with the commencement of the insolvency

proceedings are ineffective as against creditors, unless the debtor or his

the lender in advance requested the consent of the insolvency court.



section 112



(1) the Court shall designate an interim measure provisional administrator

even without a draft, if ordered interim measures, which reduce the

the debtor in the handling of material nature in larger extent than is

referred to in section 111.



(2) the Court may appoint a provisional administrator, even if the

If declared a moratorium or if justified by the scope of the property

the substance, which is suitable to detect and provisionally ensure, or if they are

here another, equally compelling reasons.



(3) the duty of the Interim Manager is made to determine

the debtor's assets and to ensure, as well as to the examination of the debtor's

the accounts or records kept under special legislation ^ 13).



(4) if the insolvency court before deciding to cancel the preliminary bankruptcy

the measure, which was appointed Interim Manager, saves him at the same time,

that in due time he handed the above-mentioned report on its activities,

in particular, on the status of assets administered, and to vyúčtoval costs,

incurred. The same happens if on appeal

changes the interim measures, the Court of appeal unless it is about the changes that

do not apply to persons preliminary administrator and its activities.



§ 113



(1) if it is necessary to prevent at the time of the release of the decision of the bankruptcy changes in

the extent of the estate to the detriment of creditors, the Court may

even without the draft order the interim measures, which the debtor to

either things or rights belonging to his estate

the nature of, or decide that the debtor may dispose of assets

nature or its parts only with the consent of the provisional administrator. Can

It also requires that persons who have obligations to the debtor, in future

the implementation did not provide the debtor, but the Interim Manager. At the same time

appoint a provisional administrator, if not earlier.



(2) the decision referred to in paragraph 1 shall transmit to the Court in their own

the hands of the debtor and the provisional administrators. Other decisions on the proposal on

the provisional measures shall be forwarded separately to the debtor and the person that such

the proposal was lodged.



(3) if the debtor of the limitations imposed by a section of his property

the substance, which is registered in the land register, the register of pledges

or in other public or non-public lists, which, according to

special legislation shall certify the ownership or other material

rights to that property, the Court shall forward a copy of the preliminary

the measures also cadastral institutions of the relevant land registry offices

(hereinafter referred to as "initialized"), the Notarial Chamber of the Czech Republic and the

the authority or person who leads another public or private list. If

the debtor by the operator or a participant in a payment system with the

finality of settlement of foreign payment system

finality of settlement, the settlement system with the finality of

settlement or foreign settlement system with the finality of

the settlement, inform the Court on the issue of interim measures

at the same time with its publication in the insolvency register, the Czech national

the pot.



(4) Against preliminary measures ordered pursuant to this provision,

may appeal only to the debtor. If the resolution, which the Court

the proposal for the regulation of such interim measures is dismissed, the person

entitled to appeal, the person who filed a proposal.



(5) a preliminary measure ceases to exist



and, after the end of the period) you should take,



(b) the issuance of a decision under section) 142, unless the Court, in such

the decision that interim measures shall lapse to the legal power of decision,



(c) the effective moratorium unless) the Court has determined in the decision

otherwise, the moratorium



(d)) the release of the decision establishing the provisional measures be lifted as soon as the

as the reasons for which it was ordered.



(6) the decision referred to in paragraph 5 (a). (d) the Court may issue) and

without a proposal. For its delivery of paragraphs 2 and 3 shall apply mutatis mutandis; appeal

against him can only person that a proposal for a regulation of the preliminary

the measure, if it is not the same as the person who proposed the abolition of the

the preliminary measures.



section 114



If a person who has an obligation to the obligor, fulfils this undertaking after

the initiation of insolvency proceedings the debtor, though according to

the measure has the performance to provide interim managers, and the implementation of the

get into the estate, is exempted from its obligations,

unless he proves that the interim measures could not know.



Part 4



The moratorium



section 115



A debtor who is an entrepreneur, may, within 7 days from the filing of insolvency

design, and in the case of insolvency creditor proposal, within 15 days from the

delivery of the insolvency court, suggest the insolvency court publication

the moratorium; This right does not have a legal entity in liquidation.



Proposal for a moratorium



section 116



(1) a proposal for a moratorium must in addition to the General requirements for filing ^ 18)

contain all the facts which justify its publication.



(2) to the proposal referred to in paragraph 1, the debtor is in addition to the lists and documents, which

is required to connect to the above-mentioned proposal, required to connect to the last

the financial statements and the written statement of the majority of its creditors, the calculated

According to the amount of their claims that with the announcement of the moratorium agrees;

the creditors ' signatures on this statement must be officially verified.



section 117



Decision on the proposal for a moratorium



On the proposal for a moratorium on the decide to court before the end of the work

the day following the date closest to when he ran out of such a proposal; § 43

Code of civil procedure shall not apply.



§ 118



Moratorium



(1) the Court shall declare a moratorium, are met

the assumptions listed in section 115 and 116, and has not yet decided if the

insolvency of the proposal; otherwise, the proposal for a moratorium.



(2) against the decision, which the Court will announce a moratorium, not

the appeal is admissible. Against the decision on the moratorium proposal

refuses, he may appeal only to the debtor.



(3) if the debtor Is the operator of or a participant in a payment system with the

finality of settlement of foreign payment system

finality of settlement, the settlement system with the finality of

settlement or foreign settlement system with the finality of

the settlement, inform the Court about the moratorium at the same time

the publication of the resolution in the insolvency register of the Czech National Bank.



section 119



The effectiveness of the moratorium



(1) the Moratorium is effective from the moment of publication of the decision on its

publication in the insolvency register and takes after the period referred to in the draft on

the moratorium, however, not more than 3 months.



(2) the Court may, at the debtor's proposal to extend the moratorium

a maximum of 30 days, if the debtor of such design attached to the date

the submission of a proposal for an updated list of commitment and a written declaration of the majority
his creditors, calculated according to the amount of their claims that with the extension of the

the moratorium agrees; the creditors ' signatures on this statement must be

officially verified.



The effects of the moratorium



§ 120



(1) for the duration of the moratorium cannot issue the bankruptcy decision.



(2) unless otherwise provided, for the duration of the moratorium remain

maintained the effects of the United with the launch of the insolvency proceedings.



§ 121



(1) the duration of the moratorium an authorized person can access the management

and creditors to enforce their rights the application claims. The effects of these

the operations, however, occur to the demise of the moratorium, if not specified

otherwise.



(2) A creditor of the debtor, for the duration of the moratorium shall be deemed

log on creditors and persons referred to in the list of commitments.



§ 122



The essence of the management of assets for the duration of the moratorium



(1) the obligations associated with the maintenance of the operation immediately undertaking

incurred in the last 30 days before the announcement of the moratorium or after it is

for the duration of the moratorium the debtor shall be entitled to pay them a priority before the previously

overdue obligations.



(2) contracts for the supply of energy and raw materials, as well as other Treaty on the

the supply of goods and services, which, at the date of publication of the moratorium lasted

at least for a period of 3 months, can the other party for the duration of the contract

moratorium to denounce or withdraw from them for the delay of the debtor with the

payment payment for goods or services, which occurred before the announcement

the moratorium, or deterioration of the property of the debtor, shall be borne by the

the borrower on the basis of these contracts at least obligations duly and on time according to the

of paragraph 1.



(3) set-offs of the borrower and the lender is not for

the duration of the moratorium is admissible, unless the Court determines otherwise,

the preliminary measures. This is true even if the legal conditions

This offset have been met before the announcement of the moratorium.



section 123



(1) If a debtor, shall designate a court in the decision

the interim administrator of the moratorium. For the duration of the moratorium shall designate

Court administrator also on the proposal of the prior lender or

creditors of the debtor, who signed the Declaration in accordance with § 116, paragraph. 2 and

whose claims, calculated in accordance with the above, at least one-tenth of

the claims of creditors, the debtor has stated in the list of commitments.



(2) unless the petitioner, the insolvency court may

applicant or complainant pursuant to paragraph 1 to the

the prescribed period paid an advance on the costs of the preliminary administrator; section 108

shall apply mutatis mutandis.



section 124



The demise of the moratorium



(1) the Moratorium to lapse on the expiry of the period for which it was published; before

the expiry of this period the moratorium expires by decision of the Court of

its cancellation.



(2) the Court shall cancel the moratorium



and on a proposal from a majority of the creditors), calculated according to the amount of their claims,

referred to in the list of commitments,



(b)) and, if the debtor has stated in the proposal for a moratorium

false information, or if for the duration of the moratorium the debtor indicated that

the announcement of the moratorium followed the dishonest intent, in particular priority

meet some of its creditors.



(3) the decision referred to in paragraph 2 (a). (b) the Court shall issue after the)

hearing of the debtor, the Interim Manager, was appointed to, and usually

also, after expressing at least 3 creditors with claims of who

they signed a declaration in accordance with § 116, paragraph. 2.



(4) on the proposal for abolition of the moratorium the Court shall decide without delay.



(5) before the expiry of the moratorium period expires,

Court rejects or refuses the proposal or the proceedings for insolvency

It stops.



section 125



The debtor referred to in section 115 of the insolvency court may submit a proposal to

the moratorium even before the commencement of the insolvency proceedings. If there is no further

unless otherwise provided, applies to the procedure on this proposal, mutatis mutandis, to section 115 to 124.



§ 126



(1) If on the proposal for a moratorium before the opening of insolvency

proceedings, disclose to the Court decision about publication

moratorium information during the proceedings; the right of access to the file with the

the exception of the Protocol on the vote, and to make extracts from and copies of,

This time, only the borrower.



(2) before the commencement of insolvency proceedings occurs by announcing a moratorium

effects associated with the initiation of insolvency proceedings; the provisions of § 122 by

shall not be affected.



(3) for the notification about the moratorium before the opening of insolvency

the proceedings shall apply for the duration of the moratorium provisions of § 102 mutatis mutandis.



(4) a Moratorium announced before the opening of insolvency proceedings shall cease and

the fact that the debtor shall submit a bankruptcy proposal.



§ 127



(1) the debtor, at the time of the duration of the moratorium violates its obligations

laid down by this law, corresponds to the creditors for any damage or injury

This will cause them. This responsibility of the debtor, exempt only when

It proves that the damage or other injury could prevent even when expending

all of the efforts that it can reasonably be required to

attention to during the moratorium.



(2) for damage or other injury resulting from a referred to in paragraph 1 shall be held jointly and

severally liable members of the statutory body of the debtor.



Part 5



Consideration of the insolvency and the decision on it



§ 128



(1) the Bankruptcy proposal, which does not contain all the elements, or that

It is incomprehensible or vague, the Court refuses, if

for these shortcomings cannot continue in the proceedings; It will do so without delay,

not later than 7 days after the insolvency application. The provisions of §

43 code of civil procedure shall not apply.



(2) if they are not attached to the draft insolvency law required

the annex, or unless these annexes set out the particulars, shall determine

insolvency of the applicant the court deadline to complete insolvency.

This period may not be longer than 7 days; This does not apply in the case of insolvency

the proposal under section 98, paragraph. 1. If the proposal set out in the insolvency

period of completion, the insolvency court rejects it.



(3) the Court may decide to give him the lists referred to in section 104

paragraph. 1 has submitted and the borrower, who is not obliged by the applicant;

If the insolvency debtor enforceable claim against the claimant,

saves the insolvent Court of this obligation the debtor always. List of assets

in this case, shall be published in the insolvency register until after the decision of the

the bankruptcy.



(4) the decision referred to in paragraph 1 shall transmit to the Court separately

the claimant and the debtor insolvency; the person entitled to submit

the appeal of the claimant is insolvent. The decision referred to in paragraph 3 shall deliver to the

the insolvency court especially the debtor; There is no appeal against this decision

permissible.



section 128a



The rejection of the proposal for the apparent absence of insolvency



(1) the Insolvency claim by the creditor, the Court also rejects the insolvency

then, if it is manifestly unreasonable; It will do so without delay, at the latest by 7

days after the insolvency application.



(2) Insolvency proposal is clearly unreasonable, in particular if the



and the applicant shows permissions) insolvency it may submit a claim to

for the purposes of the bankruptcy decision not taken into account,



(b) of the proposal) insolvency brought on again and Congress-venční projector

in its submission, that they can demonstrate has fulfilled the obligations imposed on him or

the previous decision on the insolvency of the proposal, or



(c) the submission of the applicant) of its insolvency clearly follows the exploits of their

rights at the expense of the debtor.



(3) in a decision which rejects the insolvency proposal for obvious

absence, the Court may impose the above-mentioned applicant,

to pay for his lodging fined specified in above 50 000 Czk

with regard to all the circumstances of the case.



§ 129



(1) an applicant may take the insolvency insolvency proposal back to the

the release of the decision of the bankruptcy or the legal power of another decision on

insolvency of the draft.



(2) a creditor who took back the proposal, it may be said that for the same

the claim again to lodge up to 6 months from the date of its withdrawal. The same thing

applies to the person that the claim of the creditor acquired.



section 130



(1) if the insolvency proposal taken back, the insolvency court proceedings.

If the insolvency proposal taken back then, what court

decided otherwise than by the issue of the bankruptcy decision, but a decision is not

not yet in force, the Court will decide whether or not the cancellation

decision.



(2) if the claimants of insolvency and insolvency will take more design

only one of them, the Court stops the proceedings only in respect of

the complainants, who took the proposal back.



(3) if the insolvency proposal taken back up after the release of the bankruptcy decision

or other decision of the insolvency of the proposal has already been determined

power, the Court decides that the withdrawal of insolvency is not

effective.



(4) the decisions referred to in paragraphs 1 to 3 shall deliver to the Court separately

the claimant and the debtor insolvency; the person entitled to submit

the appeal is the only insolvency projector.



(5) if the insolvency proposal taken back because the debtor after the commencement of

insolvency proceedings, the insolvency of the petitioner to pay a claim has

When deciding on the reimbursement of costs of insolvency proceedings in the
doubt it, that the debtor caused cessation of insolvency proceedings.



§ 131



The facts on the basis of the insolvency court rules, must be in

under consideration of the insolvency petition certified.



§ 132



(1) in the case of insolvency of the debtor's proposal will be sufficient, if applicable

the fact certified by the particulars of the insolvency of the draft and its annexes.



(2) if the debtor Has more than one statutory bodies authorized to act in its

on behalf of the self, or if more persons, which have the status of

the statutory body, authorized to act on behalf of the self, and

If its any of these said persons signed,

the insolvency court will issue a decision on the decline until such person

to the above-mentioned proposal expressed or it has expired.

Similarly, if a borrower has more legal representatives authorized

to act on his behalf separately.



(3) in accordance with paragraph 1 do not come out in the course of

insolvency proceedings clear the fact that they are statements

the debtor contained in the insolvency of the proposal or information

contained in the schedules annexed to the above-mentioned proposal.

The same applies, if the Court finds that the other persons entitled

Act on behalf of the debtor, the insolvency did not sign the proposal, with the

insolvency does not agree.



section 133



(1) if the proposal is rejected or not insolvency proceedings about him

stopped, you can design a person other than the insolvency of the debtor to decide

without a hearing only if the



and the Court fully meets) proposal, which no objection was raised, or



(b)) can decide on the basis of the participants presented

the documentary evidence, and the participants have right to participate in the consideration of the case

give up, or with the decision of the matter without hearing agrees.



(2) the Court shall order always hearing about the insolvency of other design

the person before the debtor, if the decision depends on the findings of the dispute

the facts about whether the debtor is in bankruptcy. If evidence to the

the findings of the debtor's bankruptcy or his impending decline beyond the

evidence of the proposals of the participants, shall order the hearing even in the event of the insolvency

the debtor's proposal.



(3) the debtor must always be given the opportunity to design the above-mentioned

before the decision to decline comment.



§ 134



The insolvency court is obliged to do this within 10 days from the filing of insolvency

draft acts leading to the decision of the case. Of the insolvency of the draft

Decides, without undue delay, in the case referred to in § 132 paragraph. 1

not later than 15 days from its submission; If the moratorium

This period shall not end before the expiration of 10 days from the end of the moratorium.



§ 135



When discussing the insolvency application by another person than

the debtor shall have the other participants in the insolvency proceedings, the debtor than the same

the rights and obligations of the applicant as the insolvency; However, the Act only

for themselves. If their acts are acts of insolvency

the petitioner, is a court after consideration of all the circumstances.



The bankruptcy decision



§ 136



(1) the Court shall issue a decision on the bankruptcy, if the certificate or

evidence found that the debtor is insolvent or bankrupt.



(2) the bankruptcy decision must contain the



and statements) that is determined by the decline of the debtor or his imminent

the decline,



(b)), by which the Court establishes the insolvency administrator



(c)) an indication of the effects occur when the bankruptcy decision,



(d)) call to creditors who have not signed up to its claims,

made within a period of 2 months, with lessons about the consequences of its default judgment,



(e)) call to creditors of insolvency administrators immediately told what

retaining the rights apply to debtors ' cases, rights, claims,

or other property values, with lessons that otherwise may be

for any damage or injury suffered by the estate will not be

be drawn up in good time the debtor's assets for collateral, or by not

in time detected lock law; This shall not apply if this lock

the law of apparent from the public list,



(f)), which specifies the place and date of the creditors ' meeting and

the review meeting,



(g)), which saves the debtor, which have not yet done so, to

deadline and handed his insolvency administrators lists

assets and liabilities, with an indication of their borrowers and lenders.



(3) If a decision on the bankruptcy of the associated authorisation decision

debt relief, the time limit for the lodgement of 30 days.



(4) the decision of the bankruptcy court also decides on the application

the debtor about the extension of the deadline to submit a reorganization plan (section 316

paragraph. 5 and 6). In the bankruptcy decision, with which it is linked the decision to

authorisation of debt relief, saves the insolvent Court on the debtor to pay

the advance on the remuneration and expenses of the insolvency administrator finished.



(5) the Insolvency administrator appointed in the bankruptcy decision builds on the

the activities of the Interim Manager, was previously appointed. If this is not the same

the person is obliged to submit a preliminary insolvency administrator full administrator

information about its activities and pass him the results, as well as

the documents, made available, and to provide the necessary synergies.



§ 137



(1) the Court shall convene a Meeting of creditors to be held

not later than 3 months after the bankruptcy decision.



(2) the term of the review meeting shall designate the Court, to be held

not later than 2 months after the expiry of the time limit for the lodgement of claims, no

However, earlier than 7 days from the expiry of that period; for reasons of

Special considerations may extend this period Court. If it is with

by the decision of the bankruptcy decision on authorisation linked to debt relief, shall determine

court date for the first review meeting, to be held

not later than 30 days after the expiry of the time limit for the lodgement of claims.



(3) if the first creditors ' meeting convened after the bankruptcy decision has

held before the review hearing, shall convene a court decision

the decline of the next meeting of the creditors on the day when the review of the negotiations to be held,

and so, that took place after the end of the review meeting.



§ 138



(1) the decision of the bankruptcy court shall deliver to the debtor, particularly

insolvency administrators, the preliminary insolvency administrator, the claimant

and those who have acceded to the proceedings; the debtor and the insolvency administrators

This decision served into their own hands.



(2) if it considers it appropriate, the Court may deliver a decision

of bankruptcy or its abbreviated the text separately and creditors of the debtor, who

signed up their claims before its release.



section 139



Notice of issue of the decision of the bankruptcy



(1) for the issue of a decision on the bankruptcy court shall inform the



and) authority of commercial or other register in which the debtor is

written,



(b)), the tax office, in whose district the debtor has its registered office, if the legal

person, otherwise the financial authority, in whose district the debtor has his domicile; place

It shall inform the other tax office, for which he is known, that is the administrator of

the tax debtor,



(c) the Regional Branch Office work), in which the circumference of the debtor, which is

by the employer, a registered office or residence, if the debtor is a natural person,

which has its registered office,



(d) the appropriate district) social security



(e)) the General Court of the debtor,



(f)), the tax administrator, the court bailiff or other authority for which the

According to the results of the insolvency proceedings pending

claims relating to the estate or to be

satisfied from the estate, including the procedure for enforcement of a decision or

execution on the assets of the debtor,



(g)), the Czech National Bank, if the debtor is a participant in a payment system with the

finality of settlement of foreign payment system

finality of settlement, the settlement system with the finality of

settlement or foreign settlement system with the finality of

the settlement,



h) authority or the person who leads a public or non-public list

under special legislation certifies the ownership of the debtor to the

the essence of the existence of the assets or rights belonging to the debtor

the estate, in particular, the land registry departments, which in the land

real estate register property, which is known to the insolvency court

It belongs to the debtor; The notarial Chamber of the Czech Republic, which in the index

Lien records an asset, which is known to the insolvency court belongs

the debtor; Securities Centre, which records the dematerialised securities

securities of the debtor.



(2) the obligation to inform the persons referred to in paragraph 1 meets the insolvency court

the fact that they specifically delivers the bankruptcy decision.



The effects of the bankruptcy decision



§ 140



Precautionary measures and set-off



(1) even after the bankruptcy decision lasting effects associated with the preliminary

the measures mandated by the insolvency court; However, the Court may

no design change their decision on interim measures. To the extent that

where the debtor is not entitled to dispose of the material essence, passes

This right of decision on the bankruptcy of the insolvency administrator.
(2) set-offs of the debtor and the creditor is

the bankruptcy decision is admissible, if the statutory conditions of this

a set-off have been met before making a decision about how to resolve the decline,

unless otherwise specified.



(3) the set-off referred to in paragraph 2 is not admissible if the debtor's

the lender



and regarding your chargeable) Receivables become logged-in

the lender, or



(b)) won the započitatelnou claim ineffective legal act, or



(c)) at the time of acquisition eligible claims he knew about the debtor's insolvency,

or



(d) did not pay the claim) due a debtor to the extent in which the

exceeds the započitatelnou claim of the creditor.



(4) the set-off referred to in paragraph 2 is also permissible in cases

laid down on this Act or preliminary measure insolvency

of the Court.



section 140a



Interruption of proceedings



(1) the effects of the decision of the bankruptcy occurs at the moment of its publication in the

Insolvency Register. The decision to decline to interrupt the judicial and

arbitration of claims and other rights relating to property

nature, which are to be applied in the insolvency proceedings, the application,

or in insolvency proceedings is regarded as a logged-in,

or about the claims, which is in insolvency proceedings do not satisfy (section

170.) unless otherwise specified in these proceedings cannot continue

After the time that the last effects of the bankruptcy decision.



(2) where proceedings referred to in paragraph 1, broken, events, meetings and

running time limits. If the control continues, the time limits shall

run it again.



(3) the stay of proceedings acts on parties who in the management

on the same side as borrower, only with respect to the inseparable

the community 37 ^ ^) or the intervention ^ 38).



(4) when a court or other competent authority for consideration and decision of the

things to know about the interruption of the proceedings referred to in paragraph 1, it shall inform the

the participants in the proceedings; at the same time instruct that the proceedings could not continue after the

period of time, after which the last effects of the bankruptcy decision. The decision has already been

issued at the time when the proceedings are suspended, nedoručují, unless they relate to

and other receivables; If it has been stopped after the delivery of the decision,

But even before the decision has acquired the authority, shall

the decision, to the extent in which the proceedings were interrupted, the legal power.

If the control continues, the decision delivers again.



§ 140b



A ban on the release of the decision of the



Unless the proceedings referred to in section 140a, cannot be in other judicial or

arbitration proceedings after the time that the last effects of the decision on the

the decline, to decide on claims and other rights relating to the

the estate, which are to be applied in insolvency proceedings

the application, or which is in insolvency proceedings is regarded as a

logged on, or about the claims, which is in insolvency proceedings

insufficient (art. 170); This does not apply with respect to the claims of creditors of the

damages or non-material damage caused by the criminal offence or the

the issue of unjust enrichment obtained a criminal offence, if in

enforcement of this offence was secured assets in the equity

the essence of the debtor. The decision issued in contravention of this prohibition in

insolvency proceedings be taken into account.



§ 140 ° c



The newly opened proceedings



At the time, after which the last effects of the bankruptcy decision, cannot start

Court and arbitration of claims and other rights relating to the

the estate, which are to be applied in insolvency proceedings

the application, or which is in insolvency proceedings is regarded as a

logged on, it's not about incidenční disputes, proceedings or claims,

in the insolvency proceedings do not satisfy (section 170).



section is



Other proceedings



(1) other than court proceedings and arbitration, the decision of the bankruptcy

do not interrupt and can be newly launched in time, after which the last effects

the bankruptcy decision; in these proceedings, however, after the time that the last

the effects of the bankruptcy decision, cannot decide on compensation or other

the injury. The decision issued in contravention of this prohibition in insolvency

the proceedings shall be disregarded. Unless otherwise provided by law, is a participant in these

other management continue to be the debtor.



(2) the Decision of the bankruptcy of other proceedings referred to in paragraph 1

in particular, do not interrupt



and tax proceedings)



(b)) in cases concerning rights in immovable property,



(c) the proceedings due to salary) claims by employees of the debtor

special legal regulation ^ 39),



(d) the management of premiums on) social security and a contribution to the State

employment policy ^ 40).



§ 140e



Enforcement and execution



(1) at the time that the last effects of the bankruptcy decision, cannot be required

or start the enforcement of a decision or execution, which affect

assets in the possession of the debtor, as well as other property that belongs to the

the estate; It does not apply to the regulation or the start of the performance

the decision or execution on the basis of the decision of the Court

issued in accordance with § 203 paragraph. 5.



(2) for the enforcement of a decision or execution ordered or launched in the

contrary to the restrictions referred to in paragraph 1 shall apply to § 109 paragraph. 6 similarly.



§ 141



The appeal against the decision of the bankruptcy



(1) Against the bankruptcy decision issued on the basis of the insolvency

the debtor is not appealable. Against the bankruptcy decision issued on

the basis of the insolvency creditors may appeal only to the debtor;

citing, but you can reply only that a decision on the bankruptcy should not be

given, therefore, that the decline is not certified, or because it prevents

the obstacle provided for in this Act. To facts that occurred, or

After the release of the decision of the Court of first instance, the appeal

the proceedings shall be disregarded.



(2) If a certified bankruptcy of the debtor, is not a reason to allow the appeal

the Court annulled or changed the bankruptcy decision, the fact that the insolvency

the appellant does not justify that he has a claim against the debtor due, nor

the fact that insolvency during the appeal proceedings the appellant

lost the capacity to be party to the proceedings.



section 141a



The legal power of the bankruptcy decision



After the decision of the bankruptcy court to stop or else to

the competent authority procedure for claims or other rights,

launched in contravention of restrictions under section 109, paragraph. 1 (a). ) and under section

140 ° c.



Other decisions concerning the insolvency of the draft



section 142



Other decisions on insolvency are



and insolvency for the) refusal or for obvious defects

absence,



(b) the termination of the proceeding) for lack of management conditions, which cannot be

delete or that failed to delete, or for withdrawal

insolvency,



(c) rejection of insolvency).



§ 143



(1) the Court rejects the proposal, the insolvent are not fulfilled

the Act set out the conditions for the release of the bankruptcy decision.



(2) the Insolvency claim by the creditor, the Court shall reject the

If it was not attested that the appellant insolvent and at least one

the next person has a claim against the debtor due. For the other person to

is not considered a person, to whom some of the claims have been transferred

the insolvency of the claimant against the debtor or its part in time 6

months preceding the insolvency petition or after the opening of insolvency

the proceedings.



(3) if the debtor is in bankruptcy for overindebtedness, rejects the insolvency court

the insolvency claim even if the creditor, if the debtor shall certify

acting in good faith, that his inability to be the result of

the infringement of a third party, and that with regard to all the circumstances

You can reasonably assume that it pulls away within 3 months after the

due to its financial obligations.



(4) if the debtor is a legal person, the Court shall reject the

the insolvency claim by the creditor and, if the State or higher

territorial self-governing unit after the opening of insolvency proceedings has taken over

all of its debts or is guaranteed.



§ 144



The insolvency petition cannot be dismissed because of the debtor's assets will not be

sufficient to cover the costs of the insolvency proceedings, even when it is obvious.



§ 145



(1) the decision on refusal of insolvency is delivered separately

the debtor and the insolvency of the applicant the.



(2) Against the decision rejecting the insolvency petition may appeal

only the insolvency projector.



section 146



(1) the Effect of the decision under section 142 shall cease effects associated with

commencement of insolvency proceedings and has not yet issued precautionary measures.

If warranted by the circumstances of the case, the Court may specify that the

effects associated with the initiation of insolvency proceedings and has not yet issued

provisional measures cease to exist until the legal force of the decision.



(2) in proceedings for an appeal against a decision under section 142 shall not be considered to

the facts that occurred or arose after the release of the decision of the Court of

in the first instance.



(3) If, according to the State of the insolvency proceedings, the need to decide

Court after the decision under section 142 of the finished

expenses and remuneration of interim administrator, as well as about the way their payment;
sections 38 and 39 shall apply mutatis mutandis.



§ 147



(1) if the insolvency proceedings the draft stopped or if

the proposal is rejected due to the insolvency of the insolvency of the petitioner, the person

that the commencement of insolvency proceedings and the measures adopted in its

during the damage or other harm, the right to compensation for such damage

insolvency or other injury to the applicant. In doubt, it is

for that, the appellant caused the cessation of insolvency the insolvency

the insolvency proceedings or reject the proposal.



(2) the right to compensation for damage or other injury referred to in paragraph 1 may be applied

also, if the bankruptcy proposal rejected; This does not apply, if the

insolvency proposal was rejected because the debtor after submission met the

the commitments certified its decline, or because they have with lenders

agreed on another manner of discharging those obligations, or due to that

in section 143, paragraph. 3.



(3) if the insolvency by the applicant legal person shall be liable for the fulfilment of the

damages or other injury referred to in paragraphs 1 and 2 jointly and severally

the members of the statutory body, unless they prove that without undue

the delay after the administration of the insolvency court to inform the design of the

the fact that insolvency is not filed, or the reason that it is not

met one of the other preconditions laid down by law for the issue of

the bankruptcy decision.



(4) a claim, which asserts the rights referred to in paragraphs 1 to 3, the debtor must

submit no later than 6 months after the date on which it was delivered to the decision,

which ends the insolvency proceedings of the design, and the other person no later than

6 months from the publication of this decision in the insolvency register; about

the lawsuit, however, could not decide before the legal force of the decision. It's not

about the incidenční dispute.



(5) If a timely brought about the application of the rights referred to in paragraphs 1 and

2, the right to compensation for damage or other injury referred to in paragraphs 1 and 2 by

shall cease. Not timely brought about the application of the rights referred to in paragraph

3, the right to pursue the fulfilment of damages or other injury referred to in paragraphs

1 and 2 in accordance with paragraph 3 shall lapse.



(6) if it is clear that a person was the commencement of insolvency

management and the measures adopted in the course of the fault of the insolvency

the petitioner or other harm, the Court may order

interim measures, which the person required to pay the deposit of this

damage or other injury has passed into custody at the Court of the appropriate financial

the amount of ^ 19). It will do so only on a proposal from the authorized person made within 30 days from the

issue of the decision terminating the proceedings about the insolvency of the proposal, the decision of the

on the refusal of the insolvency petition or the decision of rejection

insolvency; interim measures may not be required before the

the acquisition of legal power of such a decision. Interim measures

does not preclude that the total amount of damage, or other injury, yet cannot be quantified.

Interim measures in the regulation on insolvency court progresses

Similarly, under section 100, paragraph. 2 and 3.



Episode 6



Determination method of solution of the bankruptcy



§ 148



(1) the Court joins with the decision of the bankruptcy decision

the bankruptcy, if the debtor is a person, for which this law

excludes bankruptcy reorganization or solution phase.



(2) if the debtor together with the insolvency, in which the proposal as

the method of solution of the bankruptcy reorganization, shall submit the proposed reorganisation plan

adopted by at least half of all secured creditors, calculated according to the

the amount of their claims, and at least half of all unsecured

the creditors, the calculation according to the above claims, court with

by the decision of the bankruptcy and the decision about how to resolve the decline.



(3) if the debtor together with the draft insolvency shall submit a proposal to the

debt relief, enabling the insolvent Court with the decision of the bankruptcy and

the decision about how to resolve the decline.



section 149



(1) unless the case under section 148, the Court shall decide on the manner in

solution to the decline of a separate decision issued by up to 3 months after the decision

about bankruptcy; It must not, however, decide before after the creditors ' meeting

convened by decision of the bankruptcy.



(2) paragraph 1 shall not apply if the



and the proposal made by the debtor) to enable debt relief in insolvency proceedings

initiated on the basis of the insolvency of the draft of another person; in this case,

Court decides on how to resolve the bankruptcy of an individual

decision issued within 30 days after the decision of the bankruptcy, or



(b) the debtor has become a person), for which this law excludes bankruptcy solutions

reorganization or phase, after the bankruptcy decision; in this case,

can a court decide on how to resolve the bankruptcy of bankruptcy before

date of the meeting of creditors convened by decision of the bankruptcy.



(3) if the Court Has to decide on how to resolve the decline by

paragraph 1, is the subject of negotiations, the creditors ' meeting convened by decision of the

the bankruptcy trustee of a message always its current activities and

his comments about the suitability of the proposed method of solution of the bankruptcy; If

more such proposals, expressed the official receiver to do that from

consider the most appropriate and why.



section 150



If the insolvency court to decide on the method of solution of bankruptcy pursuant to section 149

paragraph. 1, and if the debtor is an entrepreneur, which is referred to in this law

permitted reorganisation, the creditors ' meeting convened by decision of the bankruptcy

It may also adopt a resolution about how to solve the debtor's bankruptcy bankruptcy

or reorganization.



§ 151



(1) the resolution of the meeting of creditors under section 150 is taken, if

creditors declared on the day preceding the holding of the meeting of creditors



and voted for them) at least half of all present secured

calculated according to the amount of their creditors ' claims, and at least half of all

calculated according to the present unsecured creditors the amount of their

claims, or



(b)) for having voted at least 90% of the creditors present, calculated according to the

the amount of the claims.



(2) where the creditors present at a meeting of creditors will be attending

the vote only secured creditors or the unsecured creditors, it is only

the resolution of the meeting of creditors under section 150, if taken from creditors

logged on the day preceding the holding of the meeting of the creditors for them

voted in at least half of all present voting creditors

calculated according to the amount of their claims.



(3) in the present referred to in paragraph 1 and 2 shall not be considered a creditor who

voted in writing.



§ 152



If the creditors ' meeting shall adopt a resolution under section 150, decides to insolvency

about how to troubleshoot the bankruptcy court pursuant to this resolution. This does not apply, if the

the time of the adoption of a resolution on how to deal the bankruptcy debtor person for that

This way of dealing with the Bankruptcy Act excludes, or, if the adopted resolution

contrary to the reorganization plan adopted by all groups of creditors,

that the debtor has submitted after the above-mentioned decision of the bankruptcy; §

paragraph 54. 1 shall not apply.



§ 153



(1) if the Court decides that the way to solve the decline is

reorganization, with this decision, and the decision on the provisions of the

experts for the purpose of valuation of the estate; at the same time experts to

the opinion drafted in writing. Similarly, the Court shall proceed,

If the creditors ' meeting next to a resolution about how bankruptcy solutions

the debtor's bankruptcy and the resolution, which recommends that the monetization

the estate under section 290.



(2) the creditors ' meeting, which shall adopt a resolution on how the bankruptcy solution

reorganization, or the creditors ' meeting, which in addition to the resolution on the way

bankruptcy debtor bankruptcy solutions and adopt a resolution which recommends that

liquidation of the estate in accordance with § 290, it may also adopt a resolution,

establishing a person of experts referred to in paragraph 1; in this case, decides

Court on the provisions of this resolution by experts.



(3) the resolution of the creditors ' meeting about the destination of the person is taken, if the experts

from lenders registered to the date preceding the holding of the meeting of creditors

voted for it at least two-thirds of all the creditors,

calculated according to the amount of the claims.



§ 154



(1) the remuneration of the expert appointed by the insolvency court under section 153 shall be governed by

the rules that generally govern the remuneration of the expert in operations outside the

judicial proceedings ^ 23).



(2) the amount of the remuneration of the expert referred to in paragraph 1 shall approve the creditor Committee;

If there are no rewards for approval within 15 days after the provision of an expert,

Court approves its remuneration.



§ 155



(1) for the purposes of the valuation of the estate on the basis of the decision of the

the insolvency court under section 153, that the operation of the debtor's business

ended up to the date of submission of the expert's report; part of the estate, to the

which is applied right to the satisfaction of the collateral, in the studies

the report will be appreciated separately.



(2) an expert referred to in paragraph 1 shall submit the above-mentioned expert

the Court, which convened without delay for the purpose of its examination and

approval of the meeting of creditors, to which the summons and experts; expert opinion

must be published in the insolvency register, not later than 15 days prior to the

the date, when the meeting of creditors held.



(3) after consulting the expert shall decide about the creditors ' meeting
whether it approves; the resolution of the creditors ' meeting for the approval of the expert

the report is received if, at the date of the creditors ' registered

the previous meeting of creditors voted for it at least two

thirds of all of the creditors present, calculated according to the amount of the claims.



(4) in accordance with the resolution of the creditors ' meeting for the approval of the expert opinion shall issue

Court decision on the price of the estate; against this

the decision is not appealable.



§ 156



If the creditors ' meeting of an expert approves, it may take

the resolution declaring the person a new connoisseur; the provisions of § 153 to 155

shall apply mutatis mutandis.



§ 157



(1) ensure the lenders pay into the estate together and

severally liable for half the pay and cash expenses paid experts, and in

the time limit set in the invitation of the insolvency administrator; between them, the

shall be settled according to the ratio of the values of the designated expert

opinion.



(2) after the time that the secured creditor is in default in the fulfillment of

the obligations referred to in paragraph 1, with its secured claim not be remunerated.



Episode 7



The decision on the fact that the debtor is insolvent



section 158



(1) before making a decision about how to resolve the bankruptcy under section 149 shall decide

the insolvency court even without proposal, that the debtor is insolvent, if it finds that the



and after the decision) nor the bankruptcy has not been certified by the debtor's bankruptcy, or



(b)), there is no logged-on the creditor and all claims for the material

the essence of the claim and they assimilated are met.



(2) before making a decision about how to resolve the bankruptcy under section 149 shall decide

Court that the debtor is insolvent, also on the proposal of the debtor,

If the debtor to this proposal joined the Charter, to which all

the creditors and the insolvency administrator ahead with this proposal, and on the

that is officially verified the authenticity of the signature of the persons who have signed it.



(3) the decisions referred to in paragraphs 1 and 2 shall be enforceable and its effects

occurs when the date becomes the legal power. Legal force of this decision

insolvency proceedings are terminated.



(4) decisions under paragraphs 1 and 2 shall apply to the provisions of part two of the

the head of the first part 8 of this Act concerning the cancellation of bankruptcy reasonably.



(5) the same effect as a decision under paragraphs 1 and 2, the decision has

which the Court of Appeal annulled or changed the bankruptcy decision issued by the

Court of first instance; the legal power of the resolution, which the Court of appeal

set aside the bankruptcy decision issued by the Court of first instance, however, the

insolvency proceedings do not end.



Episode 8



Incidenční disputes



§ 159



(1) Incidenčními disputes are



and disputes about authenticity,) or the order of the registered claims,



(b) disputes concerning the exclusion of things), the rights, claims or other equity

the value of the estate or of the issue proceeds pursuant to section

225 paragraph. 5,



(c) settlement of disputes) of the common equity of the debtor and his or her spouse,



(d)) on the basis of the object of litigation actions,



e) disputes relating to the compensation for damage to property resulting from the breach of the essence

duties, insolvency administrator,



(f) disputes about the validity of contracts), which occurred on the liquidation of the estate

the nature of the sale outside the auction,



g) disputes about the destination, whether or not there is a legal relationship or the right on

the assets or liabilities of the debtor, if such designation urgent

legal interest



h) other disputes which the law designates as the disputes incidenční.



(2) For other disputes, which is the official receiver, cannot be

provisions for incidental use, although disputes are taking place for the duration of the

the insolvency proceedings.



(3) unless otherwise provided in incidental disputes cannot be

continue after the termination of the insolvency proceedings.



(4) the incidental disputes referred to in paragraph 1 (b). and (c))) and e) to (g))

You can continue after the termination of the insolvency proceedings by abolishing the bankruptcy under the

Section 308, paragraph. 1 (a). (c)) or by the decision, which the Court will take on the

Note the fulfilment of the reorganisation plan or decision, which

Court shall take note of the fulfilment of the debt relief. Incidenční disputes

referred to in paragraph 1 (b). and) in this case, consider disputes about

determine the authenticity, above, or the order of the registered claims for the period after

It took for insolvency proceedings, and incidenční the disputes referred to in paragraph 1

(a). (b)), with the exception of disputes on the issue proceeds pursuant to § 225, paragraph.

5, for disputes on determining whether the thing right, claim, or other property

the value belonged to the estate of the debtor on the date of the end of the

the insolvency proceedings.



(5) a participant in the incidental disputes referred to in paragraph 1 (b). and (c))) and (f))

and (g)), in which you can continue in accordance with paragraph 4, the date of

insolvency proceedings becomes instead an insolvency administrator, the debtor.



(6) Incidenční the disputes referred to in paragraph 1 (b). (d)), the date of insolvency

control ends up clearing the bankruptcy pursuant to section 308, paragraph. 1 (a). (c)), or

the decision, which the Court takes note of meeting

the reorganisation plan or decision by which the Court takes

note of meeting debt relief, interrupt and can continue only on

the proposal of any of the debtor's creditors filed within 30 days of interruption

such a dispute. On the day when his proposal out of the insolvency court,

each such creditor becomes a party to the proceedings instead of the insolvency

administrator. In the absence of such a proposal within the prescribed period any of the creditors,

court proceedings on the incidenčním dispute.



section 160



(1) Incidenční the dispute will discuss and decide on the proposal of the authorised person,

in insolvency proceedings for insolvency court; This proposal

has the nature of action. ^ 24)



(2) If a hearing and decision incidenčního of the dispute in the framework of the

insolvency proceedings may lead to delays in insolvency proceedings,

the President of the Court shall order such dispute other judges

the insolvency court.



(3) in proceedings relating to an action referred to in paragraph 1, the provisions of part the first

the head of a third of this Act apply only to the provisions on the service;

If this is not the case under section 80 (2). 1, the parties to the document

In addition to the delivery of the Decree be served separately and a decision on the merits of the

your own hands. The insolvency administrator who is not a participant

incidenčního of the dispute, the Court shall immediately

decisions issued in this dispute; the provisions of section 75, paragraph. 2

does not apply.



(4) an action under paragraph 1, belatedly, or a person to

was not entitled to, court refuses. As well, if the

action shortcomings that failed to delete and which prevents

proceedings continue ^ 25).



(5) if consideration of the action referred to in paragraph 1 the lack of conditions

the proceedings, which cannot be deleted, or that failed to delete,

court proceedings for this action stops.



§ 161



(1) the Court shall consult the incidenční dispute in the negotiations, for which the

does not apply to the provisions concerning negotiations in insolvency proceedings. To this meeting

summon the parties and persons whose participation is a must. From the negotiations may

Bankruptcy Court in the cases, when it admits the civil court

of procedure.



(2) If a court terminates the participation of creditors in the popírajícího

insolvency proceedings in the course of a dispute about the authenticity of the incidenčního, or

the order claims can be incidenčním only in the dispute continue to

the proposal of the insolvency administrator. On the day when the insolvency court such a proposal

occurs, the assignee becomes a participant in the dispute instead of incidenčního

popírajícího lender; the insolvency court then returns popírajícímu

the lender a security compound. The absence of the insolvency administrator in this proposal

a time limit which the insolvency court for this purpose, the Court

proceedings of the incidenčním dispute to popírajícímu lenders will stop.



§ 162



(1) in the incidenčním dispute shall be decided by the judgment of the Court, in the case of

the decision on the merits; the settlement, however, decided by resolution.



(2) the Settlement closed in incidenčním dispute insolvency administrator may

be approved by the Court, only if the creditor agrees with him

the Committee.



§ 163



The cost of the dispute and their refund incidenčního decides to insolvency

the Court in the decision incidenčním of the dispute, in accordance with the provisions of the civil

Code of civil procedure, unless otherwise provided for in this Act. Reimbursement of costs

incidenčního a dispute is a specific claim that is not covered by section

170 (c). (f)).



§ 164



A final judgment issued in the incidenčním dispute is binding for all

process operators.



The Head Of The



The creditors and the application of the claims



Part 1



The position of the creditors and their claims



§ 165



(1) the creditors who apply their claims with the filing of the application,

meet depending on how the bankruptcy solution, and this timetable in the

bankruptcy reorganization plan in reorganization of the discharge or discharge

When debt relief, unless the law otherwise.



(2) the law may provide that, in accordance with paragraph 1 shall meet some

lenders who do not claim application, fulfil the law

the conditions laid down.



(3) Otherwise than in accordance with paragraph 1 may be in insolvency proceedings

to satisfy the claim of the estate only, which provides

This law; the satisfaction of other claims is excluded.
(4) unless otherwise provided, the implementation provided by the lender after

the bankruptcy decision procedure laid down in this Act to meet its

claims to be reallocated to the first principal, the interest, then to the interest of the

delay and eventually on the costs associated with the use of the claim.



§ 166



Ensure the lenders they apply their claims to the claims in the application,

which they must invoke its collateral circumstances, which is

certify and connect the instrument, which is of concern. This is true even if the

If the secured creditor who may claim against the debtor

satisfy only of assets provided to ensure.



section 167



(1) ensure the lenders are in the range of collateral meet of monetization

things, rights claims or other assets, which was their

the claim, unless the law otherwise. For the order of their

satisfaction is a crucial time of the creation of a lien or a period of developing

ensure, unless agreed otherwise in writing by secured creditors.



(2) creditors enforceable claims for compensation for damage or non-material

the injury caused by the criminal offence or on the issue of unjust enrichment

obtained a criminal offence to satisfy from the liquidation of the things right

accounts receivable or the other property values, these values have been secured

in criminal proceedings for this criminal act and application of the claim was

made at a time when the collateral in accordance with the criminal procedure takes, or handed to

such a creditor proposal on enforcement by the establishment of a judicial

lien on real estate at a time when the collateral under the criminal

the order took. For the satisfaction of the order referred to in paragraph 1 is crucial time

the emergence of the collateral in accordance with the criminal procedure code. The provisions relating to the status of

secured creditors apply mutatis mutandis to these creditors.



(3) If, according to an expert report drawn up in insolvency proceedings

After the decision on the decline of the value of the collateral is less than the amount of the secured

the claim, the claim shall be deemed to so the difference for

an unsecured claim; other claims of secured creditors with

later the order in this case considered to be unsecured, in full

the range. Referred to in the first sentence shall, until the liquidation of the

ensure a..



(4) the realisation of things, rights, claims or other property values in

insolvency proceedings shall cease providing the claim of a secured creditor, and

even in the case that he has not submitted the application of his claims.



(5) If a lock right, which died of the sale referred to in paragraph 4,

registered in the public or private list under the Special

the legislation forward ownership or other rights in rem to

zpeněžené things, claim, or other assets, issue

the insolvency administrator of the zpeněžené things, the licensee claims, rights or

other assets without delay the confirmation of the demise of the collateral.



section 168



The claim for the material essence of



(1) Claims for the material essence, if incurred after the commencement of

insolvency proceedings or after the announcement of the moratorium, are



and cash expenses and compensation) reward the preliminary administrator; This does not apply,

If the preliminary insolvency administrator is appointed manager,



(b) reimbursement of necessary expenses) and the remuneration of the liquidator of the debtor of the appointed

the Court and the debtor's business manager for the synergies provided by the preliminary

Administrators or insolvency administrator



(c) reimbursement of necessary expenses) and the remuneration of the members and alternate members of the creditor

the Committee,



(d) a refund of the advance on costs) of the insolvency proceedings, if in

accordance with the decision of the insolvency court paid a person other than the

the debtor,



(e)) for the duration of the claims of creditors arising from the moratorium from contracts pursuant to section 122

paragraph. 2,



(f)), the claims of creditors of the credit financing.



(2) Claims for the material essence, if after the decision

bankruptcy, are



and cash outlays and remuneration) of the insolvency administrator,



(b) the costs associated with keeping) and the administration of the estate of the debtor,



(c) reimbursement of necessary expenses) and the remuneration of the liquidator, the person in the position of

a similar position to the liquidator's representative and responsible for the activities of the

carried out after the bankruptcy decision,



(d) reimbursement of cash expenses) and the remuneration of the expert appointed by the insolvency

the Court for the purpose of the valuation of assets,



e) taxes, fees and other similar financial performance, social insurance

Security and a contribution to the State employment policy, insurance on the

public health insurance and pension premiums on savings, accounts receivable

resulting from the repair of the above tax claims on the debtor in insolvency

management according to the law governing value added tax,



(f)), the claims of creditors of the person to perform contracts

permissions, with the exception of contracts entered into by the debtor after the approval of the

debt relief,



(g)), the claims of creditors of the contracts under this Act shall be deemed to

under the contract, the person with the privileges to perform it supplies,

If the concern the implementation provided by the creditor to the debtor after the commencement of

insolvency proceedings; It does not apply to claims, which relate to the implementation of the

provided to the lender for the duration of the debt relief,



h) corresponding to the claims of creditors the right to return of the execution of the contracts,

which according to this Act, be construed as a contract, the person

with the permissions to perform refused, if the concern the implementation of the

provided to the creditor to the debtor at the time from the initiation of insolvency proceedings

to date under this Act arose from the refusal of effects; This does not apply

for claims concerning the performance provided by the lender for the duration of the

debt relief,



I) interest in accordance with section 171, paragraph. 4,



j) reimbursement of cash expenses of persons who have provided the insolvency administrators

synergies,



for other claims,) which provided for by this law.



(3) unless otherwise provided, the claims for the material nature of the

satisfy in full at any time after the bankruptcy decision.



§ 169



Assimilated receivables receivables for the material essence of



(1) the claims on a par with the claims for the material

the essence of are



and employment claims of debtors ' employees), if the law

on some of them provides otherwise,



(b)), the claims of creditors to recover damages caused to the health,



(c) the claims of the State Authority)-the work of the Czech Republic for compensation for wages

paid employees and for the funds paid under the Special

the legislation,



(d)) participants from supplementary pension insurance with State

the contribution,



e) claims of creditors on the maintenance of the law,



(f)) to pay the costs incurred by a third party on the evaluation of the

the estate, if for that reason, against the debtor of the receivable

unjust enrichment,



(g)), the claims of creditors arising for the duration of the moratorium declared before the

commencement of the insolvency proceeding from contracts pursuant to section 122, paragraph. 2, if

insolvency proceedings are instituted within a period of 1 year from the end of the moratorium,



(h)) other receivables, for which this law so provides.



(2) unless otherwise provided, assimilated to receivable

claims for pecuniary nature, satisfy in full at any time

After the bankruptcy decision.



§ 170



In insolvency proceedings is insufficient in any of the ways of resolving the bankruptcy,

unless otherwise specified,



and) interest, default interest and a late charge from Receivables

registered lenders, incurred prior to the decision of the bankruptcy, if the

had grown fast to at the time after this decision,



b a) interest, default interest and a late charge from the claims of creditors,

that became due after the bankruptcy decision,



(c)), the claims of creditors of both contracts,



(d)) the non-contractual penalties concerning the debtor's assets, with the exception of the finance charge memos

for the non-payment of taxes, fees, and other financial transactions,

social security contribution to State policy

employment and insurance premiums for public health insurance if

the obligation to pay this penalty was formed prior to the decision of the bankruptcy,



e) contractual fines, if the right to their application was created to

the bankruptcy decision,



(f) the costs incurred by the parties to the proceedings) them participation in insolvency proceedings.



§ 171



(1) if the agreed interest, secured claim shall be remunerated to the extent

ensure the date following the date of the decision on the method of solution

the decline of the rate of interest agreed before the debtor got into

the delay; This does not apply with respect to interest on arrears.



(2) If a way to solve the bankruptcy bankruptcy and property is

zpeněžena under section 290, increases, the claim of the secured

the lender's interest přirostlé referred to in paragraph 1.



(3) it is a way to solve the bankruptcy bankruptcy and property is

zpeněžena otherwise than under article 290, paragraph 1 shall not apply.



(4) If a way to solve the bankruptcy reorganization, přirůstají interest under

paragraph 1 sentence before a semicolon to the claim of a secured creditor from

the day following the date of the decision on how to resolve the bankruptcy and payable

are monthly, as soon as the connoisseur will appreciate the value of the collateral.



§ 172



(1) after the full payment of all receivables, which relates to the insolvency

management, with the exception of the claims referred to in section 170, in insolvency
management pay also subordinated claims and the claims of the members or

members of the debtor arising from their participation in a company or in

team.



(2) a child of the claim is a claim that has to be in accordance with the Treaty,

satisfied after satisfaction of other claims or other

the claims of the debtor, in particular if the decision on the bankruptcy of the debtor;

for the child of a claim shall be deemed to also claim the child

a bond under special legislation ^ 26).



(3) the claims in accordance with paragraph 1 meet in the

Depending on the extent of the agreed or laid down their subordination; otherwise,

to meet fairly. As the last always satisfy the claims of

shareholders or members of a debtor resulting from their participation in the

of the company or in a team, and it's fairly.



(4) the claims of the members or the members of the debtor arising from their

participation in society or in the team are in insolvency proceedings

do not apply, but only to announce insolvency administrators, which leads

their records.



Part 2



Claims and their review



§ 173



Filing of the application



(1) the creditors in the insolvency claims served the Court from

the opening of the insolvency proceedings until expiry of the period laid down

by the decision of the bankruptcy. For applications that are submitted later

Court disregarded and applied the claim in

insolvency proceedings do not satisfy. Enforceable debts on creditors

damages or non-material damage caused by the criminal offence or the

the issue of unjust enrichment obtained by the criminal offence shall be submitted

claims on the insolvency court at any time during the

insolvency proceedings, if the criminal proceedings concerning the offence was

secured assets in the estate of the debtor and the application basically claims

was made at a time when the collateral in accordance with the criminal procedure code.



(2) log on also claims that have already been applied in the courts, as well as

and enforceable claims including those that are recovered by performance

the decision or execution.



(3) Sign can claim or the claim related to the nesplatnou

the condition. The claims of creditors bound to compliance with the conditions for the expiry

be treated in insolvency proceedings for unconditional until expiry

the condition is not met. The claims of creditors bound to meet

swap the conditions does not affect the initiation of insolvency proceedings.



(4) the application for a claim for the period to lapse or for the demise of the

the rights of the same effects as the action or any other application of the law in court, and it

the date when she reached the insolvency court. The application of the claim, that is

is filed with the Court, other than to refer this Court shall immediately

the Court of insolvency, without issuing a decision; effects associated with

the filing of such application the date on which application occurs will

the insolvency court.



§ articles



The effects of the expiry of the deadline for the filing of the application



Expiry of the period laid down by the decision of the bankruptcy to the filing of the application

lapse effect associated with the commencement of the insolvency proceedings referred to in section 109

paragraph. 3.



Requirements for applications



§ 174



(1) the claims and their attachments shall be submitted in duplicate. A copy of the

the application and its annexes shall transmit to the Court the insolvency administrators.



(2) the application for a claim must in addition to the General requirements for filing ^ 20)

include the reason for the creation and the amount of the claims of the candidate. The reason of developing

Mark claims means putting the facts on which the

the claim is based.



(3) If a claim secured creditor in the application form must indicate whether the

the right to the satisfaction of the claims of the kind of assurance and mark

ensure and for its creation; If not, it is considered that the right of

to the satisfaction of the claims of the mark in the insolvency

applied management.



(4) if the above claim, the creditor must include in the application

the fact that enforcement is based.



§ 175



It is always necessary to quantify the claim in cash, even if it is a claim

non-pecuniary. Receivable in foreign currency must be converted into the Czech currency

According to the foreign exchange market exchange rate declared by the Czech National Bank on the day of

the opening of the insolvency proceedings and the claim became payable before

According to the rates on the day of her maturity. For the conversion of receivables

in foreign currencies, for which the Czech National Bank issues course

the foreign exchange market, the central rate of the Central Bank, the competent

countries, where appropriate, the current rate of the interbank market to the us dollar

or to the euro. With respect to non-pecuniary claim or claim vague

above, must be expressed in money, on the basis of the estimate of its value.



§ 176



For the accuracy of the particulars given in the application of its receivables corresponds to the

the lender. The application claims may only be submitted on the form; Essentials

the form provides for the implementation of legislation. The form of the publish form

the Ministry in a way that allows remote access; This service may not

be free of charge.



§ 177



The application for registration of the claim it is necessary to connect the instrument to which the application

invokes. Enforcement of receivables evidenced by public deed.



Section 178



(1) If, after the review of the procedure provided for in this Act, be refunded

the claim is detected, so that the actual amount of the claims shall be

less than 50% of the amount subscribed to subscribed the claim shall not be considered

even in the scope in which it was established; This does not apply, if it depended upon the

the decision of the Court of the amount of the claims on the

studies of the report or on the discretion of the Court. Lenders that such

the claim signed up, the Court on the proposal of the insolvency

Store Manager, to the benefit of the estate paid the amount,

to be determined by taking account of all the circumstances and review login

the claims, but not more than the amount applied for the claim

overwhelmed by the scope in which it was established; as for the incidenční dispute.



(2) For the purposes of assessing whether the conditions referred to in paragraph

1, shall not be considered submitted that part of the claim which the lender took the

effectively back before there was an effect, on the basis of which

This Act shall be disregarded for the popřené part of the claim.



Section 179



(1) If, after the review of the procedure provided for in this Act, be refunded

secured claim is detected, so that the creditor has the right to the satisfaction of the

the claims in the range of less than 50% of its amount or that it has the right to

in order to ensure satisfaction from worse than stated in the application form

the claims to the right to satisfy the claim of the collateral

in insolvency proceedings; This does not apply if the decision depended

the insolvency court about the amount of secured claims on studies

expert opinion or on the discretion of the Court. The provisions of section 167, paragraph. 4 this does not prejudice.

The lenders, which breach may claim such court on the

proposal for an insolvency administrator to save, to the benefit of the secured

creditors, who signed up the claim by ensuring the same

the property, pay the amount you determined with regard to all the circumstances

application and review of the right to the satisfaction of the collateral, but not more than

the amount by which the value of the collateral referred to in the application exceeded

the observed value of the collateral; as for the incidenční dispute.



(2) For the purposes of assessing whether the conditions referred to in paragraph

1, is not considered as applied in the application of that part of the rights to the satisfaction

of ensuring that the lender effectively took back before it was

the effect, on the basis of which under this Act, account popřené

part of the right to the satisfaction of the collateral.



§ 180



The obligation to pay an amount under section 178 or 179 cannot save lenders,

the rights associated with the nezjištěnou claim in the course of proceedings

performs.



§ 181



The person who signed the application claims, shall be liable for the fulfilment of the obligations of the

to pay an amount under section 178 or 179; in the case of a representative of the

the basis of power of Attorney, however, for the fulfilment of this obligation is guaranteed by the person to whom the

the representative of such an act to be hijacked, unless it is a representation of the extent

the usual work classification, or function. This does not apply if the creditor is

State or the Czech National Bank.



§ 182



If, on the basis of the application of the claim recorded in the range indicated in the

Section 178 or 179 made by a creditor in the insolvency proceedings act, which worsened

or could worsen the position of other creditor or if, in the course of the

insolvency proceedings made clear that the creditor has not signed the claim in

good faith, not the fact that the lender took back the application claims

no effect on the procedure provided for in § 178 odst. 1 or section 179, paragraph. 1.



§ 183



(1) the Filing of a claim which provide things, claims or rights

other assets of third persons is without prejudice to the right of the creditor

Sue meet the claims from this security.



(2) the application shall not affect the right or claim of the creditor to claim

satisfaction of claims after any of the persons to the respective him together and
severally liable with the debtor; on the right of creditors to demand the fulfilment of the debtor's

the guarantor, including bank guarantees and in special cases a guarantee ^ 27), it

shall apply mutatis mutandis.



(3) the person from whom the creditor may require the implementation of paragraphs 1 and

2, they can claim them against the debtor arose satisfaction

log on as the claim of the creditor, the conditional. However, if the lender

such a claim, they can log on to the following persons in the range in which the

to satisfy the claim in insolvency proceedings, claim a place without

considerations as to whether it known, that for their input into the management of the

section 18 shall apply mutatis mutandis; the proposal under this provision may be made by themselves.



section 184



(1) a creditor who filed the application or the visor

as to the lender who is logged on, may at any time in the course of insolvency

take back control of the application of the claim. Court takes the withdrawal

application note decision, which specifically delivers the creditors,

the debtor and the insolvency administrators; an appeal against it may be brought only

the creditor or the person who has submitted a proposal to the entry to the management on site

the creditor (section 183 (2)). Legal force of this decision the creditor's

participation in the tender.



(2) a creditor who takes back the application claims, therefore, that it

meet some of the people from which may require filling under section 183

paragraph. 1 and 2, it shall indicate in the withdrawal of the application; If they do not,

corresponds to such person for any damage or other injury resulting from it.



(3) in the case referred to in paragraph 2 shall inform the Court of the

withdrawal of the application, the person that the claim by the withdrawal of the meet,

and the deadline for submission of the proposal on entry to the procedure instead of the creditor;

about the withdrawal of the application for a court to decide after this

the time limits. In the extent to which the insolvency court passes the proposal, a person who

to satisfy the claim, on entry to the procedure instead of the creditor, to the

withdrawal of the application, the claims shall be disregarded.



§ 185



If in the course of insolvency proceedings occurred, on the basis of

which, under this Act, the application for registration of the claim or to the logged-in

claim not taken into account, the Court rejects the application, the decision

against which the appeal is admissible and which is delivered separately

logged on creditors, debtors and insolvency administrators; the appeal against the

It may submit only the logged-on the creditor. Legal force of such a decision

the participation of creditors in insolvency proceedings ending; about insolvency

the Court shall inform the creditor of the logged-in the scope of the decision.



§ 186



(1) If the claim of the creditor was logged on during the

insolvency proceedings met or otherwise lapse and

logged on the creditor did not take back the application without undue delay,

the insolvency court of his participation in the insolvency proceeding shall be terminated by a decision,

which is delivered separately to the logged on creditors, the debtor and the

insolvency administrators. Against this decision, which shall be

justified, not remedies permitted; in the grounds, however,

the insolvency court always indicate the reason for the extinction of the claim.



(2) a creditor who is logged on, which claims that its claim was not in

during the insolvency proceedings meet neither has not gone away in any other way,

can an action filed in court to seek to determine its

the claim still persists. The action must be brought against the above-mentioned

the administrator, within 30 days from the day when logged on to the creditor was

delivered to the decision referred to in paragraph 1. The time limit is maintained, if the

the claim not later than the last day of the period of the Court. If the action was not in time

is made, the claim of the creditor who is logged on a lapse in the manner

referred to in the decision referred to in paragraph 1. The same applies if the

Court refuses to dismiss her or her management.

The legal power of the decision, which the court action, with the participation of

logged in reopening the creditors in insolvency proceedings. The action is

dealt with as the incidenční dispute.



§ 187



For part of the claims procedure applies pursuant to section 184 to 186.



section 188



Review of applications for insolvency administrator



(1) the official receiver shall examine submitted claims, in particular,

According to the accompanying documents and the accounts of the debtor or by the

registers kept under special legislation ^ 13). Further prompts

of the debtor, to the registered receivables. If it is necessary,

about performs necessary investigation with claims by utilizing synergies

authorities which are obliged to provide it.



(2) if the application claims reviewed for its defects or

the incompleteness of the insolvency administrator to ask lenders to fix it or

complete within 15 days, unless a longer period. At the same time it will learn how

need to perform repair and replenishment. Claims that have not been

timely and duly supplemented or corrected, the official receiver shall submit to the

the insolvency court to decide that the application for registration of the claim

be taken into account; for this effect, the creditor must be advised.



section 189



List of registered claims



(1) the official receiver shall establish a list of registered claims; u

the claims, which it denies, it shall be explicitly mentioned. The list does not include the

the claim, which is not taken into account, the claims excluded from the meet

and other claims, for which it shall lay down the law. Secured creditors in

the list shall be shown separately. For each creditor shall be indicated

necessary for its identification and data for an assessment of the reason of developing, above

and the order of its claims; in the case of secured creditors is the reason and

way to ensure. The list shall indicate separately the claims that are enforceable and

logged-in as a contingent receivable by persons from which the creditor may

require filling under section 183, paragraph. 1 and 2.



(2) a list of registered claims the official receiver shall draw up and

added so that it could conclude without delay after the end of the period to

filing of claims and applications well in advance of the deadline

the venue of the review meeting. Participants are entitled to the insolvency

administrator look into the list of registered claims and documents

the basis was built.



(3) the list of registered claims court shall publish in

Insolvency Register, not later than 15 days before the date on which the

review the review meetings, and to review the negotiations take place within 30 days

After the expiry of the period for the lodgement of claims no later than 10 days prior to the

the date on which the review the review meeting. Court further

shall be published without undue delay of any change in the insolvency register

list of registered claims.



Review of registered claims



section 190



The review meeting



(1) the review of registered claims is happening on the review of negotiations

nařízeném the insolvency court.



(2) the date and place of the review meeting shall designate a court in

the bankruptcy decision. The debtor and the insolvency administrator to deliver

court summons to review the negotiations into their own hands, with the

the lesson of the necessity of their participation. Unless otherwise specified,

can the official receiver on their danger, and at his own expense (section 39

paragraph. 2) represented by another person during the review meeting recorded in the

list of insolvency administrators.



(3) a notice of change of date or venue of the review meeting

delivers the Court especially the persons referred to in paragraph 2, under the conditions

There laid down. On the change of date or venue of the review meeting

notify the Court separately also the persons mentioned in § 139 paragraph. 1,

as regards the creditor who is logged on.



(4) the Court may impose, administrators, insolvency to provide

the assistance needed for the preparation of the review of the negotiations, and to identify the nature of the

This synergy.



§ 191



(1) the review of the claims in the review of the negotiations going on in accordance with the

registered claims. Logged-in as a contingent receivable by persons

from which the creditor may require the implementation under section 183, paragraph. 1 and 2, the

not included on the review of negotiations after a period, after which the insolvency

proceedings against the debtor applied for the claim the lender.



(2) review meetings shall be deemed enforceable, each logged on

the claim in respect of which the creditor demonstrates that has become enforceable

not later than on the day of the bankruptcy decision. When you review the negotiations cannot be

be considered enforceable claim for unenforceable for reasons for which the

It was negated. Wondering shall decide on whether the claim

shall be deemed for the purposes of its review of the above, for the completion of the

the review court hearing; It shall do so by a resolution, which

delivered and which is not subject to appeal.



§ 192



Denial of registered claims



(1) the authenticity of the order, and all registered claims may deny the

the insolvency administrator, the debtor and the creditors login; the denial of claims

You can take it back.



(2) the official receiver may change the opinion of the review meeting,
that has delivered to each of the claims in the list of subscribed

the claims.



(3) unless otherwise provided for, not denial of the debtor

influence on its findings; its effect, however, is that for the claim,

that the debtor has denied to its authenticity, or above, is not in the range

the denial of a customized list of registered claims enforcement title.



(4) the lender may until the end of the review hearing until his

the claim is not detected, the change of the mark claim. If

as a result of this change, it is not possible to review the submitted claim when

nařízeném the review hearing, the Court shall order special

the review meeting. However, the lender is obliged to pay other creditors

at their request, the costs they have incurred in connection with their

by participating in a special review meeting.



§ 193



Denial of the authenticity of the claim



About the denial of the claim to its authenticity, only if it is argued that the

the claim did not result in, or that have already disappeared completely or completely

promlčela.



section 194



Denial of the amount of the claim



About the denial of the claim to the amount only, if it is argued that the

the debtor's obligation is less than the amount applied for. He who disputes the amount of the

claims must include at the same time, what is, in fact, the amount of the

the claim.



section 195



Denial order claims



About the denial of the claim to its order only if it is argued that the

the claim has a less favourable order than the order listed in the application

claims, or if it is disputed by the right to the satisfaction of the claims of the

ensure. One who denies the claim, the order must also include, in

what order to be receivable.



§ 196



The effects of denial of the claim



(1) the denial of the amount of the claim does not affect its ranking. Denial order

the claim does not affect the authenticity or the amount of the claim.



(2) the Denial of the right to the satisfaction of the claim of ensuring it has the

a secured creditor who may claim against the debtor

satisfy only of assets provided to ensure the same effects as

denial of the authenticity of the claim, and if this right was challenged only in part,

the same effects as a denial of the amount of the claim.



§ 197



(1) the outcome of the review of the negotiations to the list of official receiver writes

registered claims; This customized list forms part of a

review of the negotiations. Creditors, who so request, shall issue to the insolvency

the Court listing from this list.



(2) a creditor whose claim has been refuted unenforceable significance

during the review meeting, instruct the official receiver or insolvency court

When you review the negotiations on the further procedure; the lender, which is review

not participate in the negotiations, the official receiver shall inform, in writing, and even

then, if the denial is shown in a modified list of subscribed

the claims.



§ 198



Denial nevykonatelné receivables insolvency administrator



(1) the creditors of nevykonatelné claims, which were denied by the insolvency

by the administrator, may exercise their right of action, to determine in the case of insolvency

the Court within 30 days of the review hearing; However, this period ends before

before the expiry of 15 days from receipt of the notification referred to in § 197, paragraph. 2. the action

serves always against insolvency administrators. If there is no action in the

the prescribed time limit, to the above-mentioned claim to popřené

the authenticity of the account; the claim in the amount of popřená or the order is in

this case established in the amount of the order or when it

denial.



(2) in an action referred to in paragraph 1 may be invoked as a reason for the emergence of the applicant

popřené claims only the fact that as the reason for the emergence of this

Receivables apply no later than the end of the review meeting, and further

the facts on which the applicant learned of the later because he

the buyer of the contract of sale of the undertaking or its part did not report in a timely manner

seize the debtor's obligation.



(3) if in the course of the proceedings on the application referred to in paragraph 1 indicated that

popřená claim is the claim above, it's not a reason to

the rejection of the claim, the defendant in this case is, however, required to demonstrate

the reason for the denial under section 199.



section 199



The denial of an enforceable claim insolvency administrator



(1) the official receiver, who denied the claim above, shall submit to the

30 days of the review meeting for the insolvency court, that its

the denial applies against creditors who claim above

signed up. The time limit is maintained, if the action occurs not later than the last

day of the period of the Court.



(2) As the reason for the denial of the authenticity of the claim or the amount of a judgment

granted by a final decision of the competent authority may only be

the fact that were not applied by the debtor in the proceedings, which

preceding the date of this decision; the reason for the denial, however, cannot be

other legal assessment of a case.



(3) in an action referred to in paragraph 1, the applicant may claim against popřené

only the fact for which a claim denied.



section 200



Denial of the claim by the creditor to logged-in



(1) the lender shall be entitled to deny the claim of other creditor in writing.

Denial of the claims must have the same requirements as referred to in the action

Code of civil procedure and must be perceptible if it denies

the authenticity of the claims, or the order of the above. Denial of the claim may be made

only on the form, the particulars of which lays down implementing legislation.

The form of the form shall be published by the Ministry in a way that allows remote

access; This service may not be free of charge.



(2) the denial of the claim by the creditor to the logged-in account, just

If the submission contains all the essentials and is delivered to the insolvency

the Court no later than 3 working days before the date of the review the negotiations on the

popřené claim; section 43 of the judicial code shall not apply. After

This period cannot be applied to change the reason for the denial. The denial of the

the claims made in the form, at the time of the review meeting

about the popřené claim requires its written submission of its tween,

the original, or the submission of the written submissions of the same text, the

be taken into account.



(3) if the Court concludes that the denial of the claim

registered creditor shall, by a decision, which may

only until the end of the review the negotiations on the popřené claim.



(4) a decision under paragraph 3, especially lenders, which delivers

He denied the claim, the creditor and the debtor of the receivable, popřené

insolvency administrators. The person entitled to lodging an appeal against this

the decision is the only lender that denied the claim.



(5) if the Court declines to the denial of the claim, it shall be considered

the filing, which logged the creditor denied the claim, from a decision of the

How to troubleshoot a decline, however, as soon as possible after the expiration of 10 days from the end of the

the review meeting, an action that the creditor has applied for

the insolvency court his denial to the lender that the claim

signed up.



(6) As the reason for the denial of the authenticity of the claim or the amount of a judgment

granted by a final decision of the competent authority may only be

the fact that were not applied by the debtor in the proceedings, which

preceding the date of this decision; the reason for the denial, however, cannot be

other legal assessment of a case.



§ 201



(1) a receivable is established



and did not deny it) if the official receiver or any of the registered

creditors,



(b)) if it did not contest the insolvency administrator and the insolvency court refused to

its denial of the logged-in the lender,



(c) the official receiver or) if the creditor who is logged on, which

He denied taking her denial of the back, or



(d) the decision of the Court) in a dispute about its authenticity, or

the order.



(2) the claim is found to be enforceable, even if

the insolvency administrator did not file a timely complaint about its denial or if

such a claim is rejected or the management ended on her otherwise than

decision on the merits.



(3) the result of a dispute about the authenticity of the claim, or the order of the notes

Court in the custom list of claims; to do so, even without

the proposal.



(4) the decision of the Court about the authenticity of the order, or

receivables are effective against all procedural bodies.



section 202



(1) in a dispute about the authenticity, or the order of the registered claims does not

None of the participants the right to reimbursement of the costs of the proceedings against the above-mentioned

Administrators. Pay the costs granted in this dispute against the debtor,

considered to be applied for under this Act and satisfy the insolvency

management in the same order as the claim, which was led by the dispute.

The costs that this dispute arose insolvency administrators, shall be borne by

the estate; It also belongs to the reimbursement of the costs of proceedings granted

insolvency administrators.



(2) the costs, incurred by the fault of the insolvency administrator or the

by coincidence, that happened to him, he himself and other participants is

shall be obliged to replace them.



(3) a creditor who is logged on, which denied the claim, it shall pass to the

15 days after the end of the review the negotiations on the popřené claim for
the insolvency court security for the costs of the dispute by incidenčního

the amount of 10 000 Czk. If at the time of the review the negotiations on the popřené

the claim has yet decided on how the bankruptcy solution, completes this

the time limit before the expiration of 10 days from the decision about how to resolve the decline.



(4) the Court may save the logged on creditors, who denied

the claim that, in the incidenčním of the dispute passed security to ensure

damages or other injury, which the lender popřené

claims nedůvodným the negation of the claim. It will do so only on a proposal from the

the creditor claims that popřené prove that the emergence of such damage

or other injury obviously threatens. However, if the existing results

insolvency proceedings can be expected, that the denial of the claim will be reasonable,

Court proposal for creditor claims on the composition of this popřené

the security shall be refused. Mutatis mutandis, the provisions of the Code apply

Court rules on security for interim measures.



(5) If a security referred to in paragraphs 3 and 4, or if they can demonstrate

logged on the creditor, that the above-mentioned obligation to lodge a security

According to the law, the Court does not claim that the creditor who is logged on

apply the denial of the claim, refuses.



(6) the obligation to lodge a security in accordance with paragraphs 3 and 4 is not logged on

creditor within the time limit laid down for lodging shall certify that the

sure, without their guilt could not pass and that there is a risk of delay in

as a result of the injury could occur. The lender also has logged on

the obligation to lodge a security which, after time, after his denial has no effect on

detection of popřené claims.



Part 3



Other methods of application of the claims



section 203



(1) unless otherwise provided, the nature of the claims for the material and

they assimilated to receivable shall apply in writing to the person with

the permissions to perform. On the application of such a claim, the creditor

at the same time always inform the insolvency administrator; the elements of this

the memorandum lays down detailed legal prescription.



(2) does not apply if the debtor's employee labor claim

referred to in section 169, paragraph. 1 (a). and the amount of the other), its

the claim for deducted in the amount of resulting from the debtor's accounts or

from the registers kept under special legislation ^ 13).



(3) the person with the privileges to perform will satisfy the claim referred to in paragraph

1 from the estate.



(4) if the person does not satisfy with the permissions to perform accounts receivable by

paragraph 1 in full and on time, the lender may sue their compliance with

action brought against the person with the privileges to perform; It's not about

incidenční dispute. The costs that this dispute arose in insolvency

the administrator shall be paid from the estate, if not implying fault

the insolvency administrator or by accident, that happened to him.



(5) After the decision on the application in accordance with paragraph 4 specifies a time limit to

meet the přisouzené of the claim and its accessories to your

by decision of the Court; at the same time, decide which part of the estate

the substance can be used to meet. It will do so only on a proposal from the

the beneficiary or the person with the privileges to perform setting

the decision against which the appeal is not admissible, delivers, and it separately.



section 203a



(1) in doubt about whether the claim asserted by the creditor pursuant to section

203 is the essence of the claim of the estate or claim of the built

her Department or claim, which is in insolvency proceedings

fails (§ 170), saves the Court even without the proposal creditors,

that applied to it within 30 days for the insolvency court handed on

specify the order applied the claim; on the proposal of the insolvency administrator

make always. The action must always be filed against insolvency administrators.

If there is no action for the determination of the order of the claim as a claim applied

for the material nature or as a receivable shall be assimilated

the claim for the material essence of insolvency within a specified period

the Court or if the application is not granted, the submission will be deemed, by which the creditor

such a claim has applied, for the application of the claim and the satisfaction

claims such as claims for pecuniary nature or receivables

built on a par with her is in insolvency proceedings. In the absence of

Action for the determination of the order of the receivables, which is in insolvency proceedings

fails, within the prescribed period the insolvency court or, if no

the application has been accepted, is the satisfaction of such claims in insolvency proceedings

out of the question.



(2) a claim referred to in paragraph 1 is incidenčním a dispute under section 159

paragraph. 1 (a). and); the provisions of the order the denial of claims

shall apply mutatis mutandis.



section 204



(1) unless otherwise provided, secured creditors, who have the right,

that their claim was met in the course of insolvency proceedings,

its satisfaction against insolvency administrators. If they

insolvency administrator fails to comply, they can seek redress in the case of insolvency

the Court in the context of its Supervisory Board also observed activities; the disputed fact regarding whether the

as for secured creditors and whether and to what extent does it take to secure

claim or collateral, cannot solve.



(2) creditors who claimed that thing, right, claim or

other property value was excluded from the estate, so can

just make an exclusionary action under this Act.



Title VI Of The



Proprietary nature of



section 205



The concept and scope of the estate



(1) if the insolvency debtor filed a proposal belongs to a property

the nature of the assets that the debtor was, at the time, when there

effects associated with the initiation of insolvency proceedings, as well as the assets,

that the debtor has acquired in the course of the insolvency proceedings.



(2) if the proposal he handed the insolvency creditor, belongs to the estate

assets that belonged to the debtor when there effects

the interim measures, which the Court partly or fully restricted

the right of the debtor to dispose of its assets, the assets of which the debtor

He belonged to the moment when the effects of the bankruptcy decision arose from the debtor, and

the assets that the debtor has acquired in the course of insolvency proceedings after

There the effects of these decisions.



(3) if the debtor Is co-owner of the property referred to in paragraphs 1 and 2, shall be

the debtor's share in the estate on this property. Assets under

paragraphs 1 and 2 belong to the estate even if it is in the common

the assets of the debtor and his or her spouse.



(4) the Assets of persons other than the debtor, belongs to the estate,

If it's the law, in particular as regards the implementation of ineffective laws

the acts. For the purposes of the liquidation of such assets as assets

of the debtor.



The contents of the estate



section 206



(1) unless otherwise provided for in this law, the nature of the material pursuant to section

205 consists, in particular,



and) funds



(b) movable and immovable),



(c)),



(d)), the set of things and things in bulk,



(e)), passbook deposit slips and other forms of deposits,



(f)) shares, bills of Exchange, cheques or other securities or any other instruments,

the presentation of which is necessary for the application of the law,



(g)), business share



(h) cash and non-cash) of the debtor's debts, including claims

conditional and claims, which are not yet due,



I) debtor's wage or salary, his remuneration as a member of the cooperative

and revenue, which the debtor shall be replaced by the reward for the work, in particular pension

sickness, maternity, scholarships, refunds half

earnings, the refund granted for the performance of social functions in support

unemployment and retraining, support



j) other rights and other assets to money ocenitelnou

the value of the.



(2) the proprietary nature of the make up and accessories, additions, and

the benefits of the assets referred to in paragraph 1.



Section 207



(1) unless otherwise provided in this Act, to the estate does not belong

assets which could not affect the performance of a decision or execution ^ 28);

things for the business of the debtor, however, excluded from the estate

they are not.



(2) the income of the debtor to the estate belongs to the same extent, in

which of them can be in the enforcement of a decision or execution

meet the preferential claims ^ 29).



(3) If, under the provisions on the enforcement of a decision or execution of the assessment

questions that cannot affect the performance of the assets of a decision or execution,

dependent on the decision of the Court, for the purposes of insolvency proceedings such

the decision of the Court.



section 208



Unless otherwise provided in this Act, does not belong to the estate also

the property, which can be under special legislation deal only

in a way that was intended, in particular, the special-purpose grants and repayable assistance

from the State budget, from the National Fund, the budget of the territorial

self-governing unit or the State Fund, the financial reserve being created

^ According to the specific legislation 30), the assets of the Czech National Bank,

that was on the basis of specific agreements entrusted to the management of another person,

goods placed under a Customs Office for temporary use and property of the State in

the extent provided for in a special law ^ 31).



Survey estate



Section 209



(1) Surveys the estate provides from its provisions
the insolvency administrator or the provisional administrator, although it is not a person with a

the permissions to perform. In doing so, he is obliged to follow instructions

the insolvency court.



(2) until the insolvency administrator or the provisional administrator is not defined,

can the court decide on the measures required to identify

the essence and the method of their implementation.



section 210



(1) the debtor is obliged to provide the insolvency administrator or the

prior to discovery of the estate manager, versatile

synergy, in particular instructions of the insolvency administrator or the preliminary

administrator.



(2) if the debtor is a legal person, the obligations referred to in paragraph 1 have

its statutory bodies and their members or the liquidator, if the

legal person in liquidation. If the position of the statutory body has

more persons empowered to act independently, you can meet these obligations

request from any of them. The said persons have this obligation and in

If their position were lost in the last 3 months ago

the commencement of the insolvency proceedings.



(3) the Court may require the fulfilment of the obligations referred to in paragraphs 1

and 2 also from persons who are shareholders, employees or members of the

legal persons, and to the extent their authority to act for the legal

the person.



(4) if the debtor is a natural person, have the obligations referred to in paragraphs 1 and 2

and her legal representatives; If a natural person has more legal representatives

authorized to act on behalf of the self, the Court

require the fulfilment of these obligations by each of them.



section 211



(1) the starting point for the discovery of the estate's assets, which

the debtor is obliged to submit at the same time with the insolvency, or design

on the basis of the decisions of the insolvency court.



(2) the official receiver or provisional administrator executes the custom investigation

about whether the estate does not include other things, rights, receivables

and property values than those stated in the list of assets of the debtor.

The necessary synergies are required to provide also the creditor institutions.



(3) If a liquidator or provisional administrator to achieve

the full findings of the estate because he has not been provided

the required assistance, it shall notify the insolvency court and proposes him

the adoption of the relevant measures.



§ 212



(1) the borrower shall allow the insolvency administrators access to all

where is located the property belonging to the estate.



(2) if it is necessary, in particular if the debtor does not provide the above-mentioned

the administrators of the assistance needed to establish and ensure the property

the substance of the Court may, on the proposal of the insolvency administrator required

a tour of the apartment, location and other rooms of the debtor, as well as his wardrobe

or other mailboxes that reside in them, where the debtor has assets; for

the purpose of the insolvency administrator is empowered to ordain to the apartment or in the

another room the borrower's access, or closed cabinets or other

the Clipboard open.



(3) a written copy of the decision referred to in paragraph 2 may not include

justification; against this decision is not appealable. The decision of the

service is the only insolvency administrators and the debtor. The insolvency court

insolvency administrators delivers the decision together with the stejnopisem

the decision, which is to be delivered to the debtor. The debtor shall deliver the decision of the

insolvency administrator examination rooms, which the resolution refers.

If you fail to deliver the judgment debtor insolvency administrators decision when

This Act, returns them to the service of the insolvency court.



(4) Each, in which the debtor has an object, your apartment, home or other

the room is obliged to acquiesce to the insolvency administrator that performs

an inventory or is pointing to the proper actions to ensure and manage property

nature, made a tour of the apartment and other rooms of the debtor.

Fail to comply with this obligation, if the official receiver is entitled to grant to

the apartment or other rooms of the debtor approach.



(5) if necessary, pick up the insolvency administrator to explore appropriate

person, by a representative of the authority of the municipality of options. Draw up an inspection

the insolvency administrator of the Protocol, in which assets must be reported, which was

during the search, and found the property, which was in the search warrant.

The Protocol signed by the insolvency administrator, or person to

the tour gained weight. Protocol passes insolvency the insolvency administrator

the Court that shall retain a copy. A copy of the Protocol, the insolvency court delivers

the debtor and the creditor committee.



section 213



The one who has the debtor's assets belonging to the estate,

is obliged to announce insolvency administrators or administrators, prior

as soon as he learns about the release of the decision of the bankruptcy, and indicate the legal grounds on

the basis of this property. On the challenge of the insolvency administrator

or the preliminary administrator must allow this asset and

his awards.



section 214



(1) the Court may, on the proposal of the insolvency administrator or the

the creditor committee to summon the debtor, or a person acting on behalf of the debtor

to the hearing and to invite them to the Declaration of assets. The summons to the Declaration

the property must contain the purpose of questioning and the lessons about the consequences of a refusal

a statement or indication of false, incomplete or grossly

distorting the data. The summons is delivered to your own předvolanému

hands, and at least 10 days before the hearing.



(2) the Defendant is required to appear for the insolvency court personally.

If it fails, without reasonable excuse, timely, and it will be presented; about

It must be the defendant advised.



(3) before you start questioning the insolvent Court lessons according to repeat

of paragraph 1. In the Declaration of assets of the defendant, must indicate which assets

It belongs to the estate.



section 215



(1) in the Declaration of assets of the defendant is always obliged to give



and the payer of the debtor's wages) or else his income slow precipitation

the payroll and the amount of this claim,



b) banks, branches of foreign banks, and savings and credit cooperatives, in

where the debtor has the accounts, the amount of receivables and account numbers,



c) borrowers, for which the debtor has other pecuniary claims, the reason and the amount of

These claims,



(d)) of the person to whom the debtor has other property rights or property

values, their reason and value



e) debtor's movable property or co-ownership share on them, and where,

where appropriate, who are located; the same goes for holding books,

certificates and other forms of deposits, shares, bills of Exchange, cheques

or other documentary securities or other instruments,

the presentation of which is necessary for the application of the law, as well as book-entry

and dematerialized securities of the debtor,



(f)) of the borrower or real estate co-ownership share on them,



(g)) of the debtor and of its parts, and where it is located,



h) other rights and other assets to money ocenitelnou

the value of the.



(2) For the indication of the persons in the Declaration of the property applies to section 103, paragraph. 1

Similarly.



§ 216



(1) on the Declaration of assets of the insolvency court draws up a protocol;

If the defendant shall submit a list of assets, forming the list annexed to the

the Protocol, if the defendant about declaring that contains a complete and

true data, or if it in the log. In the Protocol

further specifying the content of the lessons provided by the insolvency court pursuant to §

214 and the express declaration that permanent in a statement said only

complete and true information about the debtor's assets. The Protocol shall be signed by the judge,

the writer and the defendant. Acts of the insolvency court under this

paragraph may be made only by a judge.



(2) on the hearing of the Declaration of the property shall inform the Court

the insolvency administrator and the creditor committee. The insolvency administrator and the

creditor committee has the right to ask the předvolanému questions. A copy of the Protocol on the

questioning is delivered to the insolvency administrator and the creditor committee.



An inventory of the estate



§ 217



The acquisition of inventory



(1) an inventory of the estate (hereinafter referred to as "inventory") is the Charter, to which the

writes the assets belonging to the estate. As soon as the

registration in the inventory, asset values can be registered to dispose of only

the manner prescribed by this Act; to do so can only the person with the

the permissions to perform. Performs inventory and systematically added

the insolvency administrator in the course of insolvency proceedings, and follow the instructions

the insolvency court and with the concurrence of the creditor committee. This his

the obligation does not terminate the end of the period.



(2) the official receiver discards from an inventory of assets, which

in the course of insolvency proceedings it becomes clear that does not belong to the estate

nature; This applies without losing sight of the fact that at the time of disposal is already a person

that has benefited from the disposal, cannot demand the exclusion of these

assets of the estate. It shall do so in consultation with the

the creditor committee and then abstain insolvency court; This is not a

excluded the possibility of reusing discarded assets into inventory

the estate.



§ 218



The designation of the property in the inventory



(1) the assets belonging to the estate is recorded in an inventory of

separate items. If this is not excluded by its nature, must be
sepisovaný property in the inventory is marked in a way that allows its

identification; This does not apply, with respect to assets of negligible value. If it is here

an obstacle of a temporary nature to prevent the proper identification of sepisovaného

assets, insolvency administrator sign of this property immediately

After its abolition.



(2) the company ^ ^ 32) or other mail thing and things are written files

the only item that must be clear, however, what everything in the company

or things in the day belongs to the file entry in the inventory of the estate.



section 219



The valuation of inventory items



(1) included in the inventory valuation is made by the insolvency administrator,

that is based on the data in the accounts of the debtor or registration

led by special legal regulation of ^ 13), and other available

the information. Awards are not passed to the accounts of the debtor.



(2) if requested by the creditor committee, awards expert for

provided that the creditor committee will ensure that financially.



(3) valuation of assets that are difficult to ocenitelného the insolvency administrator may specify the

experts even without request of the creditor Committee; This shall not apply if it can be reasonably

assume that the cost of asset valuation expert will be higher than

the benefit for the essence of material obtained in this way, his awards.



(4) if it is applied right to the satisfaction of the claims of the

collateral or property to be the essence of the zpeněžena under section 290 or

292, the insolvency administrator will enter the value of the collateral valuation experts and, in

the case referred to in § 292 290, or value of property zpeněžovaného

always; paragraph 3 shall apply mutatis mutandis.



(5) when the awards referred to in paragraphs 1 to 4, the property appreciates the usual

the price. The procedure referred to in paragraphs 1 to 4 shall not apply, if appointed

the expert referred to in § 153 paragraph. 1.



section 220



Reason inventory



In addition to the designation of the sepisovaného asset, his awards and the indication of the day, when

the item was drawn up, must be listed in the inventory always reason

inventory, or the day of and the reason for the exclusion of having assets of the inventory. In

doubt, it is considered that the insolvency administrator of the appropriate item

He wrote it or exclude from inventory on the day when this fact is announced

the insolvency court.



§ 221



A statement of the accuracy of the inventory



If the insolvency administrator, the debtor is obliged to request in writing

to confirm the completeness and accuracy of the inventory. A statement of the accuracy of the inventory

or part of the debtor can refuse in writing, only if at the same time

in writing, stating the reasons for which an inventory or its part is not considered

the correct.



§ 222



The publication of the inventory of



Inventory, and accompanied by an inventory shall be published in the insolvency court

the register immediately after its Assembly or completion.



§ 223



The abandonment of the inventory or awards



In the cases provided for by law on the basis of the decisions of the insolvency

the Court refrain from inventory or from having asset appreciation. After the legal

the power of such a decision, the official receiver shall submit the above-mentioned

the Court, a report on the State of assets belonging to the estate.



section 224



Notification about inventory



(1) the official receiver, who writes on the inventory of things, rights,

receivables and other assets, which do not belong to the debtor or

the inclusion in the estate is disputed, in particular because of the

them a third person asserts rights that it excludes, in the inventory

Noting belongs to sepisovaný assets, or who applies to it

their right. This person shall inform the official receiver in writing for inclusion

assets in the inventory and, on request, issue a certificate about her. Certificate

must always contain and indication of the reason for which the official receiver

He wrote this thing.



(2) the notification referred to in paragraph 1 must include lessons on options

to file a claim and the consequences of the exclusion of the deadline for the submission of

exclusionary actions; the essentials of this notice provides detailed

legal prescription.



(3) if it is registered in the inventory of the property, which according to the cadastre

real estate is not owned by the debtor, it shall inform the insolvency

the administrator of the appropriate land registry office. If the inventory drawn up thing

that according to the register of pledges is not in the possession of the debtor, it shall notify the

about insolvency administrator of the Notarial Chamber of the Czech Republic. Similarly, it

applies to assets referred to in other public or non-public lists,

If by special legislation shall certify the ownership or

other proprietary rights to this property.



(4) if it is registered in the inventory of the cultural heritage, a collection of ^ 33) Museum

the nature or subject of the cultural values, it shall inform the insolvency

the administrator shall immediately, the Ministry of culture.



Exclusions and exemptions from the estate



§ 225



(1) persons who claim that the property not be marked in the inventory

included because it eliminates their right to the property or there is another

the reason for that should not be included in the inventory, an action may be filed

in the case of the insolvency court to claim the decision that this property excludes the

from the estate.



(2) the claim must be filed against insolvency administrators, and within

30 days from the date on which the person referred to in paragraph 1 has been served notice to the

the inventory of the assets to which the law applies. The time limit is maintained,

If the action occurs not later than the last day of the period the insolvency court.



(3) if the action has not been filed in due time, the marked property is to

the inventory has been conceived. The same applies if the insolvency court

dismissed, or if the proceedings on the lawsuit stopped or refused.



(4) since the beginning of the time limit for the action referred to in paragraph 2 until its

the end of the period of proceedings and filed the lawsuit until its final

the end of the insolvency administrator may monetize assets that are the subject of

action, or otherwise dispose of, unless averted by this injury

the assets of the imminent, or if the action is

with the consent of the applicant. The provisions of section 217 is not affected.



(5) Before the end of the final claim for monetization or can be

another waste of assets referred to in paragraph 4, if so

reasons worthy of special attention in the designated court of opinion

the decision, which dismissed, it stopped or refused. From

the proceeds of liquidation or the other assets of the management of such may be

the creditors satisfied until after the final termination of the proceedings on the application.



(6) if the zpeněžena thing, which should not be included in the inventory, the

the owner of the right to release the proceeds of liquidation; his right to compensation

This does not affect.



§ 226



(1) the debtor may apply exemption of property of the estate only

then, if the thing right, claim, or other assets

that does not belong to the estate under section 207 and 208; It will do so against the

insolvency administrators without undue delay after learned or

with proper diligence should learn that an inclusion of such things,

the rights, claims or other assets in the inventory.



(2) in the proposal referred to in paragraph 1, the debtor shall, in addition to the General requirements

submission of ^ 20) mark thing, right, claim, or other assets

the value of the exemption of the inventory asks, and indicate the fact of

which indicates that this property should not be drawn up. If the proposal is incomplete

or defective and could not be when it for these shortcomings, discuss and decide on the

It prompts the insolvency administrator of the debtor to be corrected or added.

To correct or supplement the proposal specifies a reasonable period and shall instruct the debtor,

as it is necessary to perform the correction or completion. It also will learn that the proposal

that is not properly repaired or call completion, the insolvency court

refuses.



(3) if the insolvency administrator to remove defects and incompleteness

the debtor's proposal or if it considers that the proposal is delayed, shall submit to the

the official receiver design with news of the insolvency court.

If it is considered necessary, the Court may, by a resolution of the challenge to the

the removal of the defects repeat the proposal or issue a new challenge.



(4) unless the cases referred to in paragraph 3, the official receiver shall invite the

creditor committee to draft, within a specified period. If the

After expiry of this period concluded that the proposal cannot be accepted, it shall submit to the

with a possible expression of the creditor committee and the report on the reasons for the

that property did not rule out insolvency court; the debtor has the right to

these reasons.



(5) the proposal referred to in paragraph 1 shall be decided by the insolvency court within its

Supervisory Board also observed activities. The decision against which the appeal is admissible, the

served to the debtor, the insolvency administrator and the creditor committee. At the time of

Since the submission of the proposal for a decision on it, not the official receiver

monetize the assets to which the application relates; § 225, paragraph. 4 and 5 shall apply mutatis mutandis.



§ 227



The official receiver may from the estate at any time during the

insolvency proceedings cut things, rights, claims or other

property values, which cannot be used to satisfy the creditors, in particular

not for sale things and bad debts or assets to which the

by the decision of the collateral issued in criminal proceedings and to whose

monetization has not been granted the consent of the competent authority participating in criminal

the proceedings. It will do so with the prior consent of the creditor committee and the
the insolvency court.



The essence of the management of assets and its management



section 228



The essence of management of material means, in particular,



and) legal acts relating to property belonging to the estate

the nature,



(b)) the performance of the rights and obligations of the shareholders in respect of shares included in the

the estate, including the right to vote at the general meeting of the joint stock

the company,



(c)) the performance of the rights and obligations of the company's other business partner

associated with the business of the debtor's share of the estate,

including the right to vote at general meetings of the company ^ ^ 34),



(d) the Member) the performance of the rights and obligations of a member of the cooperative,



e) deciding on production, traffic and trade-related matters

in essence, the company's assets including credit financing and other

the operations required to ensure the financing of the undertaking,



(f)) the rights and obligations of the employer in respect of the employees of the debtor,



(g)) the performance of industrial rights,



h) deciding on the commercial secret and other obligations of confidentiality



I) fulfilment of obligations under the rules of the taxes, fees and tariffs, as well as

and according to the regulations on social security and public health

insurance,



j) accounting,



fulfilment of the obligation to),



l) the performance of other rights and obligations apply property

nature.



§ 229



(1) the law lays down, depending on the course of the proceedings, the ways of solution

bankruptcy and ownership of property belonging to the estate, who is

in relation to the equity essentially perform a person with permissions

Alternatively, to whom belongs the right to dispose of the assets of the essence regarding

part of these permissions or only on some of them.



(2) if the assets belonging to the estate owned by other

persons than the debtor, can this person with a right to dispose

limited by law or by decision of the Court.



(3) unless otherwise provided in this Act, in relation to the property substantially

the person with the privileges to perform



and the debtor at the time of the) decision about bankruptcy,



(b)) the debtor at the time of the bankruptcy decision pending a decision on how to deal

bankruptcy



(c) the insolvency administrator) at the time of the bankruptcy,



(d)) the debtor at the time of authorization and reorganization



(e)) the debtor at the time of authorisation of debt relief.



(4) the provisions of paragraph 3 are without prejudice to the limitations imposed by the debtor with the

perform the permissions of the insolvency law or by decision of the

the insolvency court during the insolvency proceedings. If the disposition

permission to a person other than the debtor, are without prejudice to the obligations imposed by

the debtor this law.



(5) from the decision of the bankruptcy and insolvency debtor is the plaintiff,

from the moment when it became, on the obligations of the debtor applies with

the permissions to perform the provisions of section 36 and 37 apply mutatis mutandis.



Section 230



(1) the administration of the estate means in particular activities, as well as

legal acts and measures resulting from it, if it is going to



and avoid spoilage) of assets, in particular to avoid

for deletion, destruction, damage to or theft of assets, the

It belongs,



(b)) the assets belonging to the estate was used in accordance with the

as intended, unless other circumstances,



(c) the nature of the property) multiplied, if such activity reasonably

expect in view of the condition of the estate and the usual business

opportunities,



d) recovered from the debtor of the receivable, including the performance of expired and

ineffective legal acts.



(2) if the administrative things, rights, claims or other equity

the value that is used to secure the debt, the person is to perform with

bound by the instructions of the privileges secured creditor pointing to the proper

the Administration; If secured creditors more, gives these instructions catered

a creditor whose claim is satisfying from first in the assurance

the order. If the secured creditor does not grant the relevant instructions or in the

the time limit specified by the insolvency court, has the right to grant the secured creditor,

whose claim to satisfy provision as the next in the sequence; otherwise,

instructions shall be granted within the framework of the activities of the Court, the Supervisory Board also observed that

at the same time decides about the costs associated with the implementation of his order. The person

with permission can refuse to perform instructions of a secured creditor,

If it's not to good governance; in this case, the request

Court of their review in the framework of the activities of the Supervisory Board also observed.



(3) the costs associated with the implementation of his order referred to in paragraph 2 shall be borne by

the secured creditor from his.



(4) unless the guidelines of a secured creditor under paragraph 2 is connected

the written consent of the other secured creditors, whose claims are

satisfies the same provision, the person with the privileges to perform

shall promptly inform the Court. Court in this

the case of the orders within 30 days, in which decides whether the instructions

a secured creditor. At the hearing, you can discuss only the objections

against the instructions of the secured creditor, that the other secured creditors

apply in writing to the Court not later than 7 days from the date of

the publication of these guidelines in the insolvency register; for later examination

the objections shall be disregarded. To the conduct of the insolvency court summons

the insolvency administrator and the debtor and the secured creditor, which provide

the lesson of the objections referred to in the third sentence.



(5) in accordance with paragraph 4 of the Decision against which the appeal is not admissible,

is delivered separately, the debtor and the insolvency administrators secured

creditors, to which it relates.



Title VII



The nullity and voidability of legal acts



Part 1



Invalidity of legal acts



§ 231



(1) the Court is not bound by the decision of another court or other

the authority, which in the course of insolvency proceedings was to determine

the invalidity of the Act relating to the assets or liabilities of the debtor,

or otherwise of this finding.



(2) in the course of insolvency proceedings will examine the nullity of such legal

the Act only the insolvency court.



(3) if the invalidity of the Act must be to the one who is in such a

Act, the invalidity of his claim, it may do so even

the insolvency administrator.



section 232



If the invalidity of the Act relating to assets or liabilities

the borrower's established by a court decision which has acquired the authority before

the commencement of the insolvency proceedings, the legal act which is

decision invalid and in insolvency proceedings.



section 233



(1) if the final decision of the nullity of the Act established the legal

concerning assets or liabilities of the debtor, must be issued securities

the benefit obtained by the discharge from an invalid legal act. Insolvency

However, the administrator may refuse, if not to the enrichment of property

nature or if it is requested more than makes this enrichment.



(2) the refusal of the insolvency administrator to issue the property benefits obtained

implementation of an invalid legal act or have not dealt with an application for its

the issue within a reasonable time, you can claim the exclusion of his edition of the action

According to this law, which must be submitted no later than 30 days from the

the date on which the official receiver to the person for the issue of securities

the benefit of calls, deliver a written notification of a denial of her request;

the right to compensation for damages shall remain unaffected.



(3) the validity of contracts, which occurred for monetization transactions covered

invalid legal act, can be challenged only in an action brought by the insolvency

the Court no later than the end of the insolvency proceedings; regards incidenční

the dispute.



section 234



If the detected the nullity of the legal act relating to property or

the obligations of the debtor, which can also be regarded as ineffective, the

According to section 233.



Part 2



The ineffectiveness of legal acts



section 235



(1) Ineffective are legal acts which the debtor reduces the possibility

satisfaction of the creditors or favors some lenders at the expense of the other. For

a legal act is considered also the debtor's omission.



(2) the ineffectiveness of the debtor's acts, including those that

the law refers to as ineffective and which the debtor has made after what occurred

effects associated with the initiation of insolvency proceedings, is based

by decision of the Court on the application of the insolvency administrator, you

dlužníkovým was opposed to legal formalities (hereinafter referred to as "the object of the action"),

unless otherwise specified.



section 236



(1) the ineffectiveness of the Act does not affect its validity; in

However, the debtor's insolvency proceedings, the implementation of ineffective legal acts

It belongs to the estate.



(2) if it is not possible to go to the estate of the original borrower performance

from the ineffective rule of the Act, shall be granted an equivalent replacement.



section 237



(1) the obligation to go to the estate of the borrower

ineffective legal acts to the person in whose favour it was ineffective

legal action made or which benefit from it.



(2) the heirs or legal successors of persons referred to in paragraph 1, that

passed on the borrower of the ineffective legal acts, have an obligation to

release them into the estate,
and if at the time), when the performance gained, to be known

the circumstances that justify the right to invoke the ineffectiveness against persons

referred to in paragraph 1, or



(b)) in the case of the persons that make up the concern with the debtor, or a person

the debtor.



(3) a person, issued by the borrower of the ineffective rule of the Act

to the estate, may, after the termination of the insolvency proceedings

seek his return, just not used to the satisfaction of the creditors or

If it has not been treated by another law permitted.



(4) if the performance of the ineffective legal act mutual, is

the insolvency administrator of the eligible persons without undue delay after the

These persons issued by the borrower to the performance of such an act to the equity

nature. If the performance is not provided by the judgment debtor in such persons ownership

essentially recognizable or not, shall be deemed to claim,

which of these persons by providing the performance of the debtor was established, advertisement

the claim and will satisfy as well as these claims.



§ 238



Against the claim on the issue of the debtor from the ineffective rule of

the Act is not admissible into the estate.



§ 239



(1) the legal capacity of the debtor may Oppose in insolvency proceedings only

the official receiver, even though it is not a person with the privileges to perform, and

It's the object of an action brought against the persons who are obliged to issue the

the borrower of the ineffective legal acts into the estate.

If, at the time of commencement of insolvency proceedings on the same matter in progress

management on the basis of the object of the action of another person, cannot be in it until the end of the

insolvency proceedings continue.



(2) if the decision about the creditor committee, shall submit an insolvency administrator

the object of the action always. If they are not in the nature of property funds

needed to cover the costs of avoidance actions and leadership

incidenčního of the dispute, the official receiver may, subject to the submission of the object

action, or other management incidenčního the dispute to his creditors

reviews are written by the payment of these costs reasonable advance. End if

incidenční dispute the success of the insolvency administrator, creditors who

backup, require its replacement as a claim for the material

the essence of.



(3) the official receiver may bring the action within the time limit the object of 1 year from the date of

the day when the effects of the bankruptcy decision occurred. In the absence of it within this period,

the object of the claim.



(4) the borrower of the ineffective legal acts belong to the equity

the essence of the legal power of the decision, which was the object of the application.

This does not prejudice the right of the insolvency administrator in the case of a

cash transactions or that has to go for financial compensation for granted

performance, require the determination of the object of action, next to the ineffectiveness of the debtor's

Act and this Act or financial compensation for the performance.

Debarment action is not admissible.



§ 240



The ineffectiveness of legal acts without reasonable consideration



(1) the legal act without reasonable consideration means the legal act,

which the debtor undertook to provide the performance free of charge or for

consideration, whose usual price is significantly lower than the usual price

the performance, which is committed to the debtor.



(2) the legal act without reasonable consideration means the only legal

the Act, which the debtor has made, at the time when it was in bankruptcy, or legal action,

that led to the borrower's bankruptcy. It is considered that the legal act without

adequate consideration is made in favour of the debtor, or in person

persons, which are with the debtor concern ^ 21) is an act which the debtor

made at a time when it was in bankruptcy.



(3) a legal act without reasonable consideration you can oppose, if the

made in the last 3 years prior to the commencement of insolvency proceedings in

benefit of a person to the debtor or the person in that form with the debtor

concern, or in the time of 1 year before the commencement of insolvency proceedings in

the benefit of any other person.



(4) the legal act without reasonable consideration is not



and the implementation of the imposed by law),



(b)) within a reasonable amount of casual gift,



(c) the provision of implementation which) was granted, considerations of decency, or



(d)), of which the legal act the debtor with regard to all the circumstances, reasonably

assumed that it will have an adequate benefit, and under the

provided, that the action taken was not in favour of the person to the debtor

or in person, which are with the debtor, and that the person in whose

the benefit was discouraged, even with proper diligence could not know,

that the debtor is insolvent, or that this action could lead to bankruptcy

of the debtor.



section 241



Inefficiencies in favour of legal acts



(1) Zvýhodňujícím legal action means a legal act in which the

as a result, a creditor gets at the expense of other creditors

higher satisfaction than would otherwise belonged to him in bankruptcy.



(2) Zvýhodňujícím legal action means only a legal act, which

the debtor has made, at the time when it was in bankruptcy, or a legal act, which led to the

the borrower's bankruptcy. It is considered that the legal action taken in favour

benefit of a person to the debtor or the person in that form with the debtor

concern ^ 21) is an act which the debtor has made, at the time when it was in bankruptcy.



(3) Zvýhodňujícími legal acts, in particular acts which are the debtor



and) meets the debt before they became payable,



(b)) change or replace the commitment agreed in its detriment,



(c) the debtor has pardoned his compliance with) the debt or otherwise agreed or

allow the demise of its rights, or failure to comply with



(d)) has provided your property to ensure that an existing obligation, unless the

as for the creation of collateral as a result of changes to the internal contents of the pledged thing

bulk.



(4) Zvýhodňujícímu legal you can oppose, if made in

the last 3 years before the opening of insolvency proceedings in favour of the

the person to the debtor or the person in that form with the debtor,

or at the time of one year before the opening of insolvency proceedings in favour of the

the other person.



(5) Zvýhodňujícím the legal act is not



and the establishment of liability of the debtor), and if they are received by the borrower

at the same time adequate consideration,



(b) legal action taken under) the conditions customary in the trade, on

the basis of which the debtor has received adequate consideration or other

an adequate property benefits, provided that it was not about the Act

made in favour of the person to the debtor or the person in that form with the

the debtor, and that the person in whose favour it was discouraged,

couldn't even with proper care to know, that the debtor is insolvent,

or that this action could lead to the bankruptcy of the debtor,



(c)), that the legal act, the debtor has made for the duration of the moratorium or after

the opening of insolvency proceedings under the conditions laid down in this law.



§ 242



The ineffectiveness of intentionally grow legal acts



(1) you can also oppose the rule of the Act, of which the debtor has intentionally shortened the

satisfaction of the creditor, if this was the intention of the other side of the known or her

regard to all the circumstances had to be known.



(2) it shall be deemed that the intentionally zkracujícího Act made in

benefit of a person to the debtor or the person in that form with the debtor

concern ^ 21), the debtor's intention was to this person I know.



(3) Intentionally zkracujícímu the legal act can resist, if made in

the last 5 years prior to the commencement of the insolvency proceedings.



§ 243



If the debtor's creditor attained on the basis of their avoidance action ^ 4)

the decision about the ineffectiveness of the legal act, which has acquired the authority before

the legal power of the bankruptcy decision, may sue to him to the above

his claim was issued in respect of this ineffective legal act;

This implementation does not need to pass to the estate.



PART THE SECOND



WAYS TO ADDRESS THE DECLINE OF THE



Title I Of The



Audition



Part 1



Bankruptcy and its effects



§ 244



Bankruptcy is a way to address the decline of that, on the basis of the

the decision on the Declaration of bankruptcy are claims of creditors

fundamentally quite satisfied from the proceeds of liquidation of the estate with

the unsatisfied claims or their parts do not disappear, if the law

provides otherwise.



§ 245



(1) the effects of bankruptcy occurs at the moment of publication of the

the decision on the Declaration of bankruptcy in the insolvency register.



(2) the Declaration of bankruptcy, for the purpose of the liquidation of a legal person, the ends

the receivership, and if the Court decides otherwise,

the interim measure was ordered.



(3) the Declaration of bankruptcy has no effect on the borrower's capacity to act

capacity or on its procedural competence.



(4) the Court may, after the Declaration of bankruptcy and no design change

its interim measures.



section 246



(1) a declaration of bankruptcy, the passes to the insolvency administrator permissions

to dispose of the assets, as well as the exercise of rights and performance of

obligations, which is the responsibility of the debtor, if related to the material

the essence of. The official receiver shall exercise the shareholder's rights in particular,

attaching to shares included in the estate, shall decide on the
confidentiality, trade secret and other acts against the dlužníkovým

as an employer, employees ensures operation of the debtor's business,

accounting management and fulfilment of tax obligations.



(2) the legal acts referred to in paragraph 1, that the debtor has made after

the essence of permission to dispose of the assets to the insolvency

the administrator, are ineffective against his creditors by the law; section 235, paragraph. 2

does not apply.



(3) if the debtor was loading with material nature on the day when the decision

about the decline of effective, it is in doubt that it did so

After permission to dispose of the material essence of passed on

the insolvency administrator, if this law provides otherwise.



(4) the legal act whereby the debtor after bankruptcy refuses acceptance of the

the gift or inheritance without the consent of the insolvency administrator is invalid.

The same applies if the borrower shall conclude without the consent of the insolvency administrator

the agreement on the settlement of the succession, according to receive less from the heritage,

than makes his share of the inheritance.



§ 247



If the debtor is a participant in a payment system with the finality of

clearing, foreign payment system with the finality of

clearing, settlement system with the finality of settlement or

the foreign settlement system with the finality of settlement,

shall inform the Court of bankruptcy simultaneously with the publication of

resolution in the insolvency register of the Czech National Bank.



Section 248



(1) the debtor after bankruptcy creditors may exercise their rights

only in the manner and under the conditions provided for in this law; This is true even for those

creditors who become participants in the insolvency proceedings.



(2) unless the collateral provided under section 41 or the right of creditors to

pursuant to section 167, paragraph. 2, they become ineffective the right to the satisfaction of the

ensure that relate to the estate and that the debtor

lenders get after effects associated with the start occurred

insolvency proceedings; This is also true for the establishment of a judicial Lien

the rights on real estate or the bailiff a lien on

real estate. If the assets used to provide at this time also

of them, belong to the estate proceeds obtained from the sale and

the purchaser is obliged to take it into her challenge of the insolvency

administrator.



(3) the easements to the nature of the material, which was established for the

arm conditions after the effects have occurred related to the

the commencement of the insolvency proceedings, Declaration of bankruptcy, becoming in

insolvency proceedings whatsoever.



section 249



(1) unless otherwise provided by law, the person entitled to submit

action or another proposal for the recovery of the claim of the debtor including its

ensure that the estate is concerned, after the Declaration of bankruptcy

only the insolvency administrator; the proposal made by another person, the Court shall reject.



(2) If a person who has an obligation to the obligor, fulfils this

After the bankruptcy of a debtor undertaking, and the performance to

the estate, is exempted from its obligations, unless he proves

that bankruptcy could not know or that the circumstances

the performance of the debt it was clear that the debtor the performance issues to the estate.



section 250



Trade receivables against the debtor is considered to be a declaration of bankruptcy

payable, unless the law otherwise.



§ 251



cancelled



section 252



(1) a declaration of bankruptcy, shall cease all unilateral legal acts

of the debtor relating to the estate, in particular his commands,

credentials and full powers including prokury, unless otherwise stated.



(2) the person to whom the debtor has granted command of credentials or full powers must in

If there is a risk of delay in procurement, continue its

matters, which these acts concern, up until the

their procurement takes the official receiver. Reimbursement of necessary expenses

This person, and adequate remuneration for this action is a claim for

the essence of the material.



(3) the Declaration of bankruptcy is not in itself a reason for the demise of the credentials and

full powers are granted to the borrower for the insolvency proceedings. Receivables

authorized person or agent arising because of this, after the Declaration of the

bankruptcy cannot be satisfied from the estate, unless the claims

labor.



(4) a declaration of bankruptcy, as they relate to the estate,

pending the debtor's proposals on conclusion of the contract and the borrower

adoption of proposals, contracts, if the Treaty has already suffered.

Draft contracts that the debtor at the time of the bankruptcy, has not yet taken

can only accept the insolvency administrator.



section 253



Agreement on the mutual fulfilment of the



(1) if the agreement on the mutual fulfilment of the contract, including the Treaty on the

the future at the time of bankruptcy or even fully satisfied by the debtor

or the other party to the contract, the insolvency administrator may contract to meet the

instead of the debtor and to request the fulfilment of the contract or from the other participant may

refuse performance.



(2) if the official receiver, within 30 days from the Declaration of bankruptcy

fails so that the Treaty will meet, rejected the performance; in the meantime,

the other party cannot withdraw from the contract, unless it is stated otherwise in it.



(3) if the other party to the contract shall be required to perform the contract as the first,

its implementation may deny until when will be granted or

secure the fulfilment of mutual; This does not apply if the contract concluded

the other party after the publication of the bankruptcy decision.



(4) if the liquidator refuses performance, the other party to the contract may

apply the compensation for the damage caused by the application of the claim, and it

not later than 30 days from the date of rejection of the execution. The claim of the second

a participant from the continuation of the contract after the Declaration of bankruptcy are

claims for the material.



(5) the other party to a contract cannot sue returning the partial fulfilment,

which occurred before the bankruptcy decision, therefore, that for the implementation of the

received from the borrower for the mutual benefits.



§ 254



Fixed contract



(1) if it has been agreed that the subject of performance that has market price will be

delivered in exactly the specified time or in a fixed period of time, and if the time

performance or if this period only after the Declaration of bankruptcy, cannot be

to require performance of any obligation, but only for damages caused by

the borrower has not met the commitment.



(2) the damage referred to in paragraph 1 means the difference between the agreed price and the

the market price, which shall be paid to the effective date of bankruptcy in

the location specified by the Treaty as the place of performance. The other party to the contract may

claim compensation as a lender application claims, and it

not later than 30 days after the Declaration of bankruptcy.



Section 255



The loan



If a borrower has entered into a contract of loan, the insolvency administrator

shall be entitled to request the return of the bankruptcy case and before the end of

set the period of the lease.



Lease and sublease contract



section 256



(1) the official receiver is entitled to terminate after the Declaration of bankruptcy

lease or sublease contract concluded by the debtor within the time limit

provided by law or contract, and even if that was agreed on

for a specified period; However, the period of notice shall be not more than 3 months.

The provisions of the civil code about in which cases and under what

conditions can the landlord to terminate the lease of the apartment, without prejudice to the.



(2) if the notice of lease agreement concluded for a specified period, in

where the debtor is the lessor, the lessee was unreasonably prejudice in their

legitimate interests or suffered or may suffer considerable damage,

the tenant may, within 15 days from the delivery of the testimony to suggest the insolvency

the Court of the cancellation notice. When will ensure that the tenant buys

the subject of the lease when the liquidation of the estate for the price of a normal,

the insolvency court such a design.



(3) the right to rent or other payment for the period before the Declaration

bankruptcy can the other party to the contract may apply only to the application

the claim. The same applies in the case of rent or other remuneration paid

in advance; This claim is necessary to log on as a claim conditional

tied to the fulfilment of the conditions of the swap.



§ 257



Lease or sublease contract debtor as a tenant

or subtenant, the other party to the contract cannot, after the bankruptcy decision

to denounce or withdraw from it for the delay of the debtor to pay

rent or other payment to which occurred prior to the decision of the bankruptcy,

or for deterioration of the assets of the debtor.



§ 258



If, at the time of bankruptcy still passed to the subject of the lease,

sublease or loan, can the official receiver and the other party

the Treaty, withdraw from the contract; If so, the official receiver may

the other party to the Treaty, claim compensation for damage caused by premature

the termination of the contract and the application of the claim, no later than 30 days from the

the date of withdrawal from the Treaty. Each Contracting Party is obliged to another

participant of the contract within 10 days after being invited to disclose whether the

withdraws from the contract; If they do not, the right to withdraw from the contract

According to this provision, it ceases to exist.



section 259



The leasing contract
The provisions of section 256 to 258 applies mutatis mutandis to leasing contracts and

the contract of lease.



section 260



Reservation of ownership



(1) if the debtor prior to the Declaration of bankruptcy, the thing sold, subject to the

it handed over the ownership and the buyer, buyer may return the thing or take

on the contract.



(2) if the debtor prior to the Declaration of bankruptcy, bought and took over the matter with

subject to ownership, without it has acquired ownership, cannot

the seller shall apply the return of things, if the insolvency administrator, meets the

the obligations under the Treaty without undue delay after the

the seller asked.



§ 261



(1) a declaration of bankruptcy, the debtor's operation venture does not end,

subject to specific legislation otherwise ^ 35).



(2) the operation of the debtor's business end



and the sale of a business once the Treaty) in the context of the liquidation of the estate

the nature,



(b) the decision of the Court) issued on the proposal of the insolvency

the administrator of the creditor Committee was already elected, or

appointed; the decision is delivered to the insolvency administrator, the debtor and the

the creditor committee and published by Decree; an appeal against it is not

permissible.



§ 262



Special legislation provides for more the effects of bankruptcy in

connection with the subject of their editing ^ 36).



Part 2



The effects of bankruptcy on the ongoing management



§ 263



(1) unless otherwise provided in this Act, the Court and breaks

arbitration relating to the estate or to be

satisfied from the estate, which is the borrower,

a declaration of bankruptcy. In these proceedings can continue only under the conditions

provided for in this law; the ability to follow the provisions of section 141a

This does not affect.



(2) where proceedings referred to in paragraph 1, broken, events, meetings and

running time limits. If the control continues, the time limits shall

run it again.



(3) the stay of proceedings acts on parties who in the management

on the same side as borrower, only with respect to the inseparable

the community 37 ^ ^) or the intervention ^ 38).



(4) when the Court, arbitrator or to the Permanent Court of arbitration

discussion and decision things learns about the interruption of the proceedings referred to in paragraph 1,

It shall inform the parties to proceedings; at the same time learning the conditions under which

can be used in the proceedings continue. The decision has already been issued at the time when the proceedings

broken, nedoručují; If it has been stopped after the delivery of the decision,

But even before the decision has acquired the authority, shall

the decision of legal power. If the control continues, the decision to

delivers again.



§ 264



(1) in the aborted proceedings, in which, at the time of the bankruptcy

the debtor has performed as the plaintiff or other claimant, as well as in the

other proceedings in which to apply their claims or other rights

on the estate, you can continue on the proposal of the insolvency

the administrator; the date, when the Court, arbitrator, or the Permanent Court of arbitration,

which proceedings are conducted, out of its proposal on the continuation of proceedings,

the official receiver becomes a party to the proceedings instead of the debtor.



(2) If the official receiver within the time specified by the Court to him, the arbitrator

or the Permanent Arbitration Court, in which the proceedings are conducted, did not file a proposal

on the continuation in the proceedings, can a proposal for the continuation of the proceedings may submit

the debtor or other interested parties with the understanding that the debtor remains

a participant in the proceedings.



section 265



(1) in the aborted proceedings, in which, at the time of the bankruptcy

lenders to apply against the debtor of the receivable or other rights that

relate to the estate or to be met out of the assets

the essence, you can continue on to the design of these creditors or the insolvency

the administrator, in the case of disputes about the extent of the estate, with the exception of disputes

the exclusion of property from her, or in the case of proceedings relating to the right to

the satisfaction of securing and control of claims for the material

nature or relating to claims built equivalent. The date when the

the Court, the arbitrators or the Permanent Court of arbitration, which is the management of

conducted, a proposal for the continuation of the proceedings, the insolvency administrator

becoming a party to the proceedings instead of the debtor.



(2) in proceedings for claims and other rights relating to property

nature, which are to be applied in the insolvency proceedings, the application,

or in insolvency proceedings is regarded as a logged-in, you can

After the Declaration of bankruptcy, decided to continue it on the proposal of the person,

that such claims claims, or on a proposal from the insolvency administrator

the insolvency court; Similarly, it is true, if the control broken

Declaration of bankruptcy under section 263, which does not concern the modification contained in §

264 and paragraph 1. Against a decision on this proposal is not an appeal

permissible. The decision is delivered to the debtor, the insolvency administrator and the

the applicant.



(3) the decision on the continuation of the proceedings referred to in paragraph 2, the insolvency

the Court issued only where resume proceedings lead to the clarification of disputed

the issues raised by insolvency proceedings or to their debtors '

disputes in a way that does not burden the pecuniary nature. This decision

the official receiver becomes a party to the proceedings instead of the debtor; in the management of

You can, however, continue to review the negotiations.



§ 266



(1) the Declaration of bankruptcy of a judicial and arbitration proceedings do not interrupt



and) the criminal proceedings,



b) inheritance proceedings and inheritance,



(c) the procedure for the settlement of the joint) assets of the debtor and his or her spouse,



(d) management of maintenance) of minor children without the considerations as to whether it

the debtor acts as the person entitled or as a taxable person,



e) protection proceedings in matters relating to the protection of the personality and the name and the good

the reputation of a legal person; This shall not apply where the debtor is a contractor or

If the required cash transactions



(f)) in cases concerning the public registers in accordance with specific legal

the regulation,



g) control in matters of capital market



(h) proceedings for the enforcement of the decision), or execution,



I) management, in which the debtor is the sole party.



(2) unless otherwise provided, a participant in the proceedings referred to in

paragraph 1 shall continue to be the debtor.



(3) if the proceedings in the matters of the capital market, or about the proceedings, in

where the debtor is the sole party, the Court may, on a proposal from the

the authority, which is leading, or even without the proposal after an assessment of the nature of the subject

management and its influence on the further course of the insolvency proceedings decide, that

the official receiver becomes a party to the proceedings instead of the debtor. Against the

This decision, which is delivered separately to the debtor, the insolvency

Administrators and the body that control leads, is not appealable.



(4) the Adjustment referred to in paragraphs 1 to 3 shall be without prejudice to the provisions of section 140a to §

140e.



section 267



(1) unless provided otherwise below, the proposal on the regulation of the enforcement

or the enforcement proposal continues to be served against the debtor; against the

insolvency administrators cannot be made, or to be made by the borrower.

The provisions of § 140e shall remain unaffected.



(2) in the case of proceedings for the enforcement of a decision or execution, where he performs

the debtor as legitimate, it becomes a declaration of bankruptcy, insolvency

authorized Manager instead of the debtor.



Part 3



The effects of bankruptcy on the common property of the spouses



section 268



(1) a declaration of bankruptcy, the debtor and the joint property shall cease his spouse;

If the formation of the joint property of the debtor and his or her spouse is reserved to the day

the dissolution of marriage, Declaration of bankruptcy has the same financial effects

as the demise of the marriage.



(2) the Declaration shall be made after the bankruptcy settlement of common property

the spouses, which



and) died under paragraph 1,



(b)) into bankruptcy, but not disappeared, or were



(c)) was narrower Treaty or decision of the Court and to the Declaration of bankruptcy

were not.



(3) in the cases referred to in paragraph 2 (a). (b)), and (c)), Declaration

bankruptcy puts the time limit provided for under special legislation to

the settlement of the joint property of spouses, if the finish no later than

6 months from the Declaration of bankruptcy.



section 269



(1) the agreement between the spouses that were concluded after the administration of the insolvency

the proposal by the debtor, and if the insolvency creditor proposal after

effects associated with the commencement occurred insolvency proceedings, become

a declaration of bankruptcy, invalid, if the



and a narrowing of the scope of the Treaty) of spouses,



(b)) extension of the scope of common property of the spouses, if the

their basis became part of the marital property in the

only the debtor, belonging to the period



(c)) extension of the scope of common property of the spouses, if the

their basis to become part of the obligations of spouses

belonging to that time only the debtor's husband,



(d)), the agreement on the settlement of the joint property of spouses, including court

approved the settlement.



(2) If, at the time from the moment when there is associated with effects

the commencement of the insolvency proceedings, the bankruptcy has already expired
the deadline for the settlement of the joint property of the spouses, without an agreement

on the settlement of the joint property of spouses, the effects of associated by

special legal regulation with the expiry of the deadline for the settlement of the joint

property of spouses only after 6 months from the Declaration of bankruptcy, in the meantime you can

conclude a new agreement on the settlement of the joint property of the spouses or the

proposal for a decision of the Court on its settlement; rights acquired by third parties in the

good faith, however, are not affected.



(3) If, as a result of the nullity of contracts between the spouses referred to in paragraph 1

changes the rights registered in the land registry, it shall

the official receiver to the appropriate cadastral work proposal on

deposit receipt, containing information about what changed

rights has occurred.



section 270



(1) a declaration of bankruptcy, the passes to the insolvency administrator permissions

conclude an agreement on the settlement of the joint property of the spouses or to suggest

the settlement with the Court. The agreement on the settlement of the joint property of spouses

closed by the debtor after bankruptcy are invalid.



(2) the portion of the common property of the spouses, the debtor used with the consent of

husband to conduct business, falls in the settlement of spouses always

to the estate.



§ 271



(1) the agreement on the settlement of the joint property of spouses closed insolvency

the administrator is effective as soon as the court approves it.



(2) the court agreement on the settlement of the joint property of spouses

does not approve, if it is in conflict with the law or if it

creditor Committee disagrees.



(3) the Insolvency Court approved the agreement on the settlement of common property

the spouses have the effects of a final judgment. For annulment of the decision of the

approval of the agreement shall apply mutatis mutandis the provisions of the code of civil procedure of the

the cancellation of the resolution on approval of the settlement.



section 272



(1) the decision on whether to approve the agreement on the settlement of the joint

property of spouses, the Court delivers to the participants of the agreement and

the creditor committee, separately.



(2) against a decision of approval of the agreement on the settlement of common property

the spouse is not appealable. Against the decision, which the insolvency

the Court does not approve this agreement, it may appeal only to the participants in the agreement.



§ 273



(1) where proceedings for the settlement of the joint property of spouses,

the insolvency administrator of the bankruptcy Declaration of place management

of the debtor. Lasting effects of the bankruptcy decision, this procedure cannot be

end judicial settlement.



(2) If an appeal against the decision, which the Court

approve the agreement on the settlement of the joint property of spouses, the court proceedings on the

the settlement of the joint property of spouses is interrupted until the decision of the Board of appeal

of the Court.



§ 274



If you cannot make the settlement of the joint property of spouses, therefore, that the commitments

of the debtor, that it can be met, are greater than the assets,

that belongs to the common property of the spouses, includes the entire property

belonging to the joint property of the spouses to the estate.



section 275



The claim of the husband of the debtor arising after the Declaration of bankruptcy settlement

joint property of the spouses shall be deemed submitted the claim and

will satisfy as well as these claims.



section 276



(1) for the duration of the effects of the bankruptcy cannot rise to a new

the common property of the spouses; If the debtor has a new marriage, delayed

the emergence of a common property of the spouses, on the date the demise of these effects.



(2) the Treaty concerning the extension of the common property of the spouses, which are contrary to the

paragraph 1, or bypass, are invalid.



Part 4



Procedural acts, building on the Declaration of bankruptcy



§ 277



(1) immediately after the bankruptcy takes effect, shall ensure

the insolvency administrator to perform the procedural acts and other activities,

resulting from bankruptcy.



(2) the official receiver shall focus its activities, in particular, to determine

collateral and inventory, to complete the list of registered claims, to

the preparation of the review of the negotiations and the preparation of the meeting of creditors.



(3) in the case of a debtor who keep the books or records referred to in

special legal regulation ^ 13), draw up the official receiver on the date

preceding the date on which occurs the effects of bankruptcy,

interim financial statements, or an overview of the income, expenditure, assets and

commitments.



§ 278



cancelled



§ 279



(1) unless otherwise provided in this Act, the obligations which the law imposes

the debtor, for persons acting on the debtor and other persons in connection with the

a declaration of bankruptcy, shall be fulfilled within 15 days from the Declaration

bankruptcy; This period may be extended, mutatis mutandis, the only court of

reasons worthy of special attention.



(2) if the obligations referred to in paragraph 1 are not within the time limit

satisfied, the Court on the proposal of the insolvency administrator

appropriate measures for their enforcement.



section 280



Unless otherwise provided by this Act, is an inventory of the Charter, which the insolvency

in the context of bankruptcy administrator authorizes the monetization of the registered property.



§ 281



(1) on the basis of the list of registered receivables and inventory, and with the use of and

otherwise, the lessons learned shall draw up a report on the official receiver

the economic situation of the debtor on the date of the bankruptcy. In the message,

in particular, compares the nature of the debtor's assets, obligations, and expressed to the

the possibility of further use of the debtor's business.



(2) a report on the economic situation of the debtor shall submit the insolvency administrator

the insolvency court at least 10 days before the date of the first meeting

of creditors convened after the Declaration of bankruptcy. Creditors have the right to this

report on insolvency court.



§ 282



(1) the creditors ' meeting report of the trustee on the economic

the situation of the debtor, with the conclusions, which represent the above-mentioned recommendation

Administrators for his next steps.



(2) creditors ' meeting shall decide whether and to what extent has the

the debtor who is a natural person, and his family to provide the implementation of the

the estate to cover their justified existential needs.

To do so, at the request of the borrower or one of the members of his family.



Part 5



Liquidation of the estate



§ 283



(1) the realisation of the estate means the transfer of all

the property, which belongs to it, on the money in order to satisfy creditors.

For the monetization for this purpose and the use of bank accounts

of the debtor and his cash. The sale of the estate, the

means and for referral of debtors ' claims; arrangements, which

This prevents the insolvency administrator is not limited.



(2) The liquidation of the estate can go only after the legal power

the decision on the Declaration of bankruptcy, however, as soon as possible after the first meeting of the

creditors, unless things threatened destruction or

deterioration or if the Court will not allow an exception.



(3) the asset realisation of the debtor's assets, in essence, that the

by the decision of the collateral issued in criminal proceedings can be

only after the prior consent of the competent authority participating in criminal

the proceedings. Exceeds the proceeds of the liquidation of the assets according to the achieved sentence

the first amount to be paid shall inform the official receiver of this

fact, the authority of law enforcement, which decided to hedge.

Unless law enforcement authority within 30 days of the insolvency

ensure that administrators also applies to the rest of the proceeds shall be used to

the distribution among the creditors.



(4) copies of the documents, which show the monetization of assets and

the conditions under which to monetization, the official receiver shall submit an

the insolvency court to the establishment of the insolvency file immediately after the

What happened to monetization.



(5) unless otherwise set, do not cross the sale property

the essence of the acquirer drains on things.



§ 284



Pre-emptive right



(1) immovable property which form part of the public land port ^ 41), has

When the liquidation of the pre-emptive right to the State.



(2) the legal rights of the insolvency administrator is předkupními realisation

the estate is bound. The předkupními rights not insolvency

When the liquidation of the estate administrator is bound.



(3) the Insolvency administrator is bound in the liquidation of the estate

the legal rights of the tenant of the apartment, which is a natural person, to the

the drive included in the estate when it is first referred to in

§ 1187 of the civil code.



(4) the Insolvency administrator is bound in the liquidation of the estate

the obligation to offer the transfer of units included in the estate

beneficiaries in accordance with § 1188 of the civil code. Insolvency

the administrator is also realisation nature bound legal rights

by law the rights of tenants according to the law on ownership.



(5) the official receiver shall ensure the implementation of all actions that are to

implementation of transfers referred to in paragraphs 3 and 4 are necessary; for him from people

authorised in accordance with paragraphs 3 and 4 belong to the reimbursement of the costs necessarily

incurred in carrying out all the necessary tasks and rewards provided for in
under special legislation. Does a person entitled under

paragraph 3 or 4 of the right to convert units within 3 months from the date of

received an insolvency administrator, the insolvency administrator

monetize unit procedure laid down in this law.



section 285



(1) the realisation of the estate cease to exist in the extent to which they relate

zpeněženého assets



and the effects of the enforcement regulation), or execution, the effects of delivery

notice of initiation of the execution and the effects of execution of commands issued



(b)) other defects the drains on zpeněžovaném assets, including

not exercised pre-emptive rights pursuant to § 284 paragraph. 3 and 4 and including the defects

registered in the public list, unless otherwise specified.



(2) if the zpeněžena property that the debtor used to living their

family, or an apartment owned by the debtor, the debtor is obliged to is

clear out. If they do so voluntarily, the purchaser may claim a

the eviction action in court; It's not about the incidenční dispute.



(3) when the eviction under paragraph 2 is the responsibility of the debtor to the same housing

compensation as in the testimony of the lease of the apartment tenants for gross violation of

the obligations arising from the rental of the flat.



(4) unless otherwise provided in a separate legal regulation otherwise, the realisation of property

the essence of the extent in which relate to zpeněženého of assets, do not disappear

servility and real burdens, with the exception of those that are in the

insolvency proceedings, ineffective.



§ 286



(1) the nature of the Material can be used to monetize



and) public auction under a special legal regulation ^ 45),



(b) sale of movable things) and real estate, according to the provisions of the civil

Court rules on the enforcement of decisions,



(c) the sale of assets outside the auction).



(2) about how monetization of assets referred to in paragraph 1 shall be decided

the consent of the creditor committee of the insolvency administrator.



§ 287



(1) the liquidation of the public auction shall be carried out in accordance with the provisions of the Special

^ law 38).



(2) the public auction the auctioneer on the design performs the insolvency administrator.

Contract for the execution of the sale in this case becomes effective on the date on which the

It shall approve the creditor committee.



§ 288



(1) The realisation of the sale of movable and immovable property is the

the District Court in accordance with the provisions of the code of civil procedure. The proposal on this

the sale of the insolvency administrator, who serves is the only participant in this

the proceedings.



(2) The court orders the sale referred to in paragraph 1, if the draft

accompanied by a decision on bankruptcy, list of confirmed

the insolvency court and the consent of the creditor committee, in this way

monetization.



(3) decision issued in this proceeding shall be served only to insolvency

the administrator who can lodge an appeal against them.



§ 289



(1) sales to outside of the auction can take place with the consent of the insolvency administrator

the insolvency court and the creditor committee. When consent may

the insolvency court to lay down the terms and conditions of sale. Until the consent of the

the insolvency court and the creditor Committee granted, shall not contract for

sales outside the auction effect. Consent of the insolvency court and

the creditor Committee is not required to sell things threatened

destruction or deterioration, as well as things commonly zcizovaných in the

the continued operation of the debtor's business.



(2) during the sale outside the auction purchase price can be set below the estimated price.

Insolvency administrator account and to the cost of doing that would otherwise be

to be made to the management of zpeněžovaného assets.



(3) the validity of the Treaty, which has been selling out of auction, liquidation

can be challenged only in an action brought by the insolvency court no later than 3

months from the date of the publication of the Treaty in the insolvency register.



section 290



(1) the debtor's insolvency administrator may monetize only

the Treaty.



(2) the proceeds of the realisation of the single undertaking agreement is part of the

the total proceeds of the estate and can only serve

to cover the obligations related to the selling company.



§ 291



(1) the realisation of the debtor's business, the only treaty devolves on

the transferee all rights and obligations, which are covered by the sale, including

the rights and obligations arising from labor relations to

employees of the debtor's business, with the exception of claims against the debtor

incurred to the effectiveness of the Treaty.



(2) unless otherwise provided in this Act, shall apply to the contract in accordance with § 290

mutatis mutandis, the relevant provisions of the special law on the sale of

the undertaking; for the fulfilment of the commitments which were transferred to the purchaser, the seller

does not guarantee.



§ 292



The provisions of § 290 and 291 shall apply mutatis mutandis, if there is only a single contract

the whole essence of the realization by a property or part of the debtor's business.



§ 293



(1) in the case of liquidation of the things, rights, claims or other equity

the value that is used to secure the debt, it is the official receiver

bound by the instructions of the secured creditor pointing to monetization; If

secured creditors more, gives these instructions to the secured creditor, whose

the claim shall satisfy the first of the collateral in the order. If

the secured creditor does not grant the relevant instructions or within the time specified

the insolvency court, has the right to grant the secured creditor, whose

the claim is in respect of reinsurance as a more satisfying in the order. Insolvency

the administrator can reject these guidelines if it deems that the subject of the collateral

You can monetize more favourably; in this case, asks the Court about the

their review in the framework of the activities of the Supervisory Board also observed.



(2) the provisions of § 230, paragraph. 3 to 5 shall apply mutatis mutandis. The provisions of § 286 paragraph.

2, § 287, paragraph. 2 and section 289, paragraph. 1 shall apply only if it is not here

the order of a secured creditor.



§ 294



(1) the official receiver shall be required to apply and enforce for the benefit

the estate of the debtor's debts. This applies mutatis mutandis to

the debtor's non appreciation money claims.



(2) the obligation referred to in paragraph 1, the official receiver, if the cost

on the application and enforcement of these receivables are disproportionately high, or is

You cannot hide from the estate.



§ 295



(1) the debtor, the person close to him, and the people that make up the group with him, not

be one of the assets belonging to the estate, and even if,

that was his realisation auction; This property must not be

converted or within a period of 3 years from the end of the bankruptcy, even if they suggest

the statutory pre-emptive right. Legal acts carried out in contravention of this

the provisions are invalid; However, it shall be considered valid if the

who is affected by the invalidity of the ambulance. Invalidity is not

rely on the one who caused it myself.



(2) the provisions of paragraph 1 shall also apply to



and the head of the staff of the debtor) according to § 33 paragraph. 3 and section 73, paragraph. 3

the labour code, and people close to them,



(b) persons who exercise) in the last 3 years before

insolvency proceedings or after the initiation of the decisive influence on the operation of the

the debtor's business or significantly affecting its other

any commercial activity,



(c)) the debtor, the companions to eat other than joint stock trading company,



(d) the shareholders of the debtor), which is the joint-stock company, if they are

shares corresponding to more than a tenth of the share capital,



(e) the authorized representative of the debtor)



(f) the members and alternate members) of the creditor committee, which the meeting of creditors

grant consent to the acquisition of the assets of the estate.



(3) On the proposal of the persons referred to in paragraph 1 or in paragraph 2 (a). and)

(e)), and after consultation of the Court of the creditor Committee in may

substantiated cases authorise the derogation from the prohibition of the acquisition of the assets of the

the estate. If the acquisition of the asset until the end of the

bankruptcy, shall decide on this proposal in court individually, and this

an exception may, in this case, allow the persons referred to in paragraph 2

(a). (f)); against his decision may appeal only to the person who

the proposal was lodged.



Episode 6



Dealing with the proceeds of monetization



§ 296



(1) Claims for the material nature and the claim equivalent

built, as well as the costs associated with the administration of the estate

nature, shall be paid from the proceeds.



(2) after the closure of the debtor's undertaking not to be the proceeds of the liquidation of the

used for business or other gainful activities or with the consent of

the creditor committee. It does not prevent this donation was

loaded so that it will evaluate the interest or other additions.



section 297



(1) if the proceeds are insufficient to cover the claims and the liquidation of the costs pursuant to §

paragraph 296. 1, can be used to cover the remuneration and the cash expenses of the insolvency

Administrator, creditors ' claims arising from contracts for the duration of the moratorium

pursuant to section 122, paragraph. 2, the claims of creditors of the credit financing and

the costs associated with maintaining and managing the estate to use

funds raised by the advance on costs of the insolvency proceedings or

the advance granted to the creditor committee.



(2) if it is not sufficient, nor the means referred to in paragraph 1, shall decide on the

the order of payment of the claim or of its pro rata payment of the Court on

basis of a proposal of the insolvency administrator under article 305, paragraph. 2.



section 298



(1) the secured creditors have the right to have their claim was

met from proceeds of things, rights, claims or other
property values, which has been ensured.



(2) the proceeds after deduction of the costs of the liquidation of the administrative and

realisation in accordance with paragraph 4, unless the Court otherwise, and after

the deduction amount attributable to the remuneration of the insolvency administrator issues

the insolvency administrator with the consent of the insolvency court zajištěnému

creditors.



(3) against the insolvency administrator to release proceeds

in accordance with paragraph 2, the other creditors and the debtor may submit objections to the 7

days from the date of publication of the proposal in the insolvency register; to later

examination of objections shall be disregarded. To discuss the objections submitted in a timely manner

orders the Court within 30 days of the hearing, which decides about

whether designing an insolvency administrator.



(4) the costs associated with the sale can be deducted to the extent of not more than 5%

the proceeds of liquidation; the costs associated with the administration of a maximum in the range of 4%

the proceeds of the liquidation. With the consent of the secured creditor to subtract

the cost even on a larger scale.



(5) Zajištěnému the lender that has not fulfilled an obligation pursuant to § 157

paragraph. 1, the proceeds of liquidation after deduction of the amount attributable to the

the fulfilment of this obligation.



(6) For liquidation under section 293, paragraph 2 shall apply only if the

the secured creditor has not yet the obligation under section 230, paragraph. 3.



(7) the decision on the design of an insolvency administrator to release the proceeds

monetization is delivered in accordance with paragraph 2, especially the debtor, insolvency

managers, creditors, to whom the zajištěnému to be issued and the proceeds to creditors,

who have lodged objections against him; only the following persons may appeal against a decision

to lodge an appeal.



section 299



cancelled



section 300



Notification on the liquidation of the estate



The insolvency administrator of the insolvency court is served and the creditor Committee

a partial report on the course of the liquidation of the estate and on the management of

the proceeds of the liquidation. These reports shall on its own initiative or

on the basis of the decisions of the insolvency court or request of the creditor

of the Committee. About the liquidation of the estate shall inform the official receiver

also, the Court immediately to the tax administrator, bailiff or other authority

which according to the results of the insolvency proceedings in progress

proceedings relating to the zpeněženého of the assets, including the control of performance

the decision or execution on the assets of the debtor. If the realisation of

estate material rights cease to issue zpeněženému asset,

the insolvency administrator, the transferee shall immediately confirm the zpeněženého property

the demise of these rights.



Section 301



(1) if the status of the liquidation of the estate, the insolvency

the administrator at any time in the course of insolvency proceedings shall propose to the insolvency

of the Court to allow a partial schedule; his proposal must agree

creditor committee. The proposal must indicate which claims to be in the

partial schedule met and to what level.



(2) the Court shall authorize a partial schedule, if it allows the status of the

proceeds of the estate, if it does not prejudice the rights of the

secured creditors, if it cannot be compromised schedule after the final

the message, and if the proposed claims, included in the

a partial schedule, no doubt.



(3) Against the decision to allow a partial schedule does not appeal

permissible.



(4) the claims included in a partial Schedule shall issue the insolvency

the Court schedule, which resolution shall deliver to the debtor, the insolvency administrator

and to all the creditors, who are included in it. These persons may, against

him to lodge an appeal. Citing can be argued also that have not been met

the conditions for authorisation of a partial schedule.



Episode 7



The final report and schedule



section 302



(1) at the conclusion of liquidation of the estate liquidator shall submit to the

the insolvency court of final report. The submission of the final report,

If



and incidenční are not yet completed) disputes, if their result cannot

significantly affect the conclusion of the final report,



(b)) failed to monetize all assets belonging to the estate

nature, if not yet nezpeněžený property may be from the estate

excluded.



(2) the final report of the insolvency administrator must submit an overall

the characteristics of his activities with quantifying its financial results.

The final report must contain, in particular,



and an overview of the claims for the material) the nature of the claims and equivalent

built by the insolvency administrator has already satisfied and still

to satisfy the left



(b)) an overview of the expenses incurred in connection with the administration of the estate

the nature of the justification of expenditure that are not normal,



(c) an overview of the liquidation of the estate), with the result, which was

achieved,



(d)), which was not placing the assets liquidated, with reasons why

There,



(e) the results of a partial schedule) if it occurred,



(f) an overview of the performance of secured creditors) with by projecting into the schedule,



g) overview of negotiations and legal transactions, significant for the progress of the

the insolvency proceedings.



(3) the final report of the insolvency administrator must result in enumerations

the amount to be distributed among the creditors, and in these

creditors, with an indication of the amount of their shares on this amount.



(4) the date of the Assembly shall draw up a final report the insolvency administrator accounting

accounts.



Section 303



(1) at the same time with the official receiver shall submit a final report

the insolvency court even Bill their remuneration and expenses.



(2) the statement of remuneration and expenses of the lodges and the provisional administrator, and more

Administrators who participated in the administration of the estate and are

different from the insolvency administrator and their remuneration does not form part of the

his rewards.



section 304



(1) the Court shall review the final report of the insolvency administrator and the

his Bill and removed after hearing of the insolvency administrator to faults and

the ambiguities contained in it.



(2) the final report of the insolvency administrator after its modification shall inform the

court proceedings that it publish the Decree.

At the same time it shall inform, within 15 days from publication of the final report in

insolvency register may lodge an objection against it; the objections are

lodged with the Court, in duplicate, with one copy of the

the insolvency administrator to express delivers.



(3) to discuss the final report and statement of trustee

order the insolvency court hearing. Date and place of the meeting shall be published

the insolvency court decree; the summons to this insolvency

the Court specifically delivers the insolvency administrator, the debtor, creditors and

Public Prosecutor's Office, who have lodged objections against the final report, and

the creditor committee.



(4) The negotiations on the final report and statement of trustee

discuss the insolvency court objections that have been raised against it. On

basis, it decides either that the



and approves the final report submitted) and the statement of objections are not

reasonable to them,



b) orders the addition or amendment of the final report or statement, if

It finds that some of the objections against them are justified, however, does not change its

the basic content



c) refuses to accept the final report, if it finds that the objections against it

raised by reasonably dispute the report as a whole; in this case, the deposit

insolvency administrators, to submit a final report within the time limit,

which it shall determine.



(5) where not made objections to the final report, the insolvency

the Court may issue a decision referred to in paragraph 4 without the regulation negotiations.



(6) the decisions referred to in paragraphs 4 and 5 shall transmit to the Court

the insolvency administrator, the debtor and the creditors, whose objections were

to be judged. An appeal against such decision may submit an insolvency

the administrator and the creditors and the debtor whose objections was rejected.



section 305



(1) before the timetable to satisfy outstanding claims which are

meet at any time in the course of bankruptcy proceedings; and claims for

the essence of it assets, receivables, assimilated and secured

the claims to the extent provided for in § 167 and 298.



(2) if the proceeds of the liquidation made the estate to

satisfaction of all claims referred to in paragraph 1, can satisfy the

first reward and cash outlays of the insolvency administrator, then the claims

creditors arising from contracts for the duration of the moratorium under section 122, paragraph. 2, then

the claims of creditors of the credit financing, then quite a cost

associated with maintenance and management of the estate and the labor

the claims of debtors ' employees after the bankruptcy decision and

After the claims of creditors on the maintenance of the law and then claim

creditors for damages caused on health; other receivables

will satisfy the fairly. Proceeds under section 298, paragraph. 2 However, you can use the

to the satisfaction of other claims to the satisfaction of the claim secured by

the lender.



(3) the proceeds set aside the official receiver before the timetable

the amount of the projected costs associated with termination of the proceedings.



§ 306



(1) After the decision on the approval of the final report shall submit to the

the insolvency administrator of the above-mentioned draft resolution, rozvrhového
stating how much is to be paid on each claim referred to in

modified list of registered claims.



(2) the Court shall examine the factual accuracy of the draft submitted by the

insolvency administrator. Then issue a schedule of the resolution, in which it shall identify

the amounts to be paid to creditors.



(3) all creditors included in a schedule to meet the relatively light

to the amount of their claims as have been detected.



(4) the resolution of the issue of rozvrhového does not prevent, if in respect of any of the

Receivables from the modified list of registered claims are not yet

the conditions for the payment of, or in the case of a claim

disputed; in particular, claims,



and) involved an appeal against the final report,



(b)) in respect of which the dispute has not yet been finished incidenční.



(5) for inclusion in the schedule is for claims tied to the condition of

the decisive status at the date of issue of the rozvrhového of the resolution.



section 307



(1) Schedule of the resolution delivers court insolvency administrators,

the debtor and the creditors, whose claims to this resolution; These

the person may appeal against the rozvrhovému resolution.



(2) the Court shall determine the rozvrhovém resolution of insolvency administrators

the deadline to comply with it; period may not be longer than 2 months from the legal power

This resolution.



(3) the amounts intended for each lender in rozvrhovém resolution of them

insolvency administrator decided on their cargo typically at its headquarters.

Amounts not exceeding 500 Czk may fold into custody at the Court and the creditors of the

notify in writing. Similarly, if there is no payment

the amounts intended for each creditor within 30 days from rozvrhového

resolution for an obstacle on their side. Of compliance with resolution rozvrhového

the official receiver shall submit the above-mentioned report to the Court.



(4) the amounts, which might fall on the claims referred to in § 306

paragraph. 4, the official receiver shall lodge a deposit for the insolvency court.

As soon as the defection of the obstacles to their payday, will issue them to the insolvency

the Court further schedule of the resolution; the provisions of resolution rozvrhovém applies

Similarly, the schedule for resolution. If it is shown, that about

some of these amounts are not met the prerequisites for its inclusion in the

schedule, excludes it from the schedule of the Court; against this decision

the appeal is not admissible. Similarly in respect of amounts

allocated to expenses associated with the termination of the proceedings, if not used.



Episode 8



Cancellation of bankruptcy



§ 308



(1) the Court shall decide without the proposal of cancellation of bankruptcy



and if it finds) that was not subsequently certified by the debtor's bankruptcy; It

does not apply, if there is already a substantial part of the realisation of assets, the



(b)) if it finds that there is no logged-on the creditor and all claims

the essence of the estate and claims they are assimilated

satisfied,



(c) after receipt of the report) of the insolvency administrator to meet the rozvrhového

the resolution,



(d)) where it finds that to satisfy the creditors of the debtor's property is completely

insufficient; While no account is taken of the things, rights and other securities

the values excluded from the estate.



(2) the Court shall decide on cancellation of the bankruptcy of the debtor, whether or not on a proposal from the

If the debtor to this proposal joined the Charter, to which all

the creditors and the insolvency administrator spoke with the cancellation of the bankruptcy and

which is officially verified the authenticity of the signature of the persons who have signed it.



section 309



(1) for the receipt and publication of the decision, which is bankrupt, applies

What about delivery and publication of the decision on the Declaration of bankruptcy.

The debtor and the insolvency administrators, this decision to

your own hands.



(2) against a decision pursuant to section 308, paragraph. 1 may lodge an appeal only

the insolvency administrator and creditors of the login.



(3) a decision establishing bankruptcy, is enforceable and its effects

occurs when the date becomes the legal power.



(4) the legal power of the decision establishing bankruptcy, insolvency proceedings

ends.



Section 310



(1) If the borrower dies during the bankruptcy, embarking on his site

his heirs, and if not, the State.



(2) the official receiver shall submit the above-mentioned report on the

present the results of the consultation, together with a breakdown of their bankruptcy

the proportional remuneration and expenses already incurred. The insolvency court submitted

the report shall examine and decide on it; § 304 shall apply mutatis mutandis.



(3) the decision on approval of the report referred to in paragraph 2

Court cancels the bankruptcy and shall refer the matter to the Court, which hears

heritage. Of service and the date of this decision to apply section 309;

appeal against him, however, is not permitted.



section 311



If, as a result of the cancellation of bankruptcy pursuant to section 308, paragraph. 1 (a). (c)), and (d))

the cancellation and demise of a debtor who is a legal person, without legal

successor under special legislation, the unsatisfied claims

or their unmet part cease to exist, if they are not satisfied of the

ensure.



§ 312



(1) abolition of the bankruptcy, the bankruptcy, the effects shall cease except

effects, for which it is possible to return to the State prior to the Declaration

bankruptcy. The validity and effectiveness of legal acts that have been carried out

during the bankruptcy, that does not affect.



(2) A borrower who is a legal person, acting once again his

statutory authorities or the liquidator, if the legal person in the

liquidation; the interruption of the liquidation of a legal person expires.



(3) cancellation of bankruptcy pursuant to section 308, paragraph. 1 (a). (d)) is the basis for the

cancellation of debtor from the commercial register, unless it is a legal person

established by the law.



(4) on the basis of a revised list of receivables after cancellation of bankruptcy

submit a proposal on the enforcement of a decision or execution for established

unsatisfied claim, that the debtor did not deny; This right shall

barred for 10 years from the repeal of the bankruptcy. This does not apply, if the

unsatisfied claim or part thereof, which shall cease under section 311.



section 313



(1) the function of the insolvency administrator does not end with the abolition of the bankruptcy, although its

permission to dispose of the remaining parts of the estate and other

possession passed on to the borrower.



(2) the official receiver shall on the date of cancellation of the bankruptcy to close

the books, prepare the financial statements, fulfil the obligations imposed on

tax regulations and pass the debtor necessary accounting records. Furthermore, it is

obliged to pass the remaining assets of the debtor, to ensure that the activities of the

accounting and professional document management ^ 61) arising out of the activities of the

the debtor, or the activities of its legal predecessors, and more

activities relating to the abolition of the bankruptcy. If the debtor does not

accounting, relate to these duties adequately his tax records.



(3) After the implementation of the activities referred to in paragraph 2, the Court

the insolvency administrator to relieve of his duties. At the same time, decide on the

the expenditure incurred in the context of the insolvency administrator with the abolition of

bankruptcy, and their remuneration.



Episode 9



Special provisions on the gentlest of bankruptcy



Section 314



(1) on a tiny bankrupt as if



and the debtor is a natural person), which is not an entrepreneur, or



(b)), the aggregate turnover of the debtor was detected by a special legal

^ Code 46) for the last financial year preceding the bankruptcy

more than 2 0000 0000 Czk and the debtor does not have more than 50 creditors.



(2) the decision on the fact that it is a tiny bankrupt, the Court

even without the design and combine it with a declaration of bankruptcy, or is the issue

at any time in the course of insolvency proceedings after the Declaration of bankruptcy.



(3) if subsequently found that the bankrupt should not be considered

slight, the Court accepted the decision without undue delay

cancels.



(4) against the decisions referred to in paragraphs 1 and 2 of the decision is not permissible, must

However, always be justified.



§ 315



(1) unless the creditors ' meetings differently, in the gentlest of bankruptcy,

in accordance with this Act, with the following variations:



and the creditor Committee) instead of the creditors may appoint a representative

creditors,



(b)) to the effectiveness of the agreement on the settlement of the joint property of spouses is not

need the approval of the insolvency court or creditor approval authority,



(c)) to the exclusion of bad debts and goods, rights or other

assets, which it is not possible to sell, consent is not required

the insolvency court or creditor institution,



(d)) of the early objections against the final report and the statement can be

decide, even without the regulation of conduct,



(e) review of the negotiations can be) at the same time to discuss all the questions about

which would otherwise have been entitled to decide only the creditors ' meetings, and

If appropriate, you can also make a final report and the statement and

to discuss the objections against them.



(2) if it is not in conflict with the decision of the meeting of creditors, the insolvency

the Court may lay down for the audition and other minor deviations from the law,

If it will lead to a rapid and economical during the insolvency proceedings;

These derogations shall be without prejudice to the position of secured creditors or

the principle of the insolvency proceedings. This decision may Court

combine with the gentlest of bankruptcy or may be issued at any time

at a later time.



Title II



Reorganization of the



Part 1



The admissibility of the reorganization



Section 316
(1) reorganisation of means usually gradual satisfaction of the claims

the operation of the debtor's creditors, while maintaining the company secured measures

for the management of the undertaking in accordance with the insolvency court

an approved reorganization plan with a continuous control of the implementation of the

by creditors.



(2) the Reorganization can be addressed the decline of the impending bankruptcy of the debtor, or that

is an entrepreneur; a reorganization of its business.



(3) the Reorganization is not admissible if the debtor is a legal person in the

liquidation, a securities dealer, or a person authorized to

trading on the commodity exchange under special legislation.



(4) the reorganisation is permissible, if the total annual sum of net

the turnover of the debtor under special legislation ^ 46) for the last

the accounting period preceding the above-mentioned proposal has reached at least the amount of the

50 0000 0000 Usd, or if the debtor at least employs 50 staff in

employment relationship; the provisions of paragraph 3 shall remain unaffected.



(5) if the debtor together with the draft insolvency or not later than

the bankruptcy decision tabled by the insolvency court of reorganisation plan

adopted by at least half of all secured creditors calculated according to

the amount of their claims, and at least half of all unsecured creditors

calculated according to the amount of the receivables, the restrictions referred to in paragraph 4 shall not apply.



(6) in the case of insolvency the creditors and the debtor before the proposal for a decision on the

bankruptcy requests extension of time to submit a reorganisation plan

referred to in paragraph 5, the Court in the bankruptcy decision will prolong this

the time limit for a maximum of 30 days.



Part 2



The proposal to permit reorganization



section 317



(1) a person entitled to file a proposal to allow reorganization, the debtor is

or creditor who is logged on.



(2) a proposal to permit reorganization may submit only the one who is in good

faith, that are or will be met all the conditions for the approval of the

reorganization plan.



§ 318



(1) a debtor who has filed bankruptcy proposal for imminent bankruptcy, can

submit a proposal to permit reorganization by the bankruptcy decision.

In other cases, the proposal to allow reorganization to submit

not later than 10 days before the first meeting of creditors to be held after the

the bankruptcy decision.



(2) Belatedly brought on a proposal to permit reorganization Court

the decision, which refuses to deliver to the debtor, the applicant, insolvency

the administrator and the creditor committee. An appeal may be made only against him

person, which delayed the proposal.



section 319



(1) proposal to allow reorganization, brought on by the debtor must

General requirements for filing ^ 20) contain



and the designation of the debtor and persons) authorized to act for him,



(b) the known information about the debtor) capital structure and property of persons who

the debtor's control or which make up with the debtor concern ^ 21), including the

information about whether the respect of some of these persons is not insolvent

control, or the Declaration that no such persons,



(c)), an indication of how the proposed reorganization.



(2) to the proposal on the reorganization of the debtor must attach the authorization list

assets and liabilities list, where appropriate, the statement of changes in

meantime, as compared to the lists, which in insolvency proceedings already

previously submitted.



(3) a proposal to permit reorganization brought on by the creditor shall, in addition to the General

requirements for filing ^ 20) contain the information referred to in paragraph 1 (b). and) and

(c)). The other information referred to in paragraph 1 shall specify the creditor only if he

known.



(4) for the designation of the persons in the proposal to enable the reorganisation and lists to

connected applies to section 103, paragraph. 1 similarly.



(5) indication of how the reorganization, contained in the proposal to enable

reorganization, are not drawing up a restructuring plan, or a person

that proposal was lodged, bound.



section 320



(1) does not include a proposal to allow reorganization all the essentials

or is incomprehensible or vague, court resolution shall invite the

the person who filed it, to repair or replenish within a specified period,

which may not be longer than 7 days. At the same time it will learn how to repair or

make the Tween.



(2) in accordance with paragraph 1, the Court shall proceed, even if they are not to

the proposal on the reorganization of the attached authorisation required by law of the annex

or, if these do not contain the annex set out the particulars.



(3) a proposal for the reorganization of the Court refuses the authorization, if it is not

Despite his challenge to properly added and in proceedings cannot be about it for this

the lack of continuing or, if not to him through his call connected

required by law or if these contain attachments through his

the challenge laid down by the elements.



(4) the decision referred to in paragraph 3, the Court shall deliver to the debtor,

the preliminary insolvency administrator or administrators, the creditor committee and the

the person who filed the reorganization proposal for the authorisation; appeal against him

may submit only the person who filed the reorganization proposal for the authorisation. To

Since the appeal is not taken into account when decisions about it

Court has authorized the reorganization on the proposal of the other person.



section 321



(1) If, after the insolvency court came a proposal to permit

reorganization, shall submit this proposal to the other person, it shall be considered a proposal for more

person for the accession to the control whose subject is the reorganization; § 107

shall apply mutatis mutandis.



(2) the Court shall invite the persons referred to in paragraph 1, that within the time limit

must not be longer than 30 days, remove the differences of their proposals and

It advised on the common opinion. If not so, the

Court of the proposal, which passed the debtor, and if it is not, then, from

the proposal the creditors, who had arrived earlier.



Section 322



(1) the person who made the proposal to allow reorganization, it may take

back to a time before the insolvency court reorganization enables or submitted

the draft otherwise decides.



(2) the withdrawal of the proposal to allow the reorganization of the Court will take on the

Note that the decision is delivered to the person who filed the proposal,

the debtor, the insolvency administrator and the creditor Committee; the appeal against the

It is not permissible. After the release of this decision of the Court

does discuss the reorganization.



(3) if the proposal to allow reorganization taken back up after it

It was decided, the Court decides that the withdrawal is not effective;

This is not a decision against which the appeal is admissible, the service is

the person who filed the proposal, the debtor, the insolvency administrator and the

the creditor committee.



(4) the person who applied for the next proposal to allow reorganization, prompts

the insolvency court to him within 15 days, that takes on its

consultation; If not so, in consideration of the insolvency reorganization

the Court does not continue.



Section 323



(1) proposal to allow reorganization brought on the lender must approve the

meetings of creditors; will do so after a report of an insolvency administrator

the economic situation of the debtor.



(2) prior to the decision of the creditors ' meeting for approval of a proposal to permit

reorganization of the insolvency administrator to remind him of the known reasons for the

You can doubt the intention of proposing a fair creditor.



section 324



(1) after the filing of the proposal to permit reorganization and prior to a decision on the

the decline is the person authorized to dispose of the collateral to the essence of the obligation to

to refrain from acts which could be lost or compromised

the proposed reorganization.



(2) the Court may, after the submission of the proposal on the reorganization of the authorisation and

no design change your preliminary measures.



(3) since the publication of the proposal on the reorganization of the authorization in the

insolvency register is not permissible to set-offs

the debtor and the creditor, unless the Court determines otherwise, the preliminary

measures. This is true even if the statutory conditions of this netting

have been met before that moment.



Part 3



Decision on the proposal to permit reorganization



section 325



During the discussion of the proposal to permit reorganization progresses insolvency

the Court referred to in § 148 to 152.



Section 326



(1) the Court rejects the proposal to allow reorganization,



and if you can) with regard to all the circumstances, reasonably assume that the

dishonest intention is monitored, or



(b)) that the person, again filed the proposal to permit reorganization

It was already decided, or



(c)), which made the lender, if it does not approve the creditors ' meeting.



(2) the reference to the intention of the dishonest proposal to permit reorganization can be

in particular, if the judge in respect of the debtor, his legal

representative statutory body or a member of the collective

statutory body



and in the last 5 years) was insolvency proceedings or other proceedings

addressing the decline of, and depending on the outcome of such proceedings, or



(b)) according to the extract from the criminal record in the last 5 years before the start of

insolvency proceedings was criminal proceedings

final conviction for the crime of property or economic

nature.



(3) the decision to reject the proposal on the reorganization of the permit is delivered to the

the debtor, the person who filed the proposal, the insolvency administrator and the

the creditor committee. An appeal against it may be brought only by the person who

the proposal was lodged.



Section 327



(1) if the Court rejects the proposal to allow reorganization,
take note of his withdrawal or rejects, continues without further

in insolvency proceedings. The effects of the proposal on the reorganization of the authorisation

This decision shall expire.



(2) A person whose proposal to allow reorganization Court

refuses, take note of its withdrawal, or reject, the

mutatis mutandis to section 147.



section 328



If there is no withdrawal of the authorisation to the proposal on the reorganization or

refusal or rejection, court reorganization.

The decision on authorisation is delivered to the debtor reorganization, petitioner,

the insolvency administrator and the creditor committee. An appeal against it is not

permissible.



Section 329



(1) the decision to permit the reorganization includes the



and opinion on the reorganisation of the permit),



(b)) information about who is the insolvency administrator, and has not been yet

appointed, a statement regarding its provisions,



(c)) call to the debtor within 120 days to submit a reorganisation plan

or without undue delay to the insolvency court that it

submit does not intend to,



d) information about the conditions under which they may submit the reorganisation

plan the next person.



(2) the provisions of paragraph 1 (b). (c)) shall not apply if the debtor prior to the

the release of the decision referred to in paragraph 1 of the above-mentioned Court announced that

the reorganisation plan does not intend to submit.



(3) the decision to permit reorganization may also include a statement regarding

other measures relating to the estate and necessary to

ensure the purpose of the reorganization.



section 330



(1) the legal power of the authorisation decision of reorganization is lifted restrictions

of the debtor's permission, which has occurred in law or

by decision of the Court in the course of insolvency

proceedings, unless the Court decides otherwise pursuant to section 332.



(2) the legal acts which have in terms of waste material

the essence and its management of fundamental importance, the borrower with the perform

permissions only with the consent of the creditor committee. Violation of this

the obligations shall result in the liability of the debtor for any damage or other

the injury suffered by the creditors or third parties caused; the members of the

the statutory body of the borrower for damage or injury

shall be held jointly and severally liable.



(3) the legal acts, which are of fundamental importance in accordance with paragraph 3,

consider acts which result in significantly changes the value of the property

the position of creditors or the nature or degree of satisfaction of the creditors.



(4) the claims of the debtor's employees with managers to perform

privileges, according to § 33 paragraph. 3 and section 73, paragraph. 3 of the labour code, which

After enabling the reorganization, during insolvency proceedings

to satisfy only up to the amount determined by the insolvency administrator with the consent

the creditor committee.



(5) on the day preceding the day on which the permit effects occur

reorganization of the debtor, shall draw up the interim financial statements.



section 330a



(1) For the duration of the reorganization shall apply mutatis mutandis the provisions of section, paragraph 246. 4 and §

253 to 260. The rights due under these provisions of the insolvency

administrators with privileges to perform exercises the debtor only with the consent of

the creditor Committee; violation of this obligation applies section, paragraph 330. 2

the second sentence.



(2) the Treaty on mutual implementation, the borrower with the layout

permission, that permission within 30 days from the reorganization fails,

that refuses to meet, must fulfill the contract.



§ 331



The official receiver shall exercise supervision over the activities of the debtor with the

perform permission, continues to survey the estate and

its inventory, leads the incidenční disputes, compiles and the following list

creditors and the creditor committee report. In addition, even more

tasks and carries out other activities, that obliged him to court.



section 332



(1) the Court may, on the proposal of the insolvency administrator or the

the creditor committee or even without a proposal to prohibit the obligor to perform with

permissions management of material nature or can his permission

in the determined range. It will do so in the interests of the creditors in particular,

If doubts about the fair conduct or competence

the debtor, or a person acting on his behalf.



(2) if the proposals referred to in paragraph 1, the Court more about them

decides one decision against which the appeal is not admissible.

If it rejects them, the other proposals referred to in paragraph 1, to submit to the expiry of the

30 days. The restrictions provided for by decision issued pursuant to paragraph 1 may

Court at any time before the approval of the reorganisation plan on the proposal

the insolvency administrator or the creditor committee to cancel or change.



(3) if the court prohibits the debtor to perform

permission to dispose of material nature or its permissions to

limits, crossing this disposition permissions on an insolvency administrator.



section 333



(1) unless otherwise provided in this Act, the decision to permit reorganization

suspending the exercise of the functions of the general meeting or of the debtor member meeting

and place of the general meeting or meetings of the debtor shall, in its

the scope of the insolvency administrator.



(2) the general meeting or the Member meeting of the debtor, even after the decision to

to enable a reorganization retain the right to appoint or elect and

invoke the members of the statutory body of the debtor and the debtor's Supervisory Board; to

the effectiveness of its decision, however, requires the consent of the creditor

of the Committee. If, however, on the reorganization of the allowable on the basis of the proposal on

to enable a reorganization filed by creditor or debtor does not have the right to

assemble the reorganisation plan, belongs the right to appoint or elect and

invoke the members of the statutory body of the debtor and the debtor's Supervisory Board

the creditor committee.



(3) shall cease if the function of the statutory body of the debtor or of the Supervisory Board

or function of all of the members of these bodies and if the procedure laid down in

special legal regulation appointed or elected within 30 days after the new

the statutory body or supervisory board or their members, selects the

creditor committee.



Part 4



Creditors in reorganization



§ 334



Reorganization of the participating creditors, login as well as creditors with

claims for the material essence and lenders of equivalent status.



section 335



(1) when the reorganization of the debtor for the lender and shall be considered as companions and

members of the debtor; for the claim of these persons is considered to be the right

resulting from their participation in a company or in a team.



(2), the amount of the claim arising from the participation of the partners or

Member of the borrower in the company or in the team is equal to zero; the provisions of the

section 347, paragraph. 2 this does not prejudice.



section 336



(1) unless otherwise provided, applies to the review of registered

claims in reorganization, mutatis mutandis, to section 190 to 202.



(2) the denial of the claim by the debtor in reorganization has the same effects as

denial of the claim insolvency administrator, the provisions of § 51 paragraph. 2 by

not, however, prejudice; for this denial shall apply mutatis mutandis the provisions of findings

claims relating to the insolvency administrator. If the debtor has denied

claim review meeting, which took place before there

the effects of the reorganization of the authorization, occurs the effects of this denial in the

the reorganization of the day, when the effects of the reorganization of the authorization have occurred; This day

It is decisive for the beginning of the time limits for bringing an action to determine the authenticity,

the amount of the claim or the order. Creditors claim that nevykonatelné

was negated by the debtor, the claim against the debtor is always served.



(3) if the above claim granted by a final decision

the competent authority, the debtor can as the reason for denying its authenticity or

the amount in the reorganization exercise only the facts that are the reason for the

stop the enforcement of a decision or execution, therefore, that the claim be allowed to lapse

or is stale.



(4) the Denial of the claim by the creditor does not have logged in for the duration

reorganization of the influence on the detection of popřené claims.



section 337



(1) for the purposes of determining the extent of satisfaction of the claims of the established and

the creditors ' vote on the adoption of a reorganisation plan, the creditors of the debtor

When the reorganization divided into groups, so that in each group

creditors were essentially the same legal status and are fundamentally

the same economic interests. The distribution of lenders in each group

contains the reorganisation plan, in which always indicate, according to which

the criteria for distribution to the creditors there.



(2) a separate group in particular



and) each secured creditor,



(b) creditors referred to in section) 335,



c) creditors whose claims are not affected by the reorganisation plan.



(3) the claim of the reorganization plan, the claim is untouched, whose

the amount, maturity, or other properties, and the rights associated with it

the reorganisation plan does not change, or claim that the creditor in writing

acknowledged that the reorganization plan is not affected.



(4) the claim of a reorganisation plan is also untouched the claim for

that as a result of the delay of the debtor losing the agreed benefits

payments, if the reorganisation plan



and the maturity of the principal) including interest as well as before the delay

of the debtor,



(b)) does not change any other rights associated with the claim, with the exception of rights

the lender associated with the effects of the opening of insolvency proceedings or with the already
an abrupt delay of the debtor,



(c)) provides that all payments of principal and interest that the debtor had

pay before their delay in the effective date of reorganisation plan

will be paid immediately after the effectiveness of the reorganization plan.



(5) the rationale for and the appropriateness of the allocation of the creditors in each group

assess the insolvency court when approving the reorganization plan.



(6) on the basis of a proposal of the creditor or the petitioner

reorganization plan may decide on the inclusion of the Court

the lender to another group; It shall do so before the approval of the reorganisation

the plan. Against his decision are not remedies permitted.



Part 5



The reorganisation plan



section 338



(1) the reorganisation plan defines the legal status of the persons concerned in

as a result of reorganization, and enabled it on the basis of the measures for the

a recovery operation of the debtor's business and to organize reciprocal links

between the debtor and his creditors.



(2) a Reorganisation plan shall be submitted to the insolvency court. After his

the submission must not nobody until news of a reorganization plan to develop

working towards its acceptance or rejection. The promoter is

obliged to refrain from all activities which are contrary to the reorganization

plan or that otherwise affect its performance.



(3) the reorganization plan is to derogate from the provisions of this Act,

as regards the satisfaction of creditors, including secured creditors and lenders,

they are companions and members of the borrower's applying the claim

resulting from their participation in a company or in a cooperative, on the management

with material nature and the obligations of the debtor after the insolvency

the proceedings.



(4) the further progress of the reorganization must not be in conflict with the reorganization

the plan, if there is no specified way to change it.



§ 339



(1) the priority right to compile a reorganisation plan is debtor, even if the

the proposal to permit a creditor filed a reorganization of the logged-on. Can

submit it simultaneously with the proposal on the reorganization of the permit or in the

a period of 120 days from the decision to permit reorganization. This period may

on a proposal from the Court of the debtor's insolvency, mutatis mutandis, to extend, to a maximum of

120 days.



(2) the priority right to compile a restructuring plan, however, is not the debtor,

the insolvency court announced that the reorganisation plan to submit

does not intend to.



(3) the priority right to compile a restructuring plan does not also the debtor,

the creditors agreed to the meeting so the lenders. The creditors ' meeting, the

which is pending or approved a proposal to permit reorganization, is

entitled to adopt such resolutions always.



(4) if the debtor before the expiry of the period referred to in paragraph 1 shall notify the

does not intend to submit a reorganisation plan, the Court shall decide on the

the end of this period; the authenticity of the signatures of the persons who signed the notification,

must be officially verified. Come out to clear the fact that indicate

the fact that the debtor in reorganization plan duly does

that progresses in a manner that may frustrate a reorganization, or that

secured creditors do not pay interest in accordance with section 171, paragraph. 4, can

the insolvency court even without proposal, decide to shorten or end of the period

in accordance with paragraph 1. To do so usually after expressing the debtor,

the insolvency administrator and the creditor committee.



(5) against the decision of the Court in accordance with paragraphs 1 and 4 shall not

the appeal is admissible.



(6) if the debtor does not have the right to give priority to build the reorganisation plan or

conferring this right to him by decision of the Court pursuant to paragraph

4, about who has the right to build the reorganisation plan

decide the creditors ' meeting. Unless the meeting of creditors referred to in sentence

First, invite the Court to submit a reorganization plan for more

persons who have submitted a proposal for the reorganization of the authorization, or to

It joined; the provisions of paragraphs 2 and 4 shall apply mutatis mutandis to these persons.

The provisions of paragraph 1 concerning the time limits for the submission of a reorganisation plan, and

the possibility of their extension applies to such persons mutatis mutandis.



§ 340



(1) the reorganisation plan always contains



and the Division into groups of creditors), specifying how it will be handled with the

the claims of creditors in each group,



b) determine how the reorganization,



(c)) the determination of measures to implement a reorganisation plan, in particular in terms of

the essence of the management of assets, and identifying persons that can

dispose of, including the extent of their rights to the management of it,



(d)) an indication of whether it will continue operation of the debtor's business or its

parts and under what conditions,



e) placing persons who will participate in the financing of reorganisation

the plan or take over some of the debtor's obligations or to ensure that their

meet, including the determination of the extent to which they are willing to do so,



f) indication of whether and how the reorganisation plan will affect employment in the

the debtor's business, and on the measures that should be in this direction

carried out,



g) indication of whether and what obligations to creditors after the debtor will have

the end of the reorganization.



(2) in a reorganization plan must also be mentioned, as is provided

meet the claims, in respect of which has not yet been terminated incidenční

the dispute, and the claims are bound to drop the condition, what is the amount of

designed to meet these claims, for each group of creditors, to the

that have been included, and what is the total of the above amounts intended to meet the

These claims under the reorganization plan.



(3) the reorganisation plan shall be drawn up so that the information contained in it

faithfully display the economic and legal options for the borrower.



(4) the particulars of a reorganisation plan shall determine the implementing legislation.



§ 341



(1) Reorganization can be made, in particular through the following measures:



and the claims of creditors, restructuring) of remission of part of the

the debts of the debtor including their accessories or delay their

maturity,



(b) the sale of the whole of the estate), or its part or sale

the debtor's business,



(c) the part of the debtor's assets) the release or transfer of those creditors

the assets of the newly established entity, in which lenders

shareholding,



(d)) merger of the debtor-legal entity with another person or transfer its

the assets of the partnership while maintaining or changing the rights of third parties,

admit-if the law on competition ^ 47),



(e) issuance of shares) or other securities of the debtor or the new

a legal person referred to in subparagraph (c)), or (d)),



(f) ensuring the financing of the operation of the debtor's) of the undertaking or its part,



(g)) of the incorporation document or change the articles of association or other documents

governing the internal conditions of the debtor.



(2) in a reorganization plan can be applied even more of the basic

the measures referred to in paragraph 1, if that's their nature.



(3) in the case of creditors, to whose rights intrudes reorganisation plan, in

a reorganization plan by indicating how much is their claim reduced

or after how long will it take to delay its due date, or

enforceability or what are the other interventions in the creditors ' rights.



(4) to change the data that is entered in the commercial

the register must be evident from the reorganisation plan what data are to be

deleted from the commercial register and what information newly registered.



§ 342



The reorganization plan must be based on the proposed type

reorganization accompanied by the following documents:



and the new wording of the incorporation document) or the articles of association or other

the document governing the internal conditions of the debtor, pursuant

reorganization plan may change,



(b) a statement of the persons willing to fund) the implementation of the reorganisation plan

or take over some of the debtors ' obligations or to ensure, with the

indication of the extent to which the statement relates; the Declaration must be

signed in manuscript and the authenticity of the signature on it officially verified,



(c) a statement of the debtor's spouse) that agrees with the use of the assets in the

the common property of the spouses, if it is to be under the reorganization plan this

assets were used; the Declaration must be signed and the authenticity of the manuscript

the signature on it officially verified,



(d)) if not by the reorganization plan, the debtor's declaration

debtor-natural person or the Declaration of unlimited ručících Associates

the debtor-legal persons about the willingness to continue the operation of the undertaking, which

assumes the reorganisation plan; the Declaration must be manually

the authenticity of the signature and signed it officially verified,



e) updated lists of assets and liabilities of the debtor on the date of submission of the

the reorganisation plan, creditors are to be uspokojováni from the operation

the debtor's business,



(f)) of the Treaty concluded with the storage condition on the approval of the drains

the reorganisation plan, the insolvency court,



(g)) list and description of significant contracts, to be under

reorganization plan after its approval by the insolvency court concluded.



§ 343



Report on the reorganization plan



(1) the submitter of the reorganization plan will include a report on the reorganisation

the plan, which must contain sufficient information about the proposal

reorganization plan. This report is part of the reorganisation plan or
his summary and evaluation of its impact on creditors.



(2) sufficient information referred to in paragraph 1 shall mean information,

that the creditor must know the specific groups to decide,

whether the reorganisation plan, in particular information about the implementation, in

What is the value of the individual groups of creditors. Such

However, the information is not information that the offeror may acquire only with

nepoměrnými, or information about the reorganization plan of another person

than the petitioner.



(3) the reorganization plan is submitted to the creditors in sufficient

ahead of the meeting of creditors, which is to decide on its adoption,

no later than 15 days before the date of the event. This message can be

to publish after it approved the insolvency court.



(4) the particulars of the report on a reorganization plan lays down detailed legal

prescription.



§ 344



(1) unless provided otherwise below, to discuss the reorganization plan and

the vote on its adoption occurs at a meeting of creditors, which is convened

just for this purpose. On the acceptance of the reorganisation plan, in such

If the vote in groups of creditors, provided for reorganization

the plan.



(2) the debtor and insolvency administrators delivers court summons

at the meeting of creditors referred to in paragraph 1 into your own hands with lessons about

the necessity of their participation.



(3) creditors ' meeting for discussion and adoption of reorganisation plan

Court not convene or has already convened any meeting of creditors cancels,

If outside the meeting of creditors voted for the acceptance of the reorganisation plan

It provided for each group of creditors or if a reorganisation

plan under this Act been adopted without a vote.



§ 345



(1) the adoption of a reorganisation plan, the creditors may vote outside

a meeting of creditors, and even before the filing of the application for authorisation of the reorganization

or even before the filing of insolvency, if you had the chance

to acquaint with the information that its content and scope correspond to the

the information that must be contained in the report about the reorganization plan;

This is without prejudice to the obligation to inform the debtor, whose valuable participating

securities are admitted to trading on a regulated market ^ 18).



(2) the results of the vote achieved outside of the creditors ' meeting is added to the

the results of the vote achieved at the meeting of creditors. If there is a discrepancy between the

by voting creditors outside the meeting of creditors, and its vote at the meeting

lenders, is considered the decisive vote on the creditor meeting

creditors; about insolvency creditor shall immediately notify the Court of this.



§ 346



Voting outside the meeting of creditors



(1) the creditors vote on the adoption of a reorganisation plan outside the meeting of the

the creditors after the commencement of insolvency proceedings, their voice shall take into account

only vote in writing, by submitting explicitly marked as

"Ballot", which must not contain any other procedural act, from

which is no doubt how they voted, and on which is officially verified

the authenticity of the signature, and if this submission containing all the

Essentials delivered to the Court not later than on the day of insolvency previous

a meeting of creditors; section 43 of the judicial code shall not apply.



(2) if the creditors Vote on the adoption of a reorganisation plan outside the meeting of the

the creditors before the commencement of the insolvency proceedings, their voice

account shall be taken only when the vote in writing, by submitting explicitly marked as

"Ballot", which must not contain any other legal act, from

which is no doubt how they voted, and on which is officially verified

the authenticity of the signature, and if this submission containing all the

Essentials delivered to the debtor not later than the last day of the period, which

the borrower has established for this purpose and known creditors in writing;

This time limit shall not be shorter than 15 days.



(3) that the creditor to vote outside the meeting of creditors cannot be

take account of the reasons referred to in paragraphs 1 and 2, the creditor shall immediately

It shall inform the



and insolvency administrator), in the case of voting after the opening of insolvency

management,



(b)), the debtor, in the case of a vote before the insolvency proceedings.



(4) ballot Essentials lays down detailed legal prescription.



section 347



(1) If, for the adoption of a reorganisation plan in favour of most of the

the voting creditors group, which claims to represent at least

half of the total nominal value of the voting creditors

the group, the Group of creditors of the reorganisation plan.



(2) in the case of a group of creditors referred to in section 335, this group

adopted a restructuring plan, if for its adoption in favour of

most of the members or the members of the borrower; for a borrower with a basic

capital must share these members or members of the debtor

at the same time represent at least two thirds of the share capital of the debtor.



(3) if the creditor more receivables classified into different groups, vote

through any such claims in these groups separately.



(4) the Group of creditors, whose claims are not reorganization plan

prejudice, is always considered a group reorganisation plan adopted;

Similarly, this applies to individual creditors of this group.



(5) If the creditor has accepted or rejected the candidacy of reorganisation plan

as a result of conduct that is in conflict with the law, or bypasses,

Court decides, if not yet approve the reorganisation

plan, even without the design and after hearing the voice of the lender

be taken into account. Decide if this voice about acceptance or rejection

a reorganisation plan, the Court shall order a new vote on the adoption of the

reorganization plan.



§ 348



(1) the Court shall approve the reorganisation plan, if



and) is in accordance with this Act and other legislation,



(b)) if it can be with regard to all the circumstances, reasonably assume that the

dishonest intention, is not being monitored



(c)), each group of creditors it has adopted or under section 347 paragraph. 4

It considers the group, which it has adopted,



(d)) every creditor according to him gets a filling, with a total current value

is the date of the effectiveness of the reorganization plan equal to or greater than the value of

the performance that would be received if the debtor's insolvency was solved

bankruptcy creditor, unless the recipient agrees with the lower discharge,



e) for the material nature and the claim equivalent

built or to be paid according to the reorganization plan

paid immediately after the reorganization plan becomes effective, unless the

It was between the borrower and the lender agreed otherwise competent.



(2) the Court may approve a reorganisation plan, even if it is not

the condition referred to in paragraph 1 (b). (c)), if the reorganisation

the plan has adopted at least one group of creditors, with the exception of the Group

creditors referred to in section 335. To do so, provided that the reorganisation

the plan ensures the equal treatment of each recorded claim under

each group of creditors, which it has not accepted, if in relation to any

such a group reorganisation plan is fair and if it can be with a view to

all the circumstances, reasonably assume that the approval and implementation of

reorganization plan will not lead to a further decline of the debtor or his

liquidation, liquidation, reorganization plan unless it is foreseen.



section 349



(1) a reorganisation plan shall be considered in relation to each group

secured creditors, which it has not accepted, for the fair, according to

it such a group to get lenders to ensure their claims the same

or a similar type of collateral, in the same order for the same or similar

the assets of the debtor, or the debtor's assets to another, at least the same

values, as set out on the date of the effectiveness of the reorganization plan and receive a

the performance, whose present value on the date of the effectiveness of the reorganization plan

will be equal to at least the value of the collateral provided for in the studies

opinion.



(2) unless otherwise provided, the reorganisation plan is considered to be in

relation to each group of unsecured creditors, which it has not accepted,

just, if it has any creditor classified into such

to obtain the implementation group, whose present value on the date of effectiveness of the

the reorganisation plan not less than the nominal value of the detected

receivables with interest to the date of the effectiveness of the reorganization plan, or

According to him, if any of the creditors, whose claim is subordinated to the

the claims of such a group, does not receive any benefits.



(3) the reorganisation plan shall be considered in relation to each group of creditors

referred to in section 335, which was not accepted by him, for the righteous, if it

each of these creditors to obtain the effective date of reorganization plan

at least such a performance, which he apparently received, if

the termination of the insolvency proceedings, in which the debtor's bankruptcy was dealt

bankruptcy, liquidation of the debtor was such.



(4) the condition referred to in paragraph 3 is satisfied, on the basis of

reorganization plan some group of unsecured creditors does not get

the performance, with a total present value on the date of effectiveness of the reorganisation
the plan is at least the same as the total nominal value of all identified

the claims of creditors listed in this group, including interest on these

receivables at the date of the effectiveness of the reorganization plan.



section 350



(1) against a decision on the approval of the reorganisation plan may submit

the appeal only from lenders who voted for rejection

reorganization plan.



(2) up to the decision of the Court for approval of reorganisation

the plan may be his promoter to take back. In this case, to

Since the reorganization plan to be taken into account.



(3) a reorganisation plan, the offeror may, pending the decision of the

the approval of the reorganisation plan, the reorganisation plan to add or change;

in that case, the creditors vote on the reorganization plan in the form after the

his addition or change. The meeting of creditors, which is a reorganization

a plan may decide, may be held not earlier than 15 days after the creditors

presented the text of proposed additions or changes to the reorganization plan.



Section 351



(1) are not met all the conditions for the approval of the reorganisation

the plan, the insolvency court rejects.



(2) against the decision to reject the reorganization plan may submit

the appeal of the debtor, the originator of this plan and creditors who voted

for its adoption.



(3) a person whose restructuring plan was rejected, it can bring again,

only if it has not yet expired deadline for its submission. This period may

Court in justified cases before the expiry of the

extended in the decision, which rejected a restructuring plan.



Episode 6



Implementation of the reorganisation plan



§ 352



(1) a reorganisation plan is effective as soon as a decision on its approval of the

has power, if the reorganization plan of its effectiveness

postponed to a later time or if its not decided later efficiency

the insolvency court.



(2) the decision on approval of a reorganisation plan is mandatory for all

participants in insolvency proceedings and for other persons whose rights and

without prejudice to the obligations of the reorganization plan are.



(3) the effectiveness of reorganization plan is lifted the prohibition on set-off of receivables

referred to in section 324, paragraph. 3.



section 353



(1) the effectiveness of the reorganization plan is entitled to dispose of the

the essence of debtor assets. This permission may be limited in

to other persons only the reorganisation plan; other restrictions, to

which by law or by decision of the Court in

course of the insolvency proceedings, the effect of the reorganisation

plan to cease to exist.



(2) the effectiveness of the reorganization plan From renewing the performance features of the General

meeting or meetings of the cooperative, if the reorganisation plan

does not imply anything else. The voting rights associated with the commercial share

securities or membership shall be exercised by the persons referred to in the reorganization

the plan under the conditions specified therein; If the reorganization plan following

the person is not listed or the conditions laid down have not been met,

is the person to whom this right belonged until now.



(3) the effectiveness of the reorganization plan is amended zakladatelský document

or the articles of association or other documents regulating the internal conditions of the debtor and the

the data which shall be entered in the commercial register or other register

legal persons, and that in a way that is listed in the reorganization

the plan. These facts shall be entered in the commercial register on the basis of the

the reorganization plan, which is stored in a collection of documents. The provisions of the

the legislation, which generally govern the way the changes of

the facts are not applicable.



§ 354



(1) the official receiver shall ensure that the acts were carried out

associated with the efficiency of the reorganization plan. The debtor to perform with

the permissions on the existing forwards the message to its activities, and performs other tasks

necessary to ensure that the debtor has the permissions to perform exercise

your permissions.



(2) in the course of the implementation of the reorganisation plan shall exercise the insolvency

the administrator overseeing the activities of the debtor. It focuses on the completion of the list

assets and liabilities in accordance with the State of the proceedings and on the registration activities of the debtor with the

the permissions to perform. On the results of their activities regularly, at least

However, once in 3 months, inform the Court and the creditor committee.



(3) the borrower with the perform permissions is required to inform

the insolvency administrator of their acts, on implementation of the

the reorganisation plan and about its other activities pursuant to the reorganisation

the plan. Reports about common tasks in business activity and report on the

the implementation of a long-term or recurring activities served collectively for

the periods of time laid down by decision of the reorganisation plan or

the insolvency court.



(4) If the debtor's possession are limited, carries out the

the insolvency administrator. If the reorganisation plan of legal acts, which

the debtor can perform only with the consent of the insolvency administrator, are these

acts void were made without this consent. If

limitation of the rights of the debtor's real estate registered in cadastre

real estate, it shall inform the official receiver of the appropriate land registry

the workplace.



§ 355



(1) Creditor Committee checks the implementation of reorganization plan

the borrower with the permissions to perform in the manner laid down in the

a reorganization plan, as well as on the basis of the reports of the insolvency administrator.



(2) the Creditor Committee may allocate in advance that some legal acts,

which are of fundamental importance, the debtor can perform with the privileges of the

only with his prior consent, even if not listed in the

a reorganization plan.



(3) the Creditor Committee is entitled to propose the above-mentioned measures

to correct the shortcomings found in their inspection activities,

including measures that lead to the completion of the reorganization.



section 356



(1) If this Act or the reorganization plan provides otherwise,

the efficiency of this plan shall cease all rights of creditors against the debtor, and

even in the case that his claim in insolvency proceedings

not logged in; for creditors of the debtor shall be the person referred to in

a reorganization plan under the conditions provided for therein, including the extent to

of their rights.



(2) the effectiveness of reorganization plan cease the rights of third persons to

the property, which belongs to the estate, and this right

the persons referred to in the reorganization plan under the conditions provided for therein,

If it is not in this Act or in the reorganization plan provides otherwise. It

also applies to assets that under the reorganization plan has to fall

a person different from the debtor. The right of third parties to the exclusion of things or

other assets of the estate shall remain unaffected.



(3) the rights of creditors against the debtor's co‑debtors and guarantors shall remain

reorganization plan intact.



(4) in order to effect reorganization plan cause, change or

the demise of the rights to the assets in the estate, can be necessary speeches will

acting persons included in the reorganization plan. If they are

a reorganization plan, without prejudice to the rights that will be entered in the register

real estate or to another list by specific legislation,

those rights shall be precisely identified in the reorganization plan.



§ 357



(1) the claim of the creditor of the credit financing, which was adopted by the debtor

with the permissions to perform or the official receiver after authorisation

reorganization in order to achieve its purpose, is the claim for the material

the essence of that will satisfy all other claims, with the exception of

expenses and remuneration of the insolvency administrator.



(2) if the lender of the loan financing, the person who had

priority to the provision under section 41, paragraph. 2, has its

the claim of credit financing of the same order as the claims

secured creditors, who his rights under section 41, paragraph. 2 missed.

Between the secured creditors of their rights under section 41, paragraph. 2

missed, the claim of the creditor of the credit financing in

the ratio in which at the date of granting of the credit financing to each other

the value of each other's things, rights and receivables to ensure

the claims of secured creditors, set by expert opinion.



(3) Claims referred to in paragraph 1, which according to the reorganization plan should

be paid to the completion of the reorganization, and for which payment has not been

for the renewed decline of the borrower, which occurred within 2 years after the end of

reorganization, have in the new insolvency proceedings, the same position as in the

the main insolvency proceedings.



§ 358



(1) the issue of securities on the basis of an approved reorganization plan

It is not a public offer of securities.



(2) the person the head of book-entry securities register performs

the changes in the register on the basis of an approved reorganization

the plan, based on the application of the debtor or any other person, that

such change applies.



§ 359



The claim, which is in insolvency proceedings do not satisfy (section 170),

the adoption of a reorganisation plan shall expire, unless it is a non-contractual penalties

affecting the debtor's assets or if it is not in the reorganization plan
otherwise noted. Introducing receivables according to the first sentence in the

reorganization plan may involve a reduction in their amount, delay their

maturity date or other interference with the rights of creditors; introducing these

claims must be listed explicitly in the reorganization plan, with the exact

defining the scope and the conditions of their satisfaction.



§ 360



(1) After the effectiveness of the reorganization plan against the debtor may be required and

perform a execution of the decision or execution for the recovery of claims, as set out

a reorganization plan. However, if this claim can be negated, performance

the decision or execution result only in the case of the decision

the findings of this Court on the claims; This decision must

be accompanied by a proposal.



(2) the provisions of paragraph 1 shall also apply to the enforcement of a decision or execution

against the third party, who took over on the basis of the reorganisation plan

the obligation for the debtor or next to it.



§ 361



(1) an applicant may propose its reorganization plan, the change in

which is the purpose of the reorganization is to be more feasible. In the proposal

describe the purpose of the amendment, the proposed method of implementation and impact of the changes on the

each of the original group of creditors, and to the new lender.



(2) the draft reorganisation plan shall publish the changes to the insolvency court

insolvency register and on the costs of the petitioner shall deliver it separately

the original and new creditors. At the same time provides a time limit within which the creditors of the

may reject the plan changed. This time limit shall not be shorter than 30 days

from the date of receipt of the draft amendments.



(3) to discuss a draft amendment to reorganization plan directs the insolvency

the court hearing, to be held not later than 15 days after the expiry of the

the time limit referred to in paragraph 2, but not earlier than on the day following the expiry of the

This period.



(4) The approval of an amendment shall require the consent of reorganisation plan



and all of the groups of the original lenders),



(b)) most of the new creditors, whose claims are referred to in

reorganization plan secured



(c)) most of the new creditors, whose claims under reorganisation

the plan is not secured, and



(d) the majority of the members of the borrower) or other legal persons that

under the reorganization plan went over the debtor's assets.



The provisions of section 347 applies mutatis mutandis

.



(5) Applies, that the lenders who, within the period referred to in paragraph 2 or in the negotiations

referred to in paragraph 3 did not express opposition to the proposed change in the plan,

changing agrees.



(6) the amended reorganisation plan approved by the Court, if it

approved lenders in accordance with paragraph 4, or if it was approved by the

in accordance with paragraph 5.



(7) if the court approves the plan, the amended version of the insolvency

remains an effective reorganisation plan approved previously.



Episode 7



The end of reorganization



§ 362



(1) the Court shall revoke the decision to approve reorganisation plan

within 6 months from its effectiveness, if it finds that some creditors were

provided with special benefits, without having the other creditors of the same group

agreed, or that the approval of the reorganisation plan has been achieved

fraudulently.



(2) the Court shall revoke the decision to approve reorganisation plan

within 3 years from effectiveness if the debtor, its statutory authority

or a member of the statutory body been sentenced for an intentional crime

the Act, which has achieved the approval of the reorganisation plan or substantially

shortened the lender.



(3) if the Court decides about the cancellation of the reorganization plan, the

lenders without further demand satisfaction of claims and other rights,

which had before its approval. The rights of creditors and third persons, based

a reorganisation plan shall not prejudice; If necessary, it shall take

the insolvency court measures to protect the legitimate interests of creditors.



§ 363



(1) the Court shall decide on the conversion of reorganization in bankruptcy,

If



and the reorganization has been enabled on) a proposal of the debtor and its conversion in the

bankrupt after this authorisation he suggested,



(b)), the beneficiary or the person designated by the meeting of creditors does not build in

the prescribed period even after its reorganisation plan possible extension

the insolvency court or submitted a restructuring plan to take back, and

30 days will not be filed on the convening of a meeting of creditors for the purpose of

the decision about which the other person has a priority right to assemble

the reorganisation plan or this other person does not build in due time

the reorganisation plan or take it back,



(c) the Court did not approve) reorganisation plan and beneficiaries

expiry of the period for its submission,



(d)) during the implementation of the reorganisation plan, the debtor does not comply with its

substantive obligations laid down in this plan, or where it is shown that the

a substantial part of this plan will not be able to perform,



(e)) the debtor does not pay the interest duly and on time in accordance with section 171, paragraph. 4, or in the

significant scale fails to meet his payment obligations, other payable



(f)), the debtor after the approval of the reorganisation plan, has stopped doing business, although

under the reorganization plan, or had a business



(g)) the debtor after the approval of the reorganisation plan has not settled the claims for

the essence of the estate and built them on a par with claims under section 348

paragraph. 1 (a). (e)).



(2) on the conversion of reorganization in bankruptcy in the cases referred to in paragraph 1

(a). and (c))) Decides to court without a hearing. Its decision

specifically, the claimant shall deliver to the debtor reorganization, insolvency

the administrator and the creditor Committee; These persons can against this decision

to lodge an appeal.



(3) on the conversion of reorganization in bankruptcy pursuant to paragraph 1 (b). (d) to (f)))

Court will decide after the hearing, which summons all the persons

referred to in paragraph 2; for these persons, the decision of the Court

delivered separately and may lodge an appeal against it.



(4) on the conversion of reorganization in bankruptcy court cannot

decide if the reorganisation plan has been substantially

fulfilled.



(5) the decision of the court thereon a reorganization in bankruptcy

occur effects associated with a declaration of bankruptcy, if the Court

in its decision, unless otherwise provided in the conditions of the conversion differently. This

the decision also lifted the prohibition of set-off referred to in section 324

paragraph. 3.



§ 364



(1) in the course of the implementation of the reorganisation plan, the insolvency Court notes

Note or discuss the news of the insolvency administrator and the creditor Committee

about his performance. Other measures, in particular measures to ensure compliance with the

the reorganisation plan, be carried out only when they are proposed.



(2) the fulfilment of the reorganisation plan or its relevant parts shall take

the insolvency court to note the decision, which ends with the reorganization;

against this decision is not appealable.



(3) after completion of the reorganization of the Court shall decide on the remuneration

the insolvency administrator and its cost.



Title III



Special provisions on the exclusion of the effects of the Act



section 365



(1) the provisions of this Act do not affect the validity, effectiveness or

the enforcement of the obligations of the debtor, which is a participant in the payment system

with the finality of settlement or a participant in the foreign payment

system with the finality of settlement, under the conditions laid down by law

governing the payments.



(2) the provisions of this Act do not affect the validity, effectiveness or

the enforcement of the obligations of the debtor, which is a participant in the settlement

system with the finality of settlement or a participant in the foreign

settlement system with the finality of settlement, under the conditions

laid down by law governing the capital market business.



section 366



(1) the provisions of this Act do not affect the right to ensure that

the borrower has provided, in the case of



and) ensure the provided by the Czech National Bank, the European Central Bank,

the Central Bank of the Member State of the European Union or Central Bank

the State belonging to the European economic area,



(b)) financial security under the law relating to financial collateral or

the comparable foreign legislation, if the financial

ensure it was agreed and established prior to the commencement of the insolvency proceeding,

even in the case that the financial collateral has been agreed upon or in

the day of commencement of insolvency proceedings, but only after the fact

occurred, unless the recipient of the financial collateral for such facts

He knew or should have known and might; the fact that the opening of insolvency

the procedure was published in the insolvency register, by itself, does not mean

about the initiation of insolvency proceedings the recipient knew the financial collateral

or know he could.



(2) the provisions of this Act do not affect the final settlement by

the law governing the capital market business ^ 50), if

the final settlement was concluded before the commencement of the insolvency proceedings.



(3) Paragraph 1 (b). (d)) and paragraph 2 shall not prejudice the provisions of this

the law on invalidity of unenforceability of legal acts and legal acts without

reasonable consideration of the legal acts intentionally grow, legal

acts and legal acts of the debtor in favour, made in violation of the

with the restrictions laid down in the wake of the effects associated with the launch of

the insolvency proceedings.
Title IV



The decline of financial institutions



Part 1



The decline of banks, credit unions, and certain foreign

banks



Section 1



General provisions



Section 367



(1) the provisions of this part apply the relevant provisions of the European

Community ^ 51) and apply on the decline



Bank and thrift) and credit cooperatives after the lapse of the licence

or authorisation in accordance with the specific legislation governing their

activities,



(b) a foreign bank operating on) the territory of the Czech Republic on the basis of the

the single licence according to special legal regulation ^ 52),



(c)) of the branch of foreign bank other than those referred to in point (a) (b)).



(2) a person referred to in paragraph 1 (b). (b)) is in decline, if it is carried out



and collective proceedings opened and) tracked the administrative or judicial

authorities of the Member State of the European Union or of the other State forming

The European economic area, which aims to sell assets under the supervision of the

or the supervision of those authorities, including where the proceedings are terminated

phase or other analogous measure,



(b)) the measures whose purpose is to preserve or restore the financial

the situation of the person and that may have an impact on existing rights of third

persons, including measures involving the possibility of a suspension of payments,

the suspension of the receivables, the postponement of measures related

with the power of decision or the execution or reduction of claims.



(3) when the procedure provided for in this part shall apply, unless otherwise specified and

If the decline of the persons referred to in paragraph 1 (b). and (c))), whether or not the provisions of the

other parts of the Act and the provisions of other heads of other law,

with the exception of the provisions governing the moratorium, the reorganisation and

debt relief.



Section 2



The decline of the Bank, thrift and credit cooperatives after the withdrawal of the license, or

the authorisation and the decline of the branch of a foreign bank specified in § 367, paragraph. 1

(a). (c))



§ 368



Insolvency proposal



(1) the Insolvency application is made, the authority which is competent to exercise supervision

or supervision over the activities of the persons referred to in section paragraph 367. 1 (hereinafter referred to as

"the supervisory authority or supervision"). This is without prejudice to the provisions of section 97. In

the supervisory authority or supervision the proposal shall indicate the decisive fact that

certify the decline of the debtor, and attach to the proposal documents to prove its

the allegation.



(2) the advance payment on the costs of the insolvency proceedings of the supervisory authority or

supervision does not.



(3) the insolvency of the Bank, thrift and credit cooperatives and the decline of the branch

foreign banks listed in section 367, paragraph. 1 (a). (c)) can only be addressed

the bankruptcy.



§ 369



(1) the insolvency proceedings shall not affect the rights in rem of creditors or third

persons to tangible or intangible, movable or immovable assets belonging

the debtor, including the files exactly unspecified assets, which

composition changes over time, that at the time of the bankruptcy decision

located on the territory of another Member State of the European Union or another

State forming the European economic area; in particular, does not affect the



and the right to monetize assets) or let it monetize and satisfy from the

proceeds of or income from those assets, in particular on the basis of the

Lien,



(b)) the exclusive right to the implementation, in particular in ensuring the right of lien to

the claim or by assignment of the claim,



(c)), the right to demand the assets or compensation from any person,

who holds assets or used against the will of the persons concerned,



(d) the right to enjoy the fruits).



(2) insolvency proceedings



and) does not affect the seller's rights arising from the reservation of title

rights against the debtor as to the purchaser, if at the time of the Declaration

bankruptcy assets, to which the reservation relates, located on the territory of another

the Member State of the European Union or of a State constituting the European economic

space,



(b)) is not a reason for withdrawal from the contract, in which the debtor is

the seller and the goods have already been delivered to the buyer, or for their

such purchase contract, and shall not prevent the purchaser from acquiring title

If at the time of bankruptcy on property which is the subject of

sales, located on the territory of another Member State of the European Union or

the next State forming the European economic area,



(c)) does not affect the right of creditors to demand the set-off against a claim

of the debtor, if this set-off permitted by the law, which are governed by the

the claim of the debtor.



(3) the provisions of paragraph 1 shall not affect the right to submit reasons

creditors claim about the determination of invalidity or unenforceability

the legal act or the right to contradict the legal act.



(4) for the purposes of the provisions of paragraph 1, a right shall be considered a right in rem

recorded in a public list, which according to special legal regulation

certifies the existence of such rights, and effective against third parties.



section 370



Information to the supervisory authorities or supervision and the public



(1) the Court through the supervisory authority or supervision

informs you about the release of the decision of the bankruptcy and the bankruptcy of the

the assets of the Bank or a savings and credit cooperative societies supervisory authority or

supervision in the States in which the debtor carries on its activity on

basis of a single licence according to special legal regulation ^ 53),

before the publication of the decision on the bankruptcy and bankruptcy in

Insolvency Register, and if this is not possible, immediately thereafter. Information

must contain a warning of the possible consequences of the decision of the bankruptcy and

a declaration of bankruptcy. Insolvency administrator without undue delay shall ensure

disclosure of the essential parts of the bankruptcy decision and Declaration

Bankruptcy (hereinafter referred to as "elevator") in the official journal of the European Union and at least

in 2 national newspapers in each State, on whose territory the debtor

cooperative business or pursued its activities through a branch or

basis of a single licence according to special legal regulation ^ 51).



(2) Elevator contains



and the designation of the debtor) the information necessary to identify,



(b)) information about the fact that the Court found, according to Czech law

the insolvency of the debtor and the debtor's assets in bankruptcy said,



(c)) date of issue decision on bankruptcy and bankruptcy,



(d) in the event of the bankruptcy of the Bank), or the savings and credit cooperatives

information about the fact, that the claims of creditors arising from accounting

the debtor is considered to be logged, as lenders will individually

informed within 60 days from the Declaration of bankruptcy, and information on

the procedure according to § 373 paragraph. 4 and 5, including the placing of time limits and the day on which the time limit

expire,



(e) the designation of the Court of the registered office),



(f) the insolvency administrator) mark the information necessary for its identification.



(3) the lift must be taken in the Czech language and must be accompanied by lyrics

"Invitation to lodge a claim. Observe the time limits! "and" invitation to submit

objections in respect of the claims. Observe the time limits! "translated into all

the official languages of the European Union and other States that make up the European

economic area.



(4) the effects of the moratorium, the bankruptcy decision or decisions

How to troubleshoot a decline, including the effects on the rights and obligations of third

persons, without regard to the fulfilment of the reporting obligations under

paragraphs 1 to 3 in all the States of the European Union and the European

economic space from the moment occurred in the Czech Republic.



(5) the Court which issued the decision about bankruptcy and Declaration

bankruptcy on the assets of the branch of a foreign bank specified in § 367, paragraph. 1

(a). (c)), through the competent supervisory authority or

supervision of such decision, the supervisory authorities or supervision in the Member

States of the European Union and other States that make up the European economic

the space in which the debtor has an organizational folder before

the publication of the decision in the insolvency register, and if it is not

possible, without delay; This information contains warnings on

the possible consequences of the decision taken.



(6) the Court and the liquidator shall endeavour to coordinate their

activities with the competent authorities in the Member States of the European Union and

other States that make up the European economic area in which it has

the debtor business folder.



(7) the supervisory authority or supervision of the insolvency administrator is entitled to

request information relating to insolvency proceedings.



§ 371



Progress report on the insolvency proceedings



The official receiver shall regularly, at least once a year,

publish a report in an appropriate manner for the creditors and the public about the procedure

the insolvency proceedings. The message must be reconciled to the creditor committee.



section 372



The insolvency administrator



(1) the liquidator may, with the consent of the insolvency court to determine

the person representing him in the exercise of powers under this Act to

the territory of another Member State of the European Union and the European economic

space.



(2) the official receiver shall exercise its powers in accordance with this Act and the

the territory of the other Member States of the European Union and other States that make up

The European economic area with the exception of the use of coercive means

or other use of force and binding powers to decide disputes or other

the proceedings, which are the competent courts, the administrative authorities or other authorities
of that State. The same applies mutatis mutandis to the persons referred to in paragraph 1.



(3) the official receiver shall carry a certified copy of the decision on the

its provisions with a translation into an official language of the State concerned, if there is

required; According to options exercises its powers under this Act, and

on the territory of third States.



(4) in the exercise of its powers on the territory of the Member States of the European Union and

other States that make up the European economic area, the insolvency

the administrator controls the legal order of the State, in particular concerning the procedures for the

the sale of assets and the provision of information to employees.



(5) If the law of that State, or if it is

required to successfully promote the rights of the creditors, the insolvency administrator is

obliged to apply to the indication of the bankruptcy decision, or a decision on the

How to troubleshoot a decline was registered in the cadastre, in the business

register or in another public list or register. The cost of the

the acquisition of registration are a claim on the property.



§ 373



Findings of the receivables and Payables in the accounts of the debtor



(1) the claims of creditors arising from debtor's accounts are

for logged-in under this Act. The moment you log on accounts receivable is

a declaration of bankruptcy.



(2) the official receiver shall, without undue delay, no later than

However, within 60 days from the date of the bankruptcy, send to each creditor

in accordance with paragraph 1 of the notice, stating



and that the property of the person), referred to in paragraph 1, has been declared bankrupt,



(b) the amount of the claim of the creditor) for this person, the fact that

This is his claim be deemed declared, and, where appropriate,

the nature of his claims, in particular, whether it is a creditor with a claim

for the material nature (article 168), a creditor with a claim on a par with

built for the material essence of a claim (section 169) creditors with

claim to the right to the satisfaction of the creditor's claim on the collateral, with the

otherwise, the secured creditor's claim, with the child (section 172 (2))

or if the claim is connected with the subject to ownership of the subject of performance

of the situation; the amount of the claim shall be entitled

the lender's claim for compensation for the insured of the deposit insurance fund,

from the guarantee fund, securities dealers, Hedge Fund

credit unions under a special legal regulation, or from other

persons filling a similar purpose; the amount of the claim of the creditor against these persons, however,

the notice must be clear, even if the payment of the refund has already occurred,



c) in what way, the period within which, and to whom you can apply to the

the amount of the claim, what are the consequences of the fruitless expiry of this period, and

information on the procedure for the case that there is no agreement on the amount of or

the nature of the claim,



(d)) the place and date the creditors ' meeting,



(e)) the way in which creditors will be further informed,



(f) any other measures.)



(3) Creditors who have a registered office, headquarters, domicile or the place where the

usually resides in a Member State of the European Union or of another State

appearing in the European economic area, to be sent to the insolvency administrator

the notification referred to in paragraph 2 in the Czech language, bearing the heading "invitation to

the presentation of objections in respect of the claims. Observe the time limits! "translated into

all the official languages of the European Union and other States that make up the European

economic area.



(4) a creditor who does not agree with the amount of your claim or the nature of the

the claims referred to in the notice referred to in paragraph 2 may be against it in

a period of 4 months from the date of bankruptcy to apply for insolvency

the administrator of an objection; If they do so, with the particulars listed in

Notice agrees. In the period of 3 months from the date of the publication of an extract from

the decision on the Declaration of bankruptcy in the official journal of the European Union may

the creditor may exercise an objection that was not delivered to the notification referred to in paragraph

2. the opposition shall indicate the amount of their claims against the debtor on the date of Declaration

the bankruptcy of the debtor's assets. The objection shall be officially certified copies

any documents, which certify in opposition to the alleged amount, date of

and the nature of the claim, in particular, whether it is a claim for the material

the essence of the (section 168), a claim shall be assimilated to receivable for the built

the essence of the estate (section 169), with the right to satisfaction of the claim of

ensure the claim otherwise secured, or whether it is a child of the

the claim (section 172 (2)), and indicate possible reservation of ownership.



(5) a creditor who has his registered office, headquarters, domicile or the place where the

usually resides in a Member State of the European Union or of another State

appearing in the European economic area, he may lodge an objection under

paragraph 4 in the official language of the State concerned. In the case referred to in the first

sentence of paragraph 4 must be fitted with the heading "submission of the objection, the objection

against the amount of the claim "in the Czech language. In the case referred to in the second

sentence of paragraph 4 must be fitted with the heading "lodgement of claim

claims "in the Czech language. If the contents of his objections clear, insolvency

the administrator account to it, even when it is not fitted with the specified header. To

He later applied the official receiver may not take into account the opposition,

unless it is obvious, that the claim was timely delivered to the authority, which had

the obligation to deliver it. The official receiver may require that the creditor

file a translation into the Czech language's objections.



(6) the lender, which filed an objection in accordance with paragraph 4 and to the 2

months after the expiry of the period referred to in paragraph 4 of the agreed with the insolvency

the administrator in writing of the amount or the nature of its claim, may apply

your right to sue on the determination of the insolvency court within 3 months after the

the deadline for written agreement; as for the incidenční dispute. In the absence of

the action in that period, to the above-mentioned claim is beyond the

the information given in the accounts of the debtor shall be disregarded.



(7) if the Court upheld the lawsuit to determine under paragraph

6, the official receiver is required to pay an amount to the estate

corresponding to the costs of the dispute, which were covered; If they do so

voluntarily, you may meet this obligation to demand action, any of the

the lenders. The obligations referred to in the first sentence, the official receiver shall release,

If it proves that the actual amount or the nature of the claims did not know

and even while incurring professional care to know.



(8) On the deposit insurance fund, hedge fund credit unions and

The guarantee fund of securities dealers seen as logged on

the creditors of the debtor to claim the amount laid down specific legal

the code. For the logged-on the creditor shall be deemed also to foreign person

which provided compensation for the claims for the debtor in respect of the like

deposit insurance or assets of the customer according to the law of the Member State

The European Union or of another State, forming the European economic area

and that for this reason, the claim passed.



section 374



cancelled



Section 375



The essence of the mortgage



(1) If a debtor Bank that has withdrawn the license, assets used

to cover the mortgage, according to a special legal

the regulation constitutes the essence of the mortgage.



(2) the nature of the mortgage proceeds at any time to satisfy the cost

associated with the Administration and the mortgage and the zpeněžováním after her

liquidation of debts of the owners of mortgage bonds. Left over after

satisfy such claims part of the proceeds of liquidation of the mortgage,

in the Schedule shall apply to other claims. It is not sufficient to

the proceeds of the liquidation of the mortgage nature to satisfy claims of the owners

mortgage bonds in full, satisfy these claims

fairly. Unsatisfied portion of claims, when the schedule will

other receivables.



§ 376



The judicial or administrative authority in the Member State of the European Union or other

State forming the European economic area, on whose territory the Bank or

savings and credit cooperative society carries out its activities, it may take

measures under section 367, paragraph. 2 (a). (b)) only with effects on the territory of their

State.



Section 3



The decline of foreign banks doing business in the territory of the Czech Republic on the basis of the

single license



§ 377



Take action under section 367, paragraph. 2 can the competent authority of the State only

The European Union or of another State, forming the European economic area,

in which the Foreign Bank received permission on the basis of

carries out its activity on the territory of the Czech Republic. The effects of the measures, including

the effects on the rights and obligations of third parties, are recognized from the moment

effect in the State in which the measure was adopted, regardless of

to meet any reporting obligations.



Section 378



(1) the person performing the action under section 367, paragraph. 2 and its possible

Representative (hereinafter referred to as "foreign insolvency administrator") shall demonstrate their

the provisions of the certified copy of the decision on the provisions issued by the

the competent administrative or judicial authority of the Member State of the European Union

or another State, forming the European economic area. Higher verification

a copy is not required, however, you can request its translation into the Czech language.
(2) the Foreign insolvency administrator is empowered to exercise its powers

According to the legislation of the State in which it was established; the performance of these

powers on the territory of the Czech Republic must not include the use of law enforcement

funds or other use of force and authority to make decisions binding disputes

or other proceedings to which the competent courts, the administrative authorities or

other authorities of the Czech Republic. In accordance with these laws is

a foreign assignee be entitled to in the course of proceedings under this

law, appoint persons to assist him or to represent it.



(3) in the exercise of its powers on the territory of the Czech Republic with foreign

insolvency administrator controls the legal order of the Czech Republic, in particular concerning the

procedures for the sale of assets, obligations of the registration in the land register,

commercial register or other public list or register, and

When providing information to employees.



(4) the Foreign liquidator or any administrative or judicial

authority of the Member State in accordance with § 377 may request that information about the decision on the

bankruptcy or of the decision on how to resolve the decline was registered in the cadastre

real estate, in the commercial register or in another public list or

the register. The acquisition cost of the registration are a claim on the assets

the essence of.



Part 2



Bankruptcy of insurance undertakings and reinsurance undertakings carrying on their activity in domestic

on the territory of the Czech Republic



Section 1



General provisions



section 379



(1) the provisions of this part apply the relevant provisions of the European

Community ^ 54) and apply on the decline



and domestic insurance companies and domestic) the reinsurance undertaking after they were withdrawn

authorisation in accordance with the specific legislation governing their

activity,



(b) the branch of the insurance undertaking) from the third State, after it was withdrawn

authorisation under special legislation ^ 55),



(c)) of the branch insurance companies of another Member State of the European Union

carrying on insurance business in the territory of the Czech Republic on the basis of the

the right to establish branches in the extent to which it has been granted the authorisation

to the operation of the business of insurance in the State of its registered office ^ 56).



(2) a person referred to in paragraph 1 (b). (c)) is in decline, if it is

carried out



and collective proceedings) is a part of the sale of the assets of the insurance undertaking, and

the distribution of the proceeds among the creditors, shareholders or members as appropriate,

inevitably, any intervention involving the administrative or judicial

authorities of the Member State of the European Union or of the other State forming

The European economic area, including in cases where collective management

completed phase or other analogous measure, regardless,

whether it is or is not due to insolvency, or whether it is voluntary

or mandatory,



(b)), including measures any intervention by administrative or judicial

authorities of the Member State of the European Union or of the other State forming

The European economic area, the purpose of which is to preserve or restore the

the healthy financial situation of the person and that may have an impact on the already existing

third parties ' rights, including measures involving the possibility of a suspension

the suspension of payments, receivables, postpone the measures

related to the performance of a decision or execution or reduction

the claims.



(3) when the procedure provided for in this part shall apply, unless otherwise specified,

whether or not the provisions of the other parts of the Act; If the decline of the persons referred to in

paragraph 1 (b). and (b))), with the exception of the provisions governing the

the moratorium, reorganization and debt relief.



Section 2



The decline of the insurance undertaking or of the reinsurance undertaking, domestic and domestic branch offices

the insurance undertaking from a third State after the withdrawal of the authorisation



section 380



(1) the Bankruptcy proposal on the persons referred to in section 379, paragraph. 1 (a). and) and

(b)), the supervisory authority, which grants permits for the operation of the activity

under special legislation ^ 57) (hereinafter "the supervisory authority"). By

is without prejudice to the provisions of section 97. In the proposal of the supervisory authority shall indicate the decisive

the fact that the insolvency of the debtor, and it attests to the design joins

documents to support their claims.



(2) the advance payment on the costs of the insolvency proceedings shall be the supervisory authority does not.



§ 381



(1) the insolvency proceedings shall not affect the rights in rem of creditors or third

persons to tangible or intangible, movable or immovable assets belonging

the debtor, including the files exactly unspecified assets, which

composition changes over time, that at the time of the bankruptcy decision

located on the territory of another Member State of the European Union or another

State forming the European economic area; in particular, does not affect the



and the right to monetize assets) or let it monetize and satisfy from the

proceeds of or income from those assets, in particular on the basis of the

Lien,



(b)) the exclusive right to the implementation, in particular in ensuring the right of lien to

the claim or by assignment of the claim,



(c)), the right to demand the assets or compensation from any person,

who holds assets or used against the will of the persons concerned,



(d) the right to enjoy the fruits).



(2) insolvency proceedings



and) does not affect the seller's rights arising from the reservation of title

rights against the debtor as to the purchaser, if at the time of the Declaration

bankruptcy assets, to which the reservation relates, located on the territory of another

the Member State of the European Union or of a State constituting the European economic

space,



(b)) is not a reason for withdrawal from the contract, in which the debtor is

the seller and the goods have already been delivered to the buyer, or for their

such purchase contract, and shall not prevent the purchaser from acquiring title

If at the time of the Declaration of bankruptcy, the assets which are the subject of

sales, located on the territory of another Member State of the European Union or

the next State forming the European economic area,



(c)) does not affect the right of creditors to demand the set-off against a claim

of the debtor, if this set-off permitted by the law, which are governed by the

the claim of the debtor.



(3) the provisions of paragraph 1 shall not affect the right to submit reasons

creditors claim about the determination of invalidity or unenforceability

the legal act or the right to contradict the legal act.



(4) for the purposes of the provisions of paragraph 1, a right shall be considered a right in rem

recorded in a public register and enforceable against third parties.



section 382



Information to the supervisory authority and the public



(1) the Court shall inform the supervisory authority through the issue of

the decision about bankruptcy and bankruptcy on the assets of the persons referred to in

section 379, paragraph. 1 (a). and) the supervisory authorities of all the Member States of the European

the Union and all the other States that make up the European economic area, and

before the publication of the decision on the bankruptcy and bankruptcy in

Insolvency Register, and if this is not possible, immediately thereafter. Information

must contain a warning of the possible consequences of the decision of the bankruptcy and

a declaration of bankruptcy.



(2) the Insolvency administrator without undue delay shall ensure the publication of the

an extract from the decision about bankruptcy and bankruptcy in the official journal of the

Of the European Union. The lift shall be published in the Czech language.



(3) Lift contains



and the designation of the debtor) the information necessary to identify,



(b)) information about the fact that the Court found, according to Czech law

the insolvency of the debtor and the debtor's assets in bankruptcy said,



(c)) date of issue decision on bankruptcy and bankruptcy,



(d) the designation of the Court of the registered office),



(e) the insolvency administrator) mark the information necessary for its identification.



(4) the Court shall inform the supervisory authority through the issue of

the decision about bankruptcy and bankruptcy on the assets of the branch

insurance of a third State, the supervisory authorities of all the Member States

The European Union and all other States that make up the European economic

space, and before the publication of the bankruptcy decision and Declaration

bankruptcy in the insolvency register, and if this is not possible, immediately thereafter.

Contains information and warnings on the possible consequences of the decision of the bankruptcy and

for a declaration of bankruptcy. Court, the official receiver and the authority

surveillance shall endeavour to coordinate their activities with the competent authorities in the

the other Member States of the European Union and other States that make up the

The European economic area, in which the insurance undertaking from a third State

branch.



(5) the supervisory authority shall be entitled to require from the insolvency administrator

information relating to insolvency proceedings.



§ 383



Progress report on the insolvency proceedings



(1) the official receiver shall regularly, at least once

each year, publish a report in an appropriate manner for the creditors and the public about the

the procedure of the insolvency proceedings. The report must be approved by the creditor

by the Committee.



(2) the supervisory authority is required to provide on request, information about the procedure

insolvency proceedings, the insolvency administrator, provided by the authority

supervision of another Member State of the European Union or the State of being

The European economic area.



section 384



The insolvency administrator



(1) the liquidator may, with the consent of the insolvency court to determine

the person representing him in the exercise of powers under this Act to

the territory of another State.



(2) the official receiver shall exercise its powers in accordance with this Act and the
the territory of the other Member States of the European Union and other States that make up

The European economic area with the exception of the use of coercive means

or other use of force and binding powers to decide disputes or other

the proceedings, which are the competent courts or administrative authorities of the

State. The same applies mutatis mutandis to the persons referred to in paragraph 1.



(3) the official receiver shall carry a certified copy of the decision on the

its provisions with a translation into an official language of the State concerned, if there is

required; According to options exercises its powers under this Act, and

on the territory of third States.



(4) in the exercise of its powers on the territory of the Member States of the European Union and

other States that make up the European economic area the insolvency

Administrator complies with the law of that State, in particular concerning the procedures for the

the sale of assets and the provision of information to employees.



(5) If the law of that State, or if it is

required to successfully promote the rights of the creditors, the insolvency administrator is

obliged to apply to the indication of the bankruptcy decision, or a decision on the

the Declaration of bankruptcy has been entered in the land register, in the business

register or in another public list or register. The cost of registration

they are a claim on the property.



section 385



Findings of the receivables and Payables in the accounts of the debtor



(1) the claims of creditors arising from debtor's accounts are

for logged-in under this Act. The moment you log on accounts receivable is

a declaration of bankruptcy.



(2) the official receiver shall, without undue delay, no later than

However, within 60 days from the date of the bankruptcy, send to each creditor

in accordance with paragraph 1 of the notice, stating



and that, on the assets of the people) referred to in section 379, paragraph. 1 (a). and (b)) or) was

declared bankrupt,



(b) the amount of the claim of the creditor) for this person, the fact that

This is his claim be deemed declared, and, where appropriate,

the nature of his claims, in particular, whether it is a creditor with a claim

for the material nature (article 168), a creditor with a claim on a par with

built for the material essence of a claim (section 169) creditors with

claim to the right to the satisfaction of the creditor's claim on the collateral, with the

otherwise, the secured creditor's claim, with the child (section 172 (2))

or if the claim is connected with the subject to ownership of the subject of performance

of the situation,



c) in what way, the period within which, and to whom you can apply to the

the amount of the claim, what are the consequences of the fruitless expiry of this period, and

information on the procedure for the case that there is no agreement on the amount of or

the nature of the claim,



(d)) in the case of insurance claims, the effects of insolvency proceedings on the

the insurance contract on the basis of this receivable arose, in particular

the date of the dissolution of the effectiveness of the insurance contract, including the rights and obligations of the

the insured person or the insured person arising from this contract,



(e)) the place and date the creditors ' meeting,



(f)) the way in which creditors will be further informed,



(g) any other measure).



(3) Creditors who have a registered office, headquarters, domicile or the place where the

usually resides in a Member State of the European Union or of another State

appearing in the European economic area, to be sent to the insolvency administrator

the notification referred to in paragraph 2 in the Czech language, which bears the heading

"Invitation to submit objections in respect of the claims. Observe the time limits! "

translated into all the official languages of the European Union and other States

that make up the European economic area. If, however, the claim of the

insurance, the lender must send to the Official Receiver a notice referred to in

paragraph 2 in the official language or one of the official languages of the Member

State of the European Union or other States that make up the European economic

the space where the creditor has its registered office, headquarters, domicile or the place where the

usually resides.



(4) a creditor who does not agree with the amount of your claim or the nature of the

the claims referred to in the notice referred to in paragraph 2 may be against it in

a period of 4 months from the date of bankruptcy to apply for insolvency

the administrator of an objection; If they do so, with the particulars listed in

Notice agrees. In the period of 3 months from the date of the publication of an extract from

the decision on the Declaration of bankruptcy in the official journal of the European Union may

the creditor may exercise an objection that was not delivered to the notification referred to in paragraph

2. In the complaint shall state the amount of their claims for a person referred to in section 379, paragraph.

1 (a). and (b)) or on the date of bankruptcy) to this person. To the opposition

officially certified copies of any required proof documents, which certify in

the opposition alleged the amount, date and nature of the claims, in particular, whether

as to the claim for pecuniary nature (art. 168), a claim shall be assimilated

built for the material essence of a claim (section 169), with the claim

the right to the satisfaction of the claim secured, or otherwise, whether

It is a child of the claim (article 172, paragraph 2), and indicate possible reservation

ownership. In the case of a claim under section 386, the creditor may not, indication of the

the preferred order of satisfaction.



(5) a creditor who has his registered office, headquarters, domicile or the place where the

usually resides in a Member State of the European Union or of another State

appearing in the European economic area, he may lodge an objection under

paragraph 4 in the official language of the State concerned. In the case referred to in the first

sentence of paragraph 4 must be fitted with the heading "submission of the objection, the objection

against the amount of the claim "in the Czech language. In the case referred to in the second

sentence of paragraph 4 must be fitted with the heading "lodgement of claim

claims "in the Czech language. If the contents of his objections clear, insolvency

the administrator account to it, even when it is not fitted with the specified header. To

He later applied the official receiver may not take into account the opposition,

unless it is obvious, that the claim was timely delivered to the authority, which had

the obligation to deliver it. The official receiver may require that the creditor

file a translation into the Czech language's objections.



(6) the lender, which filed an objection in accordance with paragraph 4 and to the 2

months after the expiry of the period referred to in paragraph 4 of the agreed with the insolvency

the administrator in writing of the amount or the nature of its claim, may apply

your right to sue on the determination of the insolvency court within 3 months after the

the deadline for written agreement; as for the incidenční dispute. In the absence of

the action in that period, to the above-mentioned claim is beyond the

the information given in the accounts of the debtor shall be disregarded.



(7) if the Court upheld the lawsuit to determine under paragraph

6, the official receiver is required to pay an amount to the estate

corresponding to the costs of the dispute, which were covered; If they do so

voluntarily, you may meet this obligation to demand action, any of the

the lenders. The obligations referred to in the first sentence, the official receiver shall release,

If it proves that the actual amount or the nature of the claims did not know

and even while incurring professional care to know.



section 386



Special provisions on the schedule



Insurance claims take precedence over any other

claims against the debtor, with the exception of cash expenses and the remuneration of the insolvency

the administrator and the necessary expenses and the remuneration of the liquidator for the activity

carried out after the bankruptcy decision.



Section 3



Bankruptcy of an insurance undertaking of another Member State carrying out its activity on the

the territory of the Czech Republic on the basis of the right to establish their branch offices



§ 387



The measures referred to in section 379, paragraph. 2 can only accept the authority of the State,

in which the person referred to in section 379, paragraph. 1 (a). (c)) received permission to

which operates its activity on the territory of the Czech Republic. The effects of the

the measures, including the effects on the rights and obligations of third parties are recognized

from the moment the effect in the State in which a measure was

received.



§ 388



(1) the person carrying out the measures referred to in section 379, paragraph. 2 and its possible

Representative (hereinafter referred to as "foreign insolvency administrator of the insurance undertaking, or

reinsurance undertaking ") showing its provisions of the certified copy of the decision on the

the provisions issued by the competent administrative or judicial authority of the Member

State of the European Union or of another State, forming the European economic

the space in which the licence was granted or issued,

the basis of which the insurance undertaking from another Member State a

activity on the territory of the Czech Republic. A higher copy does not require

You can, however, require a translation into the Czech language.



(2) the Foreign insolvency administrator of the insurance or reinsurance undertaking is

entitled to exercise its powers in accordance with the legislation of the State in

which was established; the exercise of these powers on the territory of the Czech Republic

must not include the use of coercive means or other use of force and

the power to bind to decide disputes or other proceedings to which they are

the competent courts or other administrative bodies of the Czech Republic. In accordance with the

These laws is foreign insolvency insurance Manager

or reinsurance undertakings authorised in the course of proceedings under this Act, appoint a

the person that he help or to represent it.
(3) in the exercise of its powers on the territory of the Czech Republic with foreign

the insolvency administrator of the insurance or reinsurance undertaking governed by the law of the Czech

of the Republic, in particular with regard to procedures for the sale of assets, obligations

the registration in the land register, the trade register and any other

the public list or register, and in the provision of information

employees.



(4) the Foreign insolvency administrator of the insurance or reinsurance undertaking, or

any administrative or judicial authority of the Member State of the European Union or

the other State forming the European economic area in which it was

a licence or permit, may apply to the indication of the decision

about bankruptcy or a decision about how to resolve the decline was registered in the

the real estate cadastre, in the commercial register or in another public

a list or register.



The acquisition cost of the registration are a claim on the property.



The Head Of The



Debt relief



section 389



(1) the debtor insolvency court may propose that its decline or

his imminent decline solved phase, if the



and) legal person according to law is not considered to be an entrepreneur

and at the same time does not have debts of the business, or



(b)) a natural person who does not have the debts of the business.



(2) does not prevent the debt from the debtor's bankruptcy business solution or imminent

the decline phase, if the



and) agrees a creditor whose claim or



(b) as to the claim of the creditor), which remained unsatisfied after the end of

insolvency proceedings, in which the Court set aside the auditions on

assets of the debtor in accordance with section 308, paragraph. 1 (a). (c)), or (d)), or



(c)) as to the claim of a secured creditor.



(3) a person other than the debtor is not entitled to proposal to allow debt relief

the lodge.



§ 390



(1) proposal to allow debt relief must submit, together with the debtor insolvency

the proposal. If the other person said, the proposal to allow

debt relief submit no later than 30 days from the delivery of insolvency

the debtor; the debtor must be in the service of the insolvency

advised.



(2) the filing of the application for authorisation of the debt relief are without prejudice to the effects of the United

with regulation of the interim measure the insolvency court.



(3) the proposal to allow debt relief brought on late, or someone who

was not entitled to, the Court rejects the decision that delivers

the debtor, the person who has submitted such a proposal, the insolvency administrator and the

the creditor committee. An appeal may be filed only by a person, that such

the proposal was lodged.



§ 391



(1) proposal to allow debt relief must in addition to the General requirements

submission of ^ 20) contain



and the designation of the debtor and persons) authorized to act for him,



(b) data on the expected income) of the debtor in the following 5 years,



(c) information on the debtor's income) for the last 3 years,



(d) how the debt relief proposal) or a statement that the borrower such proposal

raises no.



(2) the debtor, which proposes the implementation of debt relief, rescheduling

can the proposal to allow debt relief request Court of

determination of lower monthly payments than the law intended. In such a

case in the proposal to allow debt relief also indicate the amount of the

the proposed monthly payment or the method of their determination and explain

the reasons which led to its bankruptcy. The provisions of section 395 shall remain unaffected.



(3) the proposal to allow debt relief may only be submitted on the form;

requirements form lays down detailed legal prescription. The form of the

the form shall be published by the Ministry in a way that allows remote access;

This service may not be free of charge.



Section 392



1 the proposal for authorisation) of debt relief, the debtor must attach



and list and list of assets), liabilities, as appropriate, the statement of changes

which in the meantime has been compared with the lists in the insolvency

management has previously presented,



(b)) the title deeds data on income of the borrower for the last 3 years,



(c) the written consent of unsecured creditors), which the debtor

agreed, with the understanding that the value of the performance, which, when debt relief is received, it will be

less than 30% of its receivables.



(2) the written consent of the creditor referred to in paragraph 1 (b). (c)) must be

stated, what will be the lowest value of the transactions to which the borrower

agreed.



(3) unless otherwise provided, the signature of the debtor's spouse on the design

to allow debt relief is required. If there are people willing to

allow the debtor to meet the debt relief the gift or for

the duration of the debt relief to pay regular cash benefits, joins the debtor to

the proposal to allow debt relief and a written deed or contract for

retired; the signatures of these people on the treaties must be officially verified.



(4) for the designation of persons in draft to allow debt relief and in lists to

connected applies to section 103, paragraph. 1 similarly.



§ 393



(1) does not include a proposal to allow debt relief all the elements or

It is incomprehensible or vague, court resolution shall invite the

the person who filed it, to repair or replenish within a specified period,

which may not be longer than 7 days. At the same time it will learn how to repair or

make the Tween.



(2) in accordance with paragraph 1, the Court shall proceed, even if they are not to

the proposal to allow debt relief attached by law required to annex or

These annexes contain the prescribed particulars.



(3) debt relief proposal to allow court refuses, if not through the

his challenge is properly completed and in the management of it cannot be for the lack of

continue or, if not to him through his call connected by the law

the annex or, if these do not contain attachments through his challenge

the prescribed formalities.



(4) the decision referred to in paragraph 3, the Court shall deliver to the debtor,

the preliminary insolvency administrator or administrators, the creditor committee and the

the person who filed the proposal to allow debt relief; appeal against him

may submit only the person who filed the proposal to allow debt relief.



§ 394



(1) proposal to allow debt relief, the debtor may take back until

Court decides on the approval of debt relief.



(2) the withdrawal of the proposal to allow debt relief takes the Court on

Note that the decision is delivered to the person who filed the proposal,

the debtor, the insolvency administrator and the creditor Committee; the appeal against the

It is not permissible.



(3) If a borrower took the proposal to allow debt relief back, cannot submit

again.



(4) If a proposal to allow debt relief taken back up after it was

decision on the approval of debt relief, the Court decides that

withdrawal is not effective; the decision against which the appeal is not

permissible, is delivered to the person who filed the proposal, the debtor,

the insolvency administrator and the creditor committee.



§ 1394a



The joint proposal for the spouses to allow debt relief



(1) Spouses, each of which individually is the person entitled to submit a proposal

to allow debt relief, this proposal can bring together. For the assessment,

whether it is a person entitled to file a joint proposal of the spouses on the authorisation

debt relief is applicable, whether it is a spouse on the date on which such a proposal

above-mentioned occurs.



(2) a joint proposal by the spouses to allow debt relief must contain

an explicit declaration that both spouses agree to all their

the property was for the purpose of debt relief approval of the sale of the estate

considered as assets in the common property of the spouses; both spouses signatures for

This statement must be officially verified.



(3) the spouses, who have submitted a joint proposal to allow debt relief, have

the duration of the insolvency proceedings on this proposal and for the duration of the effects

debt relief nerozlučných status of members and shall be considered as one

of the debtor.



Decision on the proposal to allow debt relief



section 395



(1) the Court rejects the proposal to allow debt relief, if

in view of all the circumstances, reasonably



and that is being monitored) dishonest intent, or



(b) the value of the transactions) that when debt relief received unsecured

lenders will be less than 30% of their claims, unless these lenders with

lower discharge agrees.



(2) the Court rejects the proposal to allow debt relief even if

If the results so far show a careless or sloppy management

access to the fulfilment of the obligations of the obligor in insolvency proceedings.



(3) the decision to reject a proposal to allow debt relief is delivered

the debtor, the person who filed the proposal, the insolvency administrator and the

the creditor committee. An appeal against it may be brought only by the person who

the proposal was lodged.



§ 396



If the Court rejects the proposal to allow debt relief, will take on the

Note his withdrawal or rejects, decides at the same time about how

the solution of the debtor's bankruptcy bankruptcy.



§ 397



(1) unless the withdrawal proposal on debt relief nor to permit its

refusal or rejection, court debt relief. In

doubts about whether the debtor is entitled to submit a proposal to permit

debt relief, debt relief and the Court allows this question examines the

during the creditors ' meeting convened to discuss how the debt relief and

the vote on its adoption. The insolvency court debt relief does not permit until
than the debtor shall submit a list of his assets and the list of commitments. The decision on the

debt relief is delivered to permit the debtor, the insolvency administrator and the

the creditor committee. The appeal is not admissible against him.



(2) the Court may, after the decision to allow debt relief without

proposal to amend its provisional measures.



section 397a



In the course of debt relief shall apply mutatis mutandis to the provisions of § 253 to 260. The rights of the

belonging to the insolvency administrator under these provisions, shall exercise

continue to the insolvency administrator.



§ 398



(1) debt relief can be made of the sale of the estate or the fulfilment of the

rescheduling.



(2) when the debt relief of the sale of the estate shall, mutatis mutandis,

in accordance with the provisions of the liquidation of the estate in bankruptcy and liquidation

the estate in debt relief has the same effects as the monetization

the estate in bankruptcy. Unless otherwise specified, this

how debt relief into the estate assets that do not belong to the debtor

acquired in the course of insolvency proceedings after it occurred, the effects of the approval

debt relief.



(3) in debt relief in the discharge of the debtor is obliged to rescheduling after

for 5 years a month to repay the unsecured creditors of their income

the amount in the same range in which of them may be in the performance of

the decision or execution met preferential claims ^ 29). This

allocates the amount the borrower through the insolvency administrator between the

unsecured creditors in proportion to their claims in the manner specified in the

the decisions of the insolvency court for approval of debt relief. Ensure the

lenders will satisfy just from the proceeds of the liquidation of the collateral; When this

monetization proceeds by analogy with the provisions on liquidation of the collateral in

bankruptcy.



(4) the debtor, who asked in the draft to allow debt relief may

the insolvency court to lay down a different amount of the monthly instalments. It will do so only

then, if it can be with regard to all the circumstances, reasonably assume that the

the value of the performance, which, when debt relief will receive unsecured creditors will be

equal to or greater than 50% of their claims, or of the same or higher

than the value of the transactions to which these creditors agreed with the borrower.

Meanwhile, on account of the reasons which have led to the debtor's bankruptcy, to

the total amount of the debtors ' obligations to current and expected level of

debtors ' income, to the measures which the debtor makes to the conservation and

increase their income and to reduce their commitments, and to the recommendations of the

the lenders. Dlužníkovým proposal to the other of the above monthly payment is not

the insolvency court is bound. The Court delayed the request be taken into account.



§ 399



(1) unless otherwise provided, applies to the voting right of creditors to

Similarly, section 49 to debt relief of 53. To discuss how the debt relief and

the vote on its adoption occurs at a meeting of creditors for the purpose of

convened by, or under the conditions specified in this law outside a meeting of the

creditors; Similarly, this applies to the creditors ' vote on whether to recommend

to comply with the request of the debtor about the determination of the amount of the monthly instalments in the other

debt relief for the fulfilment of the payment schedule.



(2) the debtor and insolvency administrators delivers court summons

at the meeting of creditors referred to in paragraph 1 into your own hands with lessons about

the necessity of their participation. Insolvency administrator at your risk and to

its costs (section 39 (2)) may be represented by the meeting of creditors referred to in

paragraph 1 by another person; This does not apply if the Court

required to make the official receiver such meeting attended in person.

The borrower is obliged to attend such meetings in person and answer

questions lenders.



(3) creditors ' meeting to discuss how the debt relief bankruptcy court

not convene any meeting of creditors already convened or if all of the

the lenders permission vote on adoption of the method of debt relief outside of the

a meeting of creditors; Similarly, this applies to the creditors ' vote on whether

recommend to accept the application of the debtor about the determination of the other monthly

payments for debt relief of the fulfilment of the payment schedule. The results of the vote

in such a case, it shall publish the Decree.



section 400



(1) on the acceptance of how debt relief can vote outside a meeting of creditors

creditors, and even before the submission of the proposal to allow debt relief or even before

filing of insolvency, if you had the opportunity to meet with

the information that its content and scope correspond to the information that

must be included in the proposal to allow debt relief and in its annexes.

Similarly, this applies to the creditors ' vote on whether to recommend to meet

the application of the debtor about the determination of the amount of the monthly instalments when other debt relief

the fulfilment of the payment schedule.



(2) the results of the vote achieved outside of the creditors ' meeting is added to the

the results of the vote achieved at the meeting of creditors. If there is a discrepancy between the

by voting creditors outside the meeting of creditors, and its vote at the meeting

lenders, is considered the decisive vote on the creditor meeting

creditors; about insolvency creditor shall immediately notify the Court of this.



section 401



Voting outside the meeting of creditors



(1) the creditors vote on the adoption of the method of debt relief outside of the meeting

the creditors after the commencement of insolvency proceedings, their voice shall take into account

only vote in writing, by submitting explicitly marked as

"Ballot", which must not contain any other procedural act, from

which is no doubt how they voted, and on which is officially verified

the authenticity of the signature, and if this submission containing all the

Essentials delivered to the Court not later than on the day of insolvency previous

a meeting of creditors; section 43 of the judicial code shall not apply.



(2) if the creditors Vote on the adoption of the method of debt relief outside of the meeting

the creditors before the commencement of the insolvency proceedings, their voice

account shall be taken only when the vote in writing, by submitting explicitly marked as

"Ballot", which must not contain any other legal act, from

which is no doubt how they voted, and on which is officially verified

the authenticity of the signature, and if this submission containing all the

Essentials delivered to the debtor not later than the last day of the period, which

the borrower has established for this purpose and known creditors in writing;

This time limit shall not be shorter than 15 days.



(3) that the creditor to vote outside the meeting of creditors cannot be

take account of the reasons referred to in paragraphs 1 and 2, the creditor shall immediately

It shall inform the



and insolvency administrator), in the case of voting after the opening of insolvency

management,



(b)), the debtor, in the case of a vote before the insolvency proceedings.



(4) the procedure referred to in paragraphs 1 to 3 shall apply mutatis mutandis to voting

creditors on whether to recommend to accept the application of the debtor about the determination of the

the amount of the monthly instalments when other debt relief in the discharge of the payment

the calendar.



(5) particulars of a ballot shall determine the implementing legislation.



§ 402



(1) the right to vote on how debt relief have only unsecured creditors,

who signed up his claim in a timely manner. Secured creditors get to vote or

in the range, which is, according to an expert report drawn up in

insolvency proceedings after the decision on the decline of the value of the collateral is less than the

the amount of the secured claim. They do not have the right to vote of a person to the debtor

and in person, that form with the debtor concern ^ 21).



(2) Your consent to the way of debt relief, the creditor is not entitled to change.



(3) about how the debt relief of the creditors ' meeting shall decide by a simple majority of the votes

unsecured creditors calculation according to the amount of their claims; Similarly,

This is true for the vote of creditors outside the meeting of creditors.



(4) the procedure referred to in paragraphs 1 to 3 shall apply mutatis mutandis to voting

creditors on whether to recommend to accept the application of the debtor about the determination of the

the amount of the monthly instalments when other debt relief in the discharge of the payment

the calendar.



(5) if one of the ways that debt relief does not receive a simple majority

the votes of unsecured creditors referred to in paragraph 3, shall decide on the method of

debt relief in the Court decision on the approval of debt relief (section 406).



section 403



(1) if the official receiver considers that there are facts which would

otherwise justify the refusal or rejection of the application for authorisation

debt relief, it notifies them before the decision of the creditors ' meeting about how to

debt relief and, in the case referred to in § 399 paragraph. 3 within 3 days after the publication of the

the results of the voting in the insolvency register.



(2) creditors who voted on the adoption of the method of debt relief, may

argue that there are facts which would otherwise justify refusal

or rejection of the application for authorisation of the debt relief. These objections may

to apply no later than the end of the meeting of creditors, which should

the way of debt relief, and in the case referred to in § 399 paragraph. 3 to 10 days after the

the publication of the results of the voting in the insolvency register. To later

raised objections and the objections cited lenders who did not vote

on the acceptance of the method of debt relief, shall be disregarded. Rule, creditors who

do not raise objections in a timely manner in accordance with the first sentence, agrees with the phase without
considerations as to whether the debtor has debts of the business.



(3) Timely filed an objection in accordance with paragraph 2, applied by authorized

Parties, it shall consult the Court at the hearing, to which the summons

of the debtor, the insolvency administrator, the creditor committee and creditors who

have filed objections.



Decision on the approval of debt relief



Section 404



As to whether debt relief approved, the Court shall decide without delay after the

the end of the negotiations, which were addressed by the objections of creditors under section

403 paragraph. 2 and in the case that the creditors do not raise such objections,

immediately after the expiry of the time limit for their submission.



section 405



(1) Court debt relief does not approve, if during the

insolvency proceedings came to light the fact that would otherwise

justify the refusal or rejection of the application for authorisation of the debt relief.



(2) if the Court does not approve the debt relief, decides at the same time

How to troubleshoot a debtor's bankruptcy bankruptcy.



(3) the decision granting debt relief does not approve, shall transmit to the Court

separately, the debtor, the insolvency administrator and the creditor committee. Appeal

against this decision may be made only by the borrower.



section 406



(1) if he does not find the reasons for the decision to release pursuant to section 405, insolvency

debt relief approved by the Court. The approval of debt relief are bound as debtor,

so lenders, including lenders, who disagreed with the phase or the

It did not vote.



(2) a decision approving the debt relief of the sale property

the essence, the insolvency court



and information about it), who is the insolvency administrator,



(b)) marks the assets according to the date of issue of the decision of the State belongs to the

the estate, including property, which becomes part of the property

the substance under section 412, paragraph. 1 (a). (b)),



(c)) marks the unsecured creditors, who agreed with the fact that the value of the

the performance, which, when debt relief is received, it will be less than 30% of their

claims, and give the lowest value of the transactions to which these lenders

agreed with the borrower.



(3) in a decision approved debt relief in the discharge of the payment

calendars, Court



and saves to the debtor) for a period of 5 years to pay unsecured creditors

through the insolvency administrator, always to the specified day of the month the amount

as provided for under section 398 of the revenue that gets after the approval of debt relief, and

According to the proportion of their claims specified in the decision. At the same time

lays down the dates of payment of the first instalment, to be paid

by the end of the month following the month in which they occur

the effects of the approval of debt relief,



(b)) marks the income from which would, according to the State of the debtor on the date of issue of the

the decision had to pay the first instalment,



(c)) marks the unsecured creditors, who agreed with the fact that the value of the

the performance, which, when debt relief is received, it will be less than 30% of their

claims, and give the lowest value of the transactions to which these lenders

agreed with the borrower,



(d) directing the payer pay the debtor), or the payer of other income of the debtor

proper enforcement of the statutory wages (hereinafter referred to as

"payer of wages of the debtor"), so that after the notification of the decision of approval

debt relief was conducted from the wages or other income of the borrower set out deductions

and whether the amounts withheld to the debtor.



(4) the decision on approval of debt relief delivers the Court separately

the debtor, the insolvency administrator and the creditor committee. The appeal against the

This decision can be made only by the creditor, who voted against the

the adoption of the approved way of debt relief, or creditor, whose objections

applied under section 403, paragraph. 2 Court fail. Against the

decision on the approval of debt relief implementation rescheduling may

Appeal also the borrower whose application for the determination of any other of the above

monthly payments, court or a creditor who

disagree with the fixing of the amount of the monthly instalments and others who opposed

voted.



(5) the decision on approval of debt relief for the fulfilment of the payment schedule

delivers the insolvency court into their own hands, also the payer of wages of the debtor. About

rights and obligations of the payer of wages of the debtor after notification of the decision of the

approval of debt relief shall apply mutatis mutandis the provisions of the code of civil procedure

on the payer of wages in the enforcement of mandatory wage. The amount of

withheld from the debtor's wages be forwarded to the payer of wages of the debtor's insolvency

Administrators, and without losing sight of the fact that the decision on the approval of debt relief

the fulfilment of the payment schedule is not yet in force.



section 407



(1) the effects of the approval of debt relief occurs at the moment of publication of the

decision on the approval of debt relief in the insolvency register.



(2) the legal power of decision on the approval of debt relief is off limits

of the debtor's permission, which has occurred before its release in the

course of the insolvency proceedings of the Act or decision

the insolvency court.



(3) the decision on approval of debt relief for the fulfilment of the payment schedule

the insolvency court even without design changes, if you have changed significantly

circumstances, which are decisive for the amount and duration laid down by the

monthly installments; the provisions of § 418 paragraph. 1 (a). (b)) shall remain unaffected.

For delivery, publication and the effects of this decision applies the same as on the

delivery of the publication and the effects of the decision on the approval of debt relief. Against the

This decision may appeal only to the lender, which according to him

receive to cover their claims less than by changing the decision.



Section 408



(1) on the effects of debt relief approval of the sale of the estate pays the

in respect of the property under the estate at the time of the approval of the

debt relief, mutatis mutandis, the provisions of this law on the effects of the Declaration

bankruptcy, including the demise of the common equity of the debtor and his or her spouse.

With respect to debt relief, on the basis of a common proposal allowed spouses (section

1394a), it is considered from the moment, when they occur, the effects of the approval of debt relief

the sale of the estate, all assets of the spouse for

the assets in the joint property of the spouses, which does not perish.



(2) the disposition of assets that the debtor gets after

effects occur, the approval of debt relief from the decision of the

approval of the sale of the estate the debtor debt relief. The performance of the

the decision or execution, which would sanction such a thing can be for

the duration of the debt relief order or initiate and perform only for accounts receivable,

that have to be met when the debt relief and at the same time that arise

After the approval of debt relief, the effects occur.



(3) the property that is used to ensure insolvency administrator upon approval

debt relief of the sale of the estate were sold only at the request of

a secured creditor, if the sale occurs, other assets

the full satisfaction of the claims of unsecured creditors, or if the

secured claim clearly exceeds the value of the collateral.



(4) after the insolvency administrator are cashing in assets that are subject to

debt relief of the sale of the estate, in insolvency proceedings, on

in accordance with the provisions of this Act on the final report and schedule

bankruptcy.



section 409



(1) after the approval of debt relief implementation rescheduling my layout

permission to income, which gets after the approval of debt relief, the debtor. With

acquired income, the debtor is obliged to do in the manner specified in the

decision on the approval of debt relief for the fulfilment of the payment schedule.



(2) the disposition of assets belonging to the estate

at the time of the approval of debt relief, including the assets with which the debtor could not

yet to dispose of as a result of the effects of the regulation or the start of the performance

the decision or execution, has from the decision on the approval of

debt relief in the discharge of the debtor payment schedule; This does not apply, if the

the property, which is used to ensure. The assets that the debtor gets after

What effects occur approval of debt relief, from that part of the income, which

is not subject to debt relief, does not belong to the estate. The performance of the decision

or seizure, which would sanction such a thing can be for the duration of the

debt relief order or initiate and perform only for claims which

do not be met when the debt relief and at the same time that arise after

the effects of debt relief approvals occur.



(3) property, which is used to ensure that the insolvency administrator, cashing in after

the approval of the implementation of debt relief, rescheduling, however, as soon as possible after

determine the authenticity of the above and the order of the secured claim, if requested by that

the secured creditor. The proceeds of the liquidation issue zajištěnému to the lender; in doing so,

by analogy with the provisions of the proceeds of the realisation of the collateral in the bankruptcy.



section 410



(1) unless otherwise provided, applies to the review of registered

for the duration of the effectiveness of debt relief, mutatis mutandis, to section 190 to 202.

Insolvency administrator at your risk and at his own expense (section 39 (2))

may be represented by another person to review negotiations; This does not apply,

If the Court requires that the insolvency administrator

the review meeting attended in person.



(2) the denial of claims of unsecured creditors debtor has for the duration of the
the effects of the approval of the debt relief the same effects as the denial of claims

insolvency administrator, the provisions of § 51 paragraph. 2 However, it shall not be affected;

for this denial shall apply mutatis mutandis to the provisions on the amount receivable

relating to the insolvency administrator. If the debtor has denied the claim

during the review meeting, which took place before the approval of debt relief,

effects occur, this denial of the day occurred when the effects of debt relief;

This day is decisive for the beginning of the time limits for the submission of the application to determine

the authenticity of the claims, or the order of the above. Lenders nevykonatelné

the claim, which was negated by the debtor, the action is always towards the

the debtor.



(3) if the above claim granted by a final decision

the competent authority, the debtor can as the reason for denying its authenticity or

above apply only to the fact that they are the reason for stopping power

the decision or execution, therefore, that the claim be allowed to lapse or is stale.



section 411



(1) for the duration of the effects of the approval of debt relief does not have performance regulation

the decision or execution or the initiation of the execution, which would affect

assets in the possession of the debtor, affect the debtor's obligation to deal with

revenue for the fulfilment of a payment schedule in the manner specified in the

decision on the approval of debt relief.



(2) if any of the claims, which are to be met by

rescheduling, shall be borne by the debtor of the amount negated attributable pursuant

rescheduled to its satisfaction within the specified time limits to

the insolvency administrator who is the lender shall be paid without delay after the legal

the decision of this Court finding of insolvency claims.

If there are no to establish claims, the official receiver shall divide the amounts

the load according to the schedule on her satisfaction among the other

the lender designated as a special installment plan.



Section 412



(1) for the duration of the effects of the approval of debt relief in the discharge of the payment

the debtor is obliged to calendar



and to exercise the appropriate gainful employment) and, in the case that it is

unemployed, seek to obtain income; may also refuse

splnitelnou option to obtain income,



(b)) the values obtained as a gift and a legacy, from the ineffective rule of the Act,

as well as the assets that the debtor did not put in the list of assets, although this

the obligation to issue the insolvency administrators should, to monetization and proceeds,

as well as other extraordinary income, used to extraordinary payments over

framework of the rescheduling,



(c)) without undue delay, notify the insolvency court, insolvency

the administrator and the creditor committee of any change of his place of residence or registered office, and

employment,



(d)) to 15. March and 15. September of the calendar year, submit the

insolvency of the Court, the insolvency administrator and the creditor Committee

an overview of their income for the last 6 calendar months, unless

Court in the resolution on approval of debt relief other times

the submission,



e) none of the reserves with their income, and at the request of the insolvency court,

the insolvency administrator or creditors of the Committee to submit to the inspection

their tax returns for the period of the duration of the effects of the approval of debt relief,



(f) not to disclose any of the creditors) no special advantages, g) do not accept

on each new commitments that could not be met at the time of their maturity.



(2) for the duration of the effects of the approval of debt relief in the discharge of the payment

the calendar, the official receiver shall exercise supervision over the activities of the debtor. About

the results of their activities shall regularly inform the Court and the

creditor committee.



(3) the legal act whereby the debtor for the duration of the effects of the approval of debt relief

the fulfilment of the rescheduling of the adoption donation or legacy refuses without

the consent of the insolvency administrator is invalid. The same applies if the

the borrower shall conclude without the consent of the insolvency administrator of the agreement on the settlement of

heritage that has a heritage receive less than his or her

the share. It is considered that the debtor, for the duration of the effects of the approval

debt relief declines heritage reservation inventory.



§ 413



Meet the debt relief takes note of the decision of the Court, against the

which is not appealable; legal force of this decision

insolvency proceedings are terminated. At the same time the insolvency court shall decide on the remuneration

the insolvency administrator and its costs and relieve the insolvency administrator

its function.



section 414



(1) If a debtor fulfils all obligations duly and on time according to the

the approved way of debt relief, the Court shall issue a resolution, which

the debtor, exempt from the payment of the claims included in the debt relief, in

the extent to which have not yet been met. It will do so only on a proposal from the

of the debtor.



(2) the exemption referred to in paragraph 1 shall also apply to the creditor, to whose

the claims in the insolvency proceedings be dismissed, and the creditor, who

their claims in the insolvency proceeding, even though they had

make.



(3) the exemption provided for in paragraphs 1 and 2 shall also apply to the guarantor and other

persons who have claims against the debtor for the right of recourse.



(4) When the debtor's exemption referred to in paragraph 1 shall remain zajištěnému

the lender, which, after the approval of debt relief did not ask about the monetization of assets

used to secure the debt, retain the right to sue

satisfaction of claims from the proceeds of such property; Receivables,

in the insolvency proceedings do not satisfy (section 170), can be as follows

Sue just for the period of time from the end of the insolvency proceedings.



§ 415



If the value of the performance, which, in compliance with the debt relief received unsecured

lenders, less than 30% of their claims, or does not reach the lowest

the value of the transactions to which they agreed with the debtor, creditors may

Court after hearing of the debtor and the insolvency administrator yet

grant the debtor relief from the payment of the claims included in the

debt relief in the extent to which have not yet been met. It will do so only

on the proposal of the debtor and provided that the debtor proves that the

value of the transactions was achieved as a result of the circumstances of his own, and

at the same time, the amount that these lenders for the satisfaction of their claims

have not yet received, is not less than the amount that would be received if the

the debtor's bankruptcy was handled by a bankruptcy. The provisions of section 414, paragraph. 3 apply

Similarly.



Section 416



(1) Exemption under section 414 and 415 is without prejudice to the capital punishment or

other property sanctions, which was imposed in criminal proceedings, the debtor

for an intentional criminal offence, and also claims for damages caused by

intentional breach of legal obligations.



(2) the decision of the Court of the debtor's proposal on the granting of

the exemption referred to in section 414 and 415 is delivered separately to the debtor, the insolvency

the administrator and the creditor committee. Against the decision, which the Court

such a proposal is rejected may appeal only to the debtor. Against the decision

which the Court shall grant the debtor relief under section 414 and 415,

may appeal only a creditor whose claim against the debtor was not in

insolvency proceedings, completely satisfied. However, you can only reference reply

that have not been met the prerequisites for the granting of the exemption to the debtor.



§ 417



(1) Exemption under section 414 and 415 insolvency debtor, the Court shall withdraw

If, on the basis of a draft submitted by some of the lenders to the 3

the years since his final confession comes to light, that the approval

debt relief, or to the granting of the exemption was based on the fraudulent

hearing of the debtor, or the debtor has provided special benefits to some

the creditors; This does not apply if the creditor who filed a proposal, could

such an objection may apply before the decision on the granting of the exemption

the debtor.



(2) the exemption Granted shall lapse if the borrower within 3 years from the legal power

the decision about him been convicted for an intentional criminal offence which

significantly influenced the approval or implementation of debt relief or granting

the exemption, or otherwise damaged lenders.



(3) termination of the exemption referred to in paragraphs 1 and 2 shall not apply to claims

creditors, who are themselves involved in fraudulent dealings with the borrower or

illicit advantages; about the statement, the resolution must be decided.



(4) the decision referred to in paragraphs 1 to 3 shall be served separately

the debtor and the creditor, which is the demise of the exemption applies; only those persons

may lodge an appeal against the decision.



section 418



(1) the Court approved debt relief and at the same time, decide on the

How to troubleshoot a debtor's bankruptcy bankruptcy, if



and the debtor fails to fulfil a substantial obligation) in accordance with the approved way

debt relief, or



(b)) it is shown that a substantial part of the rescheduling is not possible

meet, or



(c)) as a result of the negotiations was attributable to the debtor after the approval of debt relief

a commitment for more than 30 days after the due date, or



(d) proposed by the debtor).



(2) it shall be deemed that the debtor caused the formation of a monetary obligation by

paragraph 1 (b). (c)), where its recovery against the enforcement of a debtor

the decision or execution.



(3) the Court approved debt relief and at the same time, decide on the

How to troubleshoot a debtor's bankruptcy bankruptcy also come after
approval of debt relief found the circumstances under which it can reasonably be

assume that the phase is monitored by a dishonest intention.



(4) the decisions referred to in paragraphs 1 and 3, the Court may issue, just

as long as he doesn't take note of fulfilment of debt relief. Will do so after the hearing, the

which summons the debtor, the insolvency administrator and the creditor Committee

the creditor, that the cancellation of debt relief. The decision referred to in paragraph 1

(a). and (c))) may issue a court without a proposal.



(5) against the decisions referred to in paragraphs 1 and 3 may lodge an appeal only

the persons referred to in paragraph 4.



PART THE THIRD



COMMON PROVISIONS



Title I Of The



Insolvency register



Section 419



(1)



Insolvency register

is the information system of the public administration, whose Manager is the Ministry of

Justice (hereinafter referred to as "the Ministry").



(2) the insolvency register contains a list of insolvency administrators, the list of

debtors and insolvency files. For each borrower is one

the insolvency file.



(3) the insolvency register is publicly available, with the exception of the data on the

which lays down the law. Everyone has the right to search and

take copies or extracts from it. The judge of the insolvency court has

access to all the data held in the insolvency register.



(4) at the request of the Ministry, or the Court shall issue certified

the output of public administration information system containing data from

Insolvency Register, or information about, that the required information is not

conducted in the insolvency register.



Section 420



(1) if the debtor Is a natural person entered in the list of debtors, its

name, surname, place of residence, social security number, and does not have a social security number, date of

the birth; in the case of a natural person, which has a specific legal

Regulation of the seat, writes to the list of debtors and its seat.



(2) if the debtor is a natural person who is an entrepreneur, writing

to the list of debtors in addition to the data referred to in paragraph 1 of the Appendix distinguishing

her company, if it uses in its business, registered office, if the

different from the place of residence, and the identification number.



(3) if the debtor Is a legal person entered in the list of debtors

his business name or the name, registered office and identification number.



(4) the information referred to in paragraphs 1 to 3 of the insolvency court to the list writes

borrowers, once they do occur with the launch of the insolvency effects associated

procedure, but not later than 7 days after this point; If there is one

from these data, in that time I know, writes it to the Court to

the list of debtors, in insolvency proceedings as soon as it comes out.



(5) without delay after the provision of the insolvency administrator writes the insolvency

the Court information about the list of debtors. If the insolvency administrator of the physical

the person entered in the list of debtors by his first name, surname, address,

social security number, and does not have a social security number, date of birth; If the insolvency

the administrator of a legal person entered in the list of debtors, its

business name or the name, registered office and identification number.



section 421



(1) in



insolvency register

the insolvency court exposes chronologically with mention of the time of the

the following documents and information:



and the decision issued by the Court) in insolvency proceedings and in

incidental disputes



(b)) all submissions, which are inserted into the court records held by the

the insolvency court on the debtor, unless otherwise provided in this Act,



(c)) for more information about which this law so provides or insolvency

the Court.



(2) the submission of the above-mentioned Court received in electronic form and the documents

from the insolvency court is inserted into the insolvency register

using the electronic transmission of documents and data submission

the following image transfer form into the insolvency register.



Section 422



(1) at the request of the natural person who has made the relevant submissions, may

the insolvency court may decide that some of the personal data of the physical

persons, contained in the submission, not in the insolvency register publicly

accessible. Such a request may be made at any time in the course of insolvency

the proceedings. Name and surname of the natural person such court in

Insolvency Register publish, always.



(2) If a natural person, which has made a submission, it shall publish the

such physical person in the insolvency register only its name and

last name.



(3) in the case of the procedure referred to in paragraphs 1 and 2 of the insolvency court attaches to the

the submission of information about the character going to the personal information, which is not

published annually.



§ 423



(1) is not embedded into the insolvency register submissions or other documents,

subject to confidentiality under special legislation. The fact,

It is located in the judicial file of the submission, that this reason was not

published in the insolvency register, however, must be in the insolvency

the register indicated, together with information on the nature of the submission; it before

the commencement of the insolvency proceedings do not apply to the procedure for the proposal for publication

the moratorium.



(2) in the insolvency register on the time necessary for filling

submissions or other documents whose disclosure would frustrate the purpose of the instant

the insolvency proceedings.



section 424



(1) If this Act, that is the document served by publication in the

Insolvency Register, a document is delivered in time

its publication in the insolvency register.



(2) the moment of publication of the document must be in the insolvency register

always listed.



section 425



Removal of the debtor from the list of debtors



(1) after the expiry of 5 years from the entry into force of the decision, which was to

completed insolvency proceedings, the insolvency of the debtor, the Court shall withdraw from the

the list of debtors and the information about him in the insolvency register disables.

If the insolvency proceedings under section 142, shall

insolvency of the debtor, the Court from a list of borrowers and details about it in the

Insolvency Register disables within 15 days from receipt of application

the debtor; the debtor is entitled to request the deletion of as soon as possible after the expiry of the

3 months from the decision.



(2) When storing data in accordance with znepřístupněných of the Special

^ Law 58).



(3) If an appeal against the final decision referred to in

section 142, leaves the Court of the debtor in the list of borrowers and details of

it accessible in the insolvency register for consideration of corrective

resource. ".



Title II



Relation to the States of the European Union



section 426



(1) the insolvency proceedings with the international element and its effects

governed by a directly applicable provision of Community law ^ 59) and

the provisions of the law of the Member State of the European Union, on which the

directly applicable provision of Community law refers to.



(2) the European international element means in accordance with the directly

the applicable law of the European communities ^ 59) fact

that the debtor's main interests are concentrated in one of the Member States

The European Union, with the exception of Denmark and at the same time, at least one of the creditors of the

or part of the estate is located in one of the other Member

States of the European Union, with the exception of Denmark.



section 427



Cessation of insolvency proceedings



If in the course of insolvency proceedings made clear that by directly

of the applicable legislation of the European communities) were to ^ 59 day

the opening of insolvency proceedings in the Centre of a debtor's main interests

one of the Member States of the European Union, with the exception of Denmark and that the debtor

to this day did not have an establishment in the territory of the Czech Republic, insolvency

the Court of insolvency proceedings.



§ 428



The insolvency administrator



The insolvency administrator appointed to the position by decision of the competent court

one of the Member States of the European Union with the exception of Denmark, on the territory of the

The Czech Republic proves the certified copy of the decision of its

the provisions; If requested, is required to submit a certified

This copy of the translation into the Czech language.



section 429



The publication of some decisions



Decisions on the initiation of insolvency proceedings and the decision on the provisions of the

the insolvency administrator, issued in the Member State of the European Union, with the exception of the

Denmark, in accordance with the regulation directly applicable rights of European

^ the community 59) against the debtor, who is on the territory of the Czech Republic

the establishment, shall be published in the Czech Republic. Court, in

the area is located the establishment, the foreign authority shall publish a decision

the Decree immediately after him will be delivered to the insolvency administrator

or any other authority empowered to do so in the Member State

The European Union, in which the decision was issued.



Section 430



Known creditors



(1) the known creditors of the debtor, who have their normal place of residence,

residence or head office in a Member State of the European Union, with the

the exception of Denmark, inform the Court without delay to initiate

insolvency proceedings and on the issue of the bankruptcy decision.



(2) the duty to inform known creditors referred to in paragraph 1 shall fulfil

the insolvency court that specifically delivers the decision establishing the

announces the opening of insolvency proceedings, and the decision of the bankruptcy or its

the shortened version.
(3) the known creditors referred to in paragraph 1 shall transmit to the Court separately and

call for submission of applications for claims.



Title III



Final provisions



section 431



The enabling provisions



The Ministry shall lay down by Decree



and if the requirements pursuant to section record) 85, calls for applications

accounts receivable, inventory, inventory notification, the notification about the application of the

the claim for pecuniary nature or receivables based on her

Department, a list of registered claims, accounts receivable, application forms

the handling of claims, applications, rules for their safekeeping and

consultation, Essentials ballots, Essentials

the reorganisation plan, the elements of the report on a reorganization plan,

the form of the proposal to allow debt relief and form a denial

the claim by the creditor, logged in



(b)) how to determine the remuneration and expenses of the insolvency of certain finished

Administrator, their maximum amounts and the conditions and extent of cover

rewards and cash expenditures by the State,



(c)) how to determine the necessary expenses and the remuneration of the members and alternate members of the

the creditor committee and their maximum amount,



(d)) of the rules of procedure for the insolvency proceedings,



(e) the electronic submission form).



section 432



The transitional provisions of the



(1) For bankruptcy and composition proceedings initiated before the effect of this

the law shall apply existing legal provisions.



(2) If, at the time until 31 December 2006. December 2008 will said

the insolvency court outside rozvrženou the working time of the insolvency court,

or in the days of rest, then the obligation of the insolvency court

publish a notice that announces the initiation of insolvency proceedings, in

insolvency register within 2 hours after, when he said

(section 101 (1)), deemed even, if so the insolvency

Court within 2 hours after the initiation of the next working day.



(3) until 31 December 2006. December 2008 includes insolvency register list

insolvency administrators, the list of debtors and publicly accessible documents and

information from the insolvency file.



(4) in the case of the procedure under section 422, paragraph. 1 and 2 until 31 December 2004. December 2008

information about the nature of mounted personal data which is not

published annually.



§ 433



Cancellation provisions



Shall be repealed:



1. Act No. 328/1991 Coll., on bankruptcy and settlement.



2. Act No. 122/1993 Coll., amending and supplementing Act No. 328/1991

Coll., on bankruptcy and settlement.



3. Act No. 12/1998 Coll., amending and supplementing Act No. 328/1991

Coll., on bankruptcy and settlement, in the wording of later regulations.



4. Act No. 211/2000 Coll., amending Act No. 328/1991 Coll., on the

bankruptcy and settlement, in the wording of later regulations.



5. Act No. 368/2000 Coll., amending the law no 530/1990 Coll., on

bonds, in wording of later regulations, and Act No. 328/1991 Coll., on the

bankruptcy and settlement, in the wording of later regulations.



6. Decree No. 476/1991 Coll., which implements certain provisions of

the Act on bankruptcy and settlement.



§ 434



The effectiveness of the



This law shall enter into force on 1 January 2005. January 1, 2008.



Zaorálek in r.



Klaus r.



Paroubek in r.



Selected provisions of the novel



Article. (II) Act No. 217/2009 Sb.



The transitional provisions of the



Law No. 182/2006 Coll., as amended, effective from the date of entry into force of this

the law also applies to insolvency proceedings opened prior to the date

the effectiveness of this law; the legal effects of the acts, which in insolvency

the proceedings arose before the date of entry into force of this Act, shall remain

preserved.



Article. (II) Act No. 69/2011 Sb.



Transitional provisions



1. Unless otherwise provided, applies Law No. 182/2006 Coll., as amended by

effective from the date of entry into force of this Act, and for the insolvency

the proceedings initiated before the date of entry into force of this Act, if in the

them has not yet issued a decision on bankruptcy; the legal effects of acts

that in insolvency proceedings occurred before the date of entry into force of this

of the Act, shall remain in force.



2. the provisions of sections 178 and 179 of the Act No. 182/2006 Coll., as amended effective from

date of entry into force of this Act shall apply for insolvency proceedings

initiated before the date of entry into force of this Act, if

the claim has not yet been identified, for which insolvency administrator filed a

a proposal under these provisions.



3. the provisions of section 16, section 160, paragraph. 3, section 336, paragraph. 2 and article 410, paragraph. 2 of the Act

No 182/2006 Coll., as amended, effective from the date of entry into force of this

the Act shall apply for insolvency proceedings initiated before the date of entry into

the effectiveness of this law, if the effects of the denial of the claim

the debtor for the purposes of its findings in insolvency proceedings occurred after

date of entry into force of this Act.



4. The provisions of section, paragraph 202. 1 of law No. 182/2006 Coll., as amended effective

from the date of entry into force of this Act, shall apply to disputes about

authenticity, or the order of the registered claims, which have not yet been

against the debtor to a final decision on the costs of the proceedings.



5. The provisions of section 394 paragraph. 2 of law No. 182/2006 Coll., as amended effective

from the date of entry into force of this Act, shall apply to the insolvency

the proceedings initiated before the date of entry into force of this Act, if in the

them the debtor took the proposal to allow debt relief back to the date of entry into

the effectiveness of this Act.



Article. (II) Law No. 334/2012 Sb.



The transitional provisions of the



Law No. 182/2006 Coll., as amended effective from the date of entry into force of this

the law also applies to insolvency proceedings opened prior to the date

the effectiveness of this law, the legal effects of the acts, which in insolvency

the proceedings arose before the date of entry into force of this Act, shall remain

preserved.



Article. XXIX of the law No 396/2012 Sb.



The transitional provisions of the



The provisions of section 285, paragraph. 1 (a). and Act No 182)/2006 Coll., as amended by

the effective to date of the entry into force of this law, shall be applied in the context of

with the enforcement proceedings held pursuant to part two of the article. IV, point 1.



Article. (II) Act No. 294/2013 Sb.



The transitional provisions of the



Law No. 182/2006 Coll., as amended, effective from the date of entry into force of this

the law also applies to insolvency proceedings opened prior to the date

the effectiveness of this law, the legal effects of the acts, which in insolvency

the proceedings arose before the date of entry into force of this Act, shall remain

preserved.



2) Article. 99 of the constitutional law No. 1/1993 Coll., Constitution of the Czech Republic, in the

amended by Constitutional Act No. 347/1997 Coll.



3) Law No. 280/1992 Coll., on departmental, industry, corporate, and

other health insurance companies, as amended.



4) of the code of civil procedure.



7) § 92 paragraph. 1 of the code of civil procedure.



section 92, paragraph 8). 2 of the code of civil procedure.



9 § 134) of the code of civil procedure.



9A) Act No 312/2006 Coll., on insolvency administrators, as amended by

amended.



10) Act No. 235/2004 Coll., on value added tax, as amended by

amended.



11) for example, Act No. 458/2000 Coll., on conditions for business and performance

State administration in the energy sectors and on amendments to certain laws

(Energy Act), as amended.



12) § 137 et seq.. of the civil code.



13) Act No. 586/1992 Coll., on income taxes, as amended

regulations.



for example, section 16) 38i paragraph. 1 (a). (h)) of the commercial code, as amended by

amended.



16A) Law No. 300/2008 Coll., on electronic acts and authorized

conversion of documents.



17) section 53 of the judicial code.



section 55, paragraph 18). 2 Act No. 256/2004 Coll., on business in the capital

market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb.



section 76, paragraph 19). 1 (a). d) code of civil procedure.



section 42, paragraph 20). 4 of the code of civil procedure.



21) section 66a.



22) for example, section 6 (1). 1 of Act No. 61/1988 Coll. on mining activities,

explosives and the State Mining Administration, as amended.



23) section 29 of the Decree No. 37/1967 Coll., to implement the law on the experts and

interpreters, as amended by Decree No. 77/1993 Coll.



section 79, paragraph 24). 1 of the code of civil procedure.



25) § 43 of the judicial code.



26) Law No. 190/2004 Coll., on the bonds.



for example, section 27, paragraph 76). 1 of the commercial code.



for example, § 28) 321, § 322 paragraph. 1 and 2 of the code of civil procedure.



§ 279, paragraph 29). 2 of the code of civil procedure.



for example, section 30, paragraph 31). 6 and article 37a of the Act No. 44/1988 Coll., on the protection and

the use of mineral wealth (the top Act), as amended

regulations.



31) Law No 219/2000 Coll., on the Czech Republic and its

in legal relations, as amended.



32) § 5 of the commercial code.



33) § 2 of the law No. 20/1987 Coll. on State care monument.



34) section 58 of the commercial code.



for example, section 35) paragraph 7b. 1 (a). (e)), and (f)) of Act No. 85/1996 Coll., on

the legal profession, as amended.



36), for example, section 8 of Act No 455/1991 Coll., on trades

(Trade Act), as amended.



section 91, paragraph 37). 2 of the code of civil procedure.



38 section 93 of the judicial code.



39) Law No 118/2000 Coll., on the protection of employees in the payment
the inability of the employer and on the amendment to certain acts, as amended by law

No 436/2004 Sb.



40) Law No. 589/1992 Coll., on social security and

contribution to the State employment policy, as amended

regulations.



41) section 8 of Act No. 114/1995 Coll. on inland navigation.



§ 28 of Decree No. 222/1995 Coll., on waterways, shipping traffic in the

ports, common crash and the transport of dangerous goods.



45) Law No 26/2000 Coll., on public auctions, as amended

regulations.



46) Act No. 563/1991 Coll., on accounting, as amended.



for example, 47) Act No. 143/2001 Coll., on the protection of economic competition, in

as amended.



section 24, paragraph 48). 2 (a). and (c)) of the Act) No 124/2002 Sb.



section 29, paragraph 49). 4 (b). (b)) (a). 5 of law No 124/2002 Sb.



50) section 193 of the Act No. 256/2004 Coll., on business on the capital market, in

the text of law no 409/2010 Sb.



51) directive of the European Parliament and Council Directive 2001/24/EC of 4 April 2003. April

2001 on the reorganisation and winding up of credit institutions.



52) § 5a up to 7a of Act No. 21/1992 Coll., on banks, as amended

regulations.



53) directive of the European Parliament and Council Directive 2000/12/EC of 20 July 1998. March

2000 on access to the activities of credit institutions and on its performance.



54) European Parliament and Council Directive 2001/17/EC of 19 July 1999. March

2001 on the reorganisation and winding-up of insurance undertakings.



55) section 5 c of Act No. 363/1999 Coll., on insurance and amending certain

related laws (the Insurance Act), as amended by Act No.

39/2004 Sb.



§ 5a, paragraph 56). 1 of Act No. 363/1999 Coll., as amended by law No 39/2004 Sb.



57) Act No. 363/1999 Coll.



58) Law No 499/2004 Coll. on Archives and the archival service and amending

certain acts, as amended.



59) Council Regulation (EC) no 1346/2000 of 29 May 2000. May 2000 on insolvency

the proceedings.



§ 5, paragraph 60). 1 (a). (d)) of Act No 312/2006 Coll., on insolvency

managers, in wording of later regulations.



61) § 2 (b). the Act No.) 499/2004 Coll. on Archives and records

service and amending certain laws, as amended by Act No 190/2009 Sb.