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Change Bankruptcy Law And The Law On Insolvency Administrators

Original Language Title: změna insolvenčního zákona a zákona o insolvenčních správcích

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294/2013 Coll.


LAW
Dated 12 September 2013

Amending Act no. 182/2006 Coll., On bankruptcy and its solutions
(Insolvency Act), as amended, and Act no. 312/2006
Coll., On insolvency trustees , as amended

Parliament has passed this Act of the Czech Republic:
PART ONE


Amendment to the Act on Bankruptcy and Its Resolution (Insolvency Act)

Art. I

Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency
Act), as amended by Act no. 312/2006 Coll., Act no. 108/2007 Coll., Act
C. 296/2007 Coll., Act no. 362/2007 Coll., Act no. 301/2008 Coll., Act No.
. 458/2008 Coll., Act no. 7/2009 Coll., The Constitutional Court ruling
promulgated under no. 163/2009 Coll., Act no. 217/2009 Coll., Act no. 227/2009 Coll
., Act no. 285/2009 Coll., the Constitutional court ruling
promulgated under no. 241/2010 Coll., the Constitutional court ruling promulgated under No.
. 260/2010 Coll., Act no. 409/2010 Coll., Act no. 69/2011 Coll., Act No.
. 73/2011 Coll., Act no. 139/2011 Coll., Act no. 188/2011 Coll., Act No.
. 458/2011 Coll., Act no. 466/2011 Coll., Act no. 167/2012 Coll., Act No.
. 334/2012 Coll., Act no. 396/2012 Coll., Act no. 399/2012 Coll., Act No.
. 45/2013 Coll. and Act no. 185/2013 Coll., is amended as follows:

First In § 2 at the end of the text of letter b) the words ", as well as court
which decides on the appeal in the insolvency proceedings".

Second In § 2. g) the words "and that" the word "only".

Third § 7 including the heading reads:

"§ 7

Use of Civil Procedure and the Law on Special court proceedings


Unless specified otherwise in this Act or unless such a procedure is contrary to
principles on which the insolvency proceedings, apply for
insolvency proceedings and incidence disputes mutatis mutandis
Civil Procedure ^ 4) relating to adversarial proceedings, and if this is not possible
, the provisions of the special judicial proceedings;
provisions relating to the enforcement or execution shall apply mutatis
only if the terms of this Act refers. ".

Footnote. 5 is repealed.

Fourth Under § 7 following § 7a to 7c, which, including the title added:

"§ 7a

Substantive jurisdiction

Regional courts decide as courts of first instance

A) in insolvency proceedings

B) in incidental disputes

C) in any case for damages or other injury caused
breach of the obligation to file an insolvency petition

D) in disputes over compensation for damages or other injury caused
commencement of insolvency proceedings and actions taken during the course,

E) in matters arising out of legal relationships between the debtor and the insolvency administrator
relating to property belonging to the debtor
assets.

§ 7b
Territorial jurisdiction


(1) Insolvency proceedings rests with the court in whose district the general
judgment debtor.

(2) In the case of insolvency proceedings, which is to solve the bankruptcy or impending bankruptcy
persons forming a group with the borrower, in addition to the court referred to in paragraph 1
a matter for too insolvency court seised
ongoing insolvency proceedings dealing with bankruptcy or impending bankruptcy of the debtor, who
that person forms a group.

(3) In the case of insolvency proceedings, which is intended to address the impending insolvency or bankruptcy of a debtor
who is a foreign entity, and unless there are directly applicable regulation
EU law ^ 59) You can initiate insolvency proceedings
even insolvency court in whose district the Czech Republic
business location or branch enterprise of such debtor.

(4) The insolvency court has jurisdiction in the matters specified in § 7a point. b)
to e).

§ 7c

Participation Prosecution

Prosecution may enter initiated insolvency proceedings, including
incidental disputes, and the moratorium. ".

Fifth In § 12 para. 2 the words "special legal regulations 6)" is replaced
"The law governing court officials and senior officials of the state prosecutor
". Footnote. 6 is repealed.

6th In § 18 par. 2, the words "end of the business day next following the date
" are replaced by "three days from the day".

7th § 25 reads:

"§ 25


(1) of the Insolvency administrator for insolvency proceedings establishes
bankruptcy court. If the decision on bankruptcy linked to the decision to permit
reorganization under § 148 paragraph. 2 and if the present reorganization plan
person designated trustee in bankruptcy, insolvency court appoints
insolvency administrator of that person; It does not apply, unless they meet specified as follows
liquidator conditions specified in § 21 to 24 and paragraph 3
provisions of § 29 shall remain unaffected.

(2) If it is not the case under paragraph 1, the insolvency court shall appoint an insolvency administrator
person designated by the Chairman of the insolvency court
according to the order specified date of registration of residence or establishment in
relevant part of the list of insolvency administrators led

A) for the circuit court of the county, which is the insolvency court the debtor
if at the time of designation filed for bankruptcy or is not in
time when the application for a different way of resolving insolvency and not-
if the debtor entity under § 3 para. 2 of the insolvency administrators ^ 9)

B) to the district court, which is the general court of the debtor, if at the time of designation filed
propose to permit debt relief.

(3) If at the time of the determination of an application for approval of reorganization or if the borrower
person under § 3 para. 2 of the insolvency administrators ^ 9)
regardless of the method of bankruptcy resolution, appoint
insolvency court insolvency administrator of the person designated by the Chairman of the insolvency court
according to the order specified date of registration of its seat in a special section
list of insolvency administrators.

(4) Unless prevented by other circumstances, the President shall insolvency court
insolvency administrator borrowers who make up the group, the same person.

(5) If you can not appoint a person insolvency administrator
procedure referred to in paragraph 2, or if it is necessary with regard to the prior
insolvency proceedings, the debtor entity and its relative wealth, as well as
proficiency insolvency administrator, his former
activities and its load, the chairman of the insolvency court to determine
insolvency administrator outside the established order; such an approach always
reasons.

(6) Paragraphs 2 and 3 shall not apply in the case of determining a person
insolvency administrator who is visiting the insolvency administrator. Chairman
bankruptcy court for insolvency proceedings determines a person
insolvency administrator who is visiting the insolvency administrator, the relevant part
list procedure, which is in line with the principle of temporality or
příležitostnosti, if appropriate with respect to the prior
insolvency proceedings, the debtor entity and its relative wealth,
as well as the competence of the insolvency administrator, who is visiting
insolvency administrator. ".

8th In § 29 at the end of the text of paragraph 1, the words "who have the right to vote
".

9th In § 29, the following paragraph 4 is added:

"(4) The insolvency administrator odvolanému procedure referred to in paragraph 1
insolvency court shall order within a specified time report on their
activities, especially on state property managed, and that the invoiced fee
, cash expenses and costs incurred in connection with
managing and maintaining the property. ".

10th In § 31, paragraph 7, which reads:

"(7) The provisions of § 29 para. 4 shall apply accordingly.".

11th In § 32 par. 2, after the word "provisions" the words "§ 29 para. 4 and
".

12th In § 35 at the end of paragraph 1 the phrase "Unless otherwise stipulated
not a reason for the appointment of a special insolvency administrator
activities related to the realization of assets.".

13th In § 36 para. 2, "and at least once every 3 months to the creditor
authority and the insolvency court a written report on the state
insolvency proceedings" shall be deleted at the end of paragraph 2 the following sentence
"Unless the insolvency court otherwise submit to the bankruptcy trustee
creditor and the insolvency court authority at least once every three months
written report on the state of the insolvency proceedings. ".

14th In § 38 par. 1 the words "reward designate" the words "of the number
reviewed applications and claims."

15th In § 38 at the end of the text of paragraph 2, the words "not exceeding
CZK 50 000 reward for the insolvency administrator and CZK 50 000 in compensation
cash expenses of the insolvency administrator."


16th In § 38 par. 4, after the words "advance reward" the words "and
cash expenses."

17th In § 38, after paragraph 4 the following paragraph 5 is added:

"(5) The insolvency administrator removed from office or from acting in the course of insolvency proceedings
performs billing
remuneration and cash expenditures in the report on its activities; to discuss this report apply mutatis
§ 304. If allowed by the state of the insolvency proceedings, the insolvency court decides
approval of this report, in its course; in the case of
cash expenses of the insolvency administrator, the costs associated with maintaining and
administration of the estate and bill payments made by
do so without undue delay after the discussion of the report.
The decision on approval of such reports may be filed bankruptcy trustee who
report was submitted, appointed bankruptcy trustee and the creditors and the debtor,
whose objections to the report were not granted. ".

The former paragraph 5 is renumbered paragraph 6.

18th In § 38 paragraph 6 reads:

"(6) The method of determining the remuneration of certain cash expenses
insolvency administrator and the terms of payment shall be laid down by the state
regulation.".

19th Under § 40 the following § 40a is added:

"§ 40a

Based on the decisions and other enforceable documents created in the course
insolvency proceedings against the insolvency administrator for
claims or other rights relating to the estate or to be
satisfied from the estate can not keep power decisions on property
insolvency administrator; this does not apply if the disciplinary measures imposed
insolvency administrators in connection with such proceedings, and
decisions which the insolvency administrator to bear the costs
procedure, which caused through the fault or incurred by chance that | || occurred to him. ".

20th In § 41 paragraph. 1, after the word "maintain" the words "or
restore".

21st In § 43 para. 2, the second sentence following the sentence "In the case of data kept in electronic form
fulfills institutions and persons referred to in paragraph 1
duty to assist in the fact that they insolvency administrator
allow remote access. ".

22nd In § 46 para. 2, the second sentence following the sentence "resolution, which a creditors' meeting
reserves powers other creditor institutions
is adopted if the majority voted for them by at least two-thirds of votes
present or duly represented creditors
calculated according to the amount of their claims. ".

23rd In § 48 at the end of paragraph 2 the sentence "If
bankruptcy court had not yet decided on how to resolve the debtor's bankruptcy, is the subject
first meeting of creditors also a way of solving the debtor's bankruptcy.".

24th In § 48 par. 3, the words "insolvency court may also pay
costs that the court's costs of convening and organizing meetings
creditors held on his proposal" is replaced by "saves the insolvency court to pay a lump
the amount of compensation for costs associated with the discussion
unjustified proposal to convene a meeting of creditors in the amount of CZK 5,000;
Payment of a lump sum, which is revenue the state can not be
pardon. "

25th § 51 reads:

"§ 51

(1) Creditors whose claims have been denied, that denial may be in the range
vote resolves is made to the creditors' meeting. If the creditors' meeting
admit voting creditors whose claim has been denied,
decide on the voting right of those creditors, the insolvency court.

(2) Denial of claims registered creditor or debtor has no effect on
voting right of creditors whose claims have been denied.

(3) Except in the cases referred to in paragraph 1 shall decide on the voting
rights of creditors whose claim has not yet been identified or is
contentious insolvency court. They do so only upon the debtor
insolvency administrator or any of the creditors. Proposal can be filed even
prior to the meeting of creditors.

(4) Unless otherwise provided below, non-voting creditors
claims against the estate of (§ 168), creditors with claims
assimilated claims against the estate of (§ 169) || | creditors with claims excluded from the process of resolving insolvency (§ 170)
creditors with subordinated claims (§ 172), and by the time the swap meet

Conditions of creditors who filed claims tied to the glove
condition. ".

26th In § 52, paragraph 3 shall be added:

"(3) If the decision of the bankruptcy court of the right to vote
other lenders dependent insolvency court decision against which the appeal is admissible
can within the limits of an appeal lodged against such a decision
examine the correctness the insolvency court of
voting rights of creditors; It applies only to the first such decision
issued after the insolvency court by creditors the right to vote. ".

27th § 53 reads:

"§ 53

Unless the selection committee of creditors, none of the creditors must vote
own behalf. In the case of a person who forms a group with the creditor, or in the case
person close to the lender, the lender may vote unless
this Act. ".

28th In § 56 par. 2, the word "Everyone" is replaced by "meeting of creditors
may decide that everyone".

29th In § 56, paragraph 3 shall be added:

"(3) If the technique of bankruptcy small bankruptcy or debt relief, not
selection committee of creditors required.".

30th In § 57 par. 1, "representing all groups of creditors by
nature of their claims" are replaced by "ensuring representation and
unsecured creditors."

31st In § 57 par. 2, after the words "to elect" the words "and recalled".

32nd In § 57 par. 3, after the word "choice" words "and appeal".

33rd In § 59 para. 2, the word "particularly" replaced ". This way you can infer
especially if it is a "word" employees "is replaced by
" employee "and" partners "are replaced by" partners ".

34th In § 61 paragraph. 1, "when administered insolvency of the debtor, making
so without" is replaced by "If proposed borrower, lender or logged
preliminary administrator, do so immediately."

35th In § 61 paragraph. 2, the first sentence is replaced "If
creditors committee appointed a creditors' meeting called for that purpose, carries
after its completion, the scope of the committee of creditors, the insolvency court.".

36th In § 61 paragraph. 3, after the words "interim manager" the words "
logged creditors that the appointment of a provisional creditors' committee
suggested."

37th In § 62 paragraph 1 reads:

"(1) If possible, the insolvency court shall appoint a provisional creditors' committee
so there were represented secured and unsecured creditors
.".

38th In § 62 paragraph. 2, the second sentence is replaced by the sentences "The resolution is adopted
if they voted for the majority of those present or represented properly secured creditors
calculated according to the amount of their claims and most
present or duly represented unsecured creditors counted
according to their claims. The first meeting of creditors held after the appointment
provisional creditors' committee may also revoke any of its
members or alternates or has to elect another member and his alternate
; while proceeding according to § 57 paragraph. 2. '.

39th In § 63 para. 3 second sentence after the semicolon including the semicolon
deleted.

40th In § 64 para. 2 first sentence after the semicolon including the semicolon
deleted.

41st In § 65 par. 2, the words "its activities" the words "and
creditors' committee already has the number of members appointed by the meeting of creditors."

42nd § 66 including the title reads:

"§ 66

Insolvency court as creditors' committee

(1) If in the course of the insolvency proceedings, the number of members of the creditors' committee appointed
meeting of creditors for less than 3 or below
majority exercises the powers of the creditors' committee to confirm the new
elections or supplementary elections of members of the creditors' Committee to number at least 3
or most members of the insolvency court.

(2) If the missing members of the creditors 'committee to number at least 3
or the number of members to elect the majority of the creditors' meeting for the purpose
convened exercised after the end of the competence of the creditors committee
insolvency court; § 61 paragraph. 2 second sentence and § 61 paragraph. 3 shall apply mutatis mutandis.

(3) acts carried out by the insolvency court in the capacity of
creditors' committee and must be labeled. ".

43rd In § 68 para. 2 second sentence deleted.


44th § 69 including the title reads:

"§ 69
Prosecution


If the decision of the insolvency court to appeal
resource, it can also be made by the prosecutor's office, which entered into
insolvency proceedings, a step in the dispute or to the moratorium. ".

45th In § 71 para. 1, "putting it on the official board
insolvency court and its current" is deleted and the word "publication"
with the word "document".

46th In § 71 para. 3, "by posting the relevant documents on the official board
bankruptcy court to contemporary" deleted, after the word "publication"
the words "relevant documents" and the words "unless the law stipulates
only the publication of documents on the official board
bankruptcy court "shall be deleted.

47th In § 72 paragraph 2 deleted.

Existing paragraph 3 shall be renumbered 2.

48th § 73 reads:

"§ 73

Unless specified otherwise in this Act shall be served on the insolvency court decree also
judicial decisions issued under this Act before the commencement of insolvency proceedings
or after; The same applies for the delivery
summons, notice or other document that with the release of such
judicial decision related. ".

49th In § 75 para. 2, after the words "insolvency administrator" words "
, prosecutor's office, which entered into insolvency proceedings,"
word "the" before the word "and" and ", and the state
Prosecutor's Office, which entered into insolvency proceedings "shall be deleted.

50th Under § 83 the following § 83a, including the heading reads:

"§ 83a

Joinder

Unless specified otherwise not in insolvency proceedings admissible
joinder of different borrowers joint management. ".

51st In § 85 at the end of the Subsection 1, the sentence "The operations which
insolvency court treats of other persons on facts
essentially the case or on procedural issues which her
may affect, the always keep a minute; if this is not possible due to
way the litigant turned to the bankruptcy court and if
unilateral adoption or submission of information by the insolvency court of
common interest of creditors, the bankruptcy court must thus received by | || or information supplied is always to record in the insolvency file.
The particulars of such a record in the implementing legislation. ".

52nd In § 89 paragraph 3 reads:

"(3) imposes a law insolvency court
publication under paragraph 2 in the insolvency register, do so before the end
business day immediately subsequent to the date of the hearing at which the decision was announced
. Instead of the full text of the decision can be announced as follows
publish abridged version of the decision.
Abridged text of the decision generally no justification.
Obligation to publish the full text of the insolvency register renowned
decision immediately after it is made in writing, shall remain unaffected.
Effects of the decision in accordance with paragraph 2 no longer occur by disclosing his abridged version of
insolvency register; However, such disclosure does not effect delivery
decision. ".

53rd In § 90, the words "Civil Procedure" the words "and
special law on judicial proceedings" and the words "
enforceability of the decision" the words "or the postponement of the decision."

54th § 92 reads:

"§ 92

The appellate court shall hear and determine appeals against decisions
Court of First Instance issued in insolvency proceedings
highest accelerating and this first appeal against the decision to order
preliminary injunction against the decision on bankruptcy against
decision on how to resolve the bankruptcy and the decision on approval of the reorganization plan
. ".

55th In § 93 paragraph. 1, the word "and" is replaced by a comma and the words "solution
bankruptcy", the words "and against the decision on approval of the reorganization plan
".

56th In § 96, the existing text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) In proceedings for nullity filed against the decision issued
insolvency court in the insolvency proceedings shall not apply to § 235
paragraph. 2 Civil Procedure. The decision, which was based on

Nullity action for annulment of the decision of the insolvency court issued
insolvency proceedings, the effective date of legal effect. ".

57th In § 97 paragraph 2 reads:

"(2) The insolvency petition must be in paper form provided
officially authenticated signature of the person who filed it, or electronically
her an electronic signature, or sent via
its data boxes; otherwise it shall be disregarded. ".

'58. In § 97, after paragraph 2, new paragraphs 3 and 4 are added:

"(3) If an insolvency petition signed in the manner specified in paragraph 2
only representative of insolvency petitioner on the basis of procedural
full power, a condition referred to in paragraph 2 is satisfied only if it is officially || | verified signature or an electronic signature insolvency
petitioner provided the insolvency petition process connected
full power. This applies in the case of insolvency for the petitioner, which is
legal person, its employee (member), which was commissioned by
statutory body.

(4) The fact that the insolvency petition disregarded
notify the insolvency court insolvency petitioner order which
remedies are permissible and which he delivered separately;
Provisions of this Act on receipt decree does not apply. ".

Existing paragraph 3 shall be renumbered paragraph 5.

59th In § 102 para. 1, letter c) reads:

"C) The Labour Office of the Czech Republic - regional office or branch for
capital Prague (hereinafter" the regional branch of the Labour Office "), in whose district the debtor
which is the employer, residence or domicile,
if the debtor is a natural person who is not established ".

60th In § 102 para. 5, the words "through the public data network
," are deleted.

61st In § 104. 3, the third sentence is replaced by the phrase "Debtor list
obligations shall include data on the amount and maturity of the individual commitments and briefly
specify which of the debts of its creditors deny the justification of or as to the amount
and why.".

62nd At the end of the text of § 105, the words "; in the case of a claim
which is in insolvency proceedings or does not sign, it shall be after
decision on bankruptcy for raised under § 203 ".

63rd In § 108, paragraph 1 reads:

"(1) The insolvency court may, before deciding on the insolvency petition
save insolvency petitioner to pay within the prescribed period
advance for the costs of the insolvency proceedings, if necessary, to cover the costs of management and resources
to other possibilities; It also applies
if it is clear that the debtor has no assets. This backup could not be saved
insolvency petitioner - employees of the borrower, whose claim
lies only in labor claims. The obligation to pay a deposit
not save the insolvency court to the debtor, whose insolvency petition
may decide without delay so that it will issue a decision on bankruptcy, which connects with
decision to authorize debt relief. ".

64th § 109 reads:

"§ 109

(1) With the commencement of insolvency proceedings combine these effects:

) Debts and other rights related to the estate can not be applied
action, if it is possible to apply application,

B) the right to satisfaction of ensuring that concerns
assets owned by the debtor or property belonging to the estate
can be applied and newly acquired only under the conditions stipulated by this law, it also applies to
the establishment of a judicial lien on property or executor
lien on the property, which was designed after
commencement of insolvency proceedings,

C) enforcement of the decision or execution, which affected
assets owned by the debtor, as well as other property belonging to the estate
nature, can order or initiate but can not be done. For
claims against the estate of (§ 168) and assets of equivalent
built (§ 169), but can be done, or to enforce the decision or execution
which affected property belonging to the estate of the debtor
on the basis of the insolvency court issued pursuant to §
203 para. 5, and this decision based restrictions. Unless otherwise specified below
, enforcement or execution continues
orders or initiate and conduct against compulsory,

D) can not apply the agreement of creditor and debtor based right to payment

Deductions from wages or other income they had in enforcement
treated as a wage or salary.

(2) of the act, which of enforcement or execution, is not an act
made to ensure that the debtor's property for his involvement in such decisions
performance or execution. With the commencement of insolvency proceedings with
combine other effects provided by law.

(3) The deadlines for exercising rights that may be under paragraph 1 shall apply only
application, after commencement of insolvency proceedings do not begin or continue running
.

(4) The effects of insolvency proceedings occur at the moment of publication
decree announcing the initiation of insolvency proceedings, the insolvency register
.

(5) Unless the law in any way of resolving insolvency otherwise
lasting effects associated with the commencement of insolvency proceedings by the end
insolvency proceedings, and in the case of reorganization, the approval of the reorganization plan
.

(6) The decisions and measures adopted in the implementation
enforcement or execution in contravention of restrictions under paragraph 1. c) the
insolvency proceedings disregarded. If it is necessary to fulfill the purpose
insolvency proceedings, the insolvency court may at any time, even without a petition
suspend or postpone enforcement of a legal decision or power
measures adopted in implementing enforcement or execution in breach of the restriction
pursuant to paragraph 1. C); It may also prohibit the admission
decisions or measures prepared in the enforcement or execution
decision contrary to restrictions pursuant to paragraph 1. C).
Against the insolvency court under the second sentence may be appealed
parties to enforcement proceedings or enforcement proceedings;
these persons as well as the institution or person that decision or measure when implementing
enforcement or execution has taken or prepared with
the insolvency court under the second sentence be served separately. ".

65th In § 111 at the end of paragraph 2 sentence "Further restrictions under
paragraph 1 shall not apply to the satisfaction of the claims for property
substance (§ 168) and receivables treated as such (§ 169);
these claims shall be satisfied in terms of maturity, if the state of the estate
possible. ".

66th In § 111 at the end of the text of paragraph 3, the words ", unless the
They debtor or his creditors before requested permission
bankruptcy court."

67th In § 128 at the end of paragraph 3 the sentence "A list of assets
published in this case in the insolvency register until after the decision
bankruptcy.".

68th § 136 reads:

"§ 136

(1) The insolvency court shall issue a decision on bankruptcy, if the certificate or
proving found that the debtor is insolvent or that he threatened bankruptcy.

(2) The decision on bankruptcy must contain

A) statement that is determined by the debtor's bankruptcy or impending bankruptcy
,

B) statement, which establishes the insolvency court insolvency administrator

C) an indication of when the decision becomes effective on bankruptcy

D) appeal to creditors who have not filed their claims and
done within 2 months, with lessons about the consequences of not complying,

E) appeal to creditors insolvency administrator immediately told what
security rights apply to debtors things, rights, receivables
or other valuables, with lessons that might otherwise respond
for damage or other the damage incurred by the estate will be drafted in time
debtor's assets for hedging or that are not identified early
security rights; this does not apply if these hedging
rights obvious from the public list

F) statement, which will determine the place and date of the meeting of creditors and
review hearing

G) statement, which is stored borrowers who have not yet done so within the prescribed period
compiled and handed over to the insolvency administrator
lists his assets and liabilities with its debtors and creditors.

(3) If the decision on bankruptcy linked to the decision to permit
debt relief, the time limit for submission of claims to 30 days.

(4) The decision on bankruptcy the insolvency court also requests
borrower an extension of time to submit a reorganization plan (§ 316, paragraph
. 5 and 6). The decision on bankruptcy, which involves decisions about

Permission debt relief, bankruptcy court impose further debtor to pay
advances on remuneration and cash expenses of the insolvency administrator.

(5) The insolvency administrator appointed by the bankruptcy decision follows the preliminary trustee
activity if it has been previously established. Unless the same
person is required to submit a preliminary trustee insolvency administrator
full information on their activities to date and provide them with the results, as well as
documents in its possession, and to provide the necessary assistance. ".

69th In § 139 para. 1, letter c) reads:

"C) regional branch of the Labour Office in whose district the debtor who is
employer, residence or domicile, if the debtor is a natural person
not established".

70th In § 139 para. 2 the words "through the public data network
," are deleted.

71st In § 140 above the label section inserted group headline that
added: "The effects of a bankruptcy" and title under the name
paragraph reads: "Precautions and counting."

72nd Under § 140, the following new § 140a to 140e, including the heading
added:

"§ 140a
Stay of proceedings


(1) The effects of a bankruptcy occur upon its publication in
insolvency register. Decision on bankruptcy to interrupt the judicial and arbitration
Receivables and other rights relating to property
nature, which are to be applied in insolvency application, or
which is in insolvency proceedings are regarded as registrations, | || or on claims that are not satisfied in the insolvency proceedings (§
170). Unless specified otherwise in these proceedings can not continue
a period during which the last effects of the decision on bankruptcy.

(2) If the proceedings pursuant to paragraph 1 is interrupted, avoiding unnecessary meetings and running
deadline. If the procedure continues, the time limits
run again.

(3) Suspension of works on the parties to the proceedings
stand on the same side as the borrower, just in case of an indissoluble community
^ 37) or intervene ^ 38).

(4) When a court or other authority competent to hear and decide the case
hear about the stay of proceedings pursuant to paragraph 1 shall inform the
parties; at the same time they learn that the procedure can continue
time it takes to effect the decision on bankruptcy.
Decision has been issued at the time when the proceedings are suspended, handle, unless they relate
and other receivables; If the proceedings were adjourned for a decision delivery
but before the decision becomes final, does not acquire
decision to the extent to which the proceedings were suspended, legally.
If the procedure continues, the decision shall be delivered again.

§ 140b

Prohibition of the decision

Unless the proceedings referred to in § 140a, not the other court or arbitration proceedings
for the time it takes
effects of a decline to rule on the claims and other rights relating to the estate
to be applied in insolvency proceedings
application, or on which the insolvency proceedings are regarded as
logged, or for receivables that are in insolvency proceedings
not satisfied (§ 170); this does not apply if the claims of creditors on
damages or non-material damage caused by crime or
unjust enrichment obtained offense when the
criminal proceedings concerning the offense was seized assets in equity | || basically borrower. The decision issued in breach of the prohibition in
insolvency proceedings disregarded.

§ 140c

Recently commenced proceedings

In the time it takes to effects of a bankruptcy can not start
judicial and arbitration proceedings concerning claims and other rights regarding
assets of which are to be applied in insolvency proceedings
application, or which is in insolvency proceedings are regarded as
filed, unless the incidence disputes or proceedings regarding the claims
which are not satisfied in the insolvency proceedings (§ 170).

§ 140d
Other management


(1) Other proceedings before the court and arbitration proceedings with the decision on bankruptcy
interrupt and can be newly started and the time it takes effect
decision on bankruptcy; in these proceedings, however, as long as they last

Effects of a bankruptcy can not decide on damages or other
injury. The decision issued in contravention of this prohibition is in insolvency proceedings
disregarded. Unless otherwise provided by law, is involved in these
other proceedings continue borrower.

(2) The decision of the bankruptcy of other proceedings under paragraph 1
interrupt especially

A) fiscal management,

B) proceedings concerning rights to property investment,

C) the management of any outstanding wage claims by employees of the debtor
special legal regulation 39)

D) management of social insurance premiums and contributions to the state employment policy
^ 40).

§ 140e

Enforcement and execution

(1) In the time it takes to effects of a bankruptcy can not be imposed
or initiate enforcement of a judgment or execution, which affected
property owned by the borrower, as well as other property that belongs to || | the estate; This regulation does not apply for or commencement of
decision or execution on the basis of the insolvency court
issued pursuant to § 203 para. 5th

(2) For the execution of the decision or execution ordered or launched in
breach of the restriction referred to in paragraph 1 shall apply § 109 para. 6 accordingly. ".

73rd Under § 141, the following new § 141a, including the heading reads:

"§ 141a

The legal force of the decision on bankruptcy

Following the decision of the bankruptcy court to stop or else to
competent authority proceedings concerning receivables or other rights which have been
launched in contravention of restrictions under § 109 para. 1 point. a) and §
140c. ".

74th In § 142 at the end of subparagraph c), the comma is replaced by a full stop and letter d)
was deleted.

75th § 144 reads:

"§ 144

Insolvency petition is not dismissed because the debtor's assets
not suffice to cover the costs of insolvency proceedings, even though it is obvious
. ".

76th In § 149, paragraph 2 reads:

"(2) Paragraph 1 shall not apply if

A) the debtor filed a petition to permit debt relief
insolvency proceedings instituted on the basis of an insolvency petition of another person; In this case
insolvency court decides on the method of resolving insolvency
separate decision issued within 30 days after the decision on bankruptcy or

B) the debtor becoming the person for which the law excludes solutions
bankruptcy reorganization or discharge of debts after the declaration of bankruptcy; In this case
insolvency court may decide on the method of resolving insolvency
bankruptcy before the date of the creditors' meeting convened by the decision on bankruptcy. ".

77th In § 150, the words "under § 149 paragraph. 1" the words "and if the debtor
entrepreneur for whom it is permissible under this Act
reorganization" and at the end of the text of § 150, the words "bankruptcy
or reorganization. "

78th In § 151 after paragraph 1, the following paragraph 2 is added:

"(2) If any of the creditors present at the creditors' meeting will be attended
vote only ensure that creditors and unsecured creditors only is
resolutions of the meeting of creditors under § 150 accepted if creditors
registered the day before the meeting of creditors voted for them
least half of the creditors present and voting
calculated according to the amount of their claims. ".

Existing paragraph 2 shall be renumbered third

79th In § 151 paragraph. 3, after the words "paragraph 1" the words "and 2".

80th In § 157 paragraph. 1, the words "without undue delay" is deleted and
words "paid experts" the words "within the period specified in the notice
insolvency administrator".

81st In § 159 paragraph. 1 after letter e) the following new paragraph f), which reads:

"F) disputes regarding the validity of contracts, which there was a realization of assets
essence sale outside the auction".

Existing letter f) shall become point g).

82nd In § 159 paragraph. 1 after letter f) a new point g), added:

"G) litigation to determine whether there is or is not a legal relationship or right
concerning the assets or liabilities of the debtor, if for such a determination
urgent legal interest".

The current letter g) becomes letter h).

83rd In § 159 the following paragraphs 3-6 are added:

"(3) Unless specified otherwise in incidental disputes
not continue after the end of the insolvency proceedings.

(4) incidental proceedings pursuant to paragraph 1. a) to c) and e) to g)

Can be continued after the cancellation of the bankruptcy of insolvency proceedings by
§ 308 para. 1 point. c) or by the decision which the insolvency court will take note
fulfillment reorganization plan or decision which
insolvency court will take note of the fulfillment of debt relief.
Incidence disputes under paragraph 1. a) In such a case they consider disputes about
determine the authenticity, amount or order filed claims for the amount of time it took
insolvency proceedings and incidence disputes under paragraph 1
point. b) except in disputes on the issue of monetization proceeds pursuant to § 225 paragraph.
5, for disputes on whether a thing right, claim or other property
value belonged to the estate of the debtor on the date of termination of the insolvency
management.

(5) The parties incidental disputes under paragraph 1. a) to c) and f)
g), which can be continued in accordance with paragraph 4, the date of termination of the insolvency proceedings
becomes instead a debtor insolvency administrator.

(6) incidental proceedings pursuant to paragraph 1. d) the date when the insolvency proceedings are closed
cancellation of the bankruptcy pursuant to § 308 para. 1 point. c)
or decision which the insolvency court will take note of fulfillment
reorganization plan or a decision, which the bankruptcy court will take note
meet debt relief, interrupt and can be continued only on the proposal of one of
debtor's creditors filed within 30 days after discontinuation
such a dispute. The date when the proposal reached the insolvency court will
each such creditor becomes a party place
insolvency administrator. Fails to file such motion within the prescribed period, none of the creditors
insolvency court proceedings incidental dispute stops. ".

84th In § 160, paragraph. 3, after the words "documents delivered" the words
'next delivery decree and "at the end of the text of paragraph 3 shall be added
words"; § 75 para. 2 shall not apply. "

85th In § 165, paragraphs 3 and 4 are added:

"(3) Other than the procedure referred to in paragraph 1 shall be in insolvency proceedings
satisfy the claims of the estate only, as provided by
this Act; the satisfaction of other claims are excluded.

(4) Unless otherwise provided below, the performance provided by the lender after
decision on bankruptcy procedure under this Act to satisfy his
claims will be credited first to the principal, then interest, then interest || | delay and ultimately to the costs associated with the application claims. ".

86th In § 167 at the end of the text of paragraph 1, the words "
unless the collateral lenders otherwise in writing."

87th In § 167 at the end of the text of paragraph 3, the words ";
other claims of secured creditors with a later ranking in this case
deemed to be unsecured in its entirety. According to the first sentence progresses
until the liquidation of the collateral. ".

88th In § 167, paragraphs 4 and 5 are added:

"(4) monetizing things, rights, claims or other assets in the insolvency proceedings
expires secure the debt secured creditor, and
even if they did not register its claims.

(5) If the security right, which ceased monetizing under paragraph 4
enrolled in a public or a closed list, which under a special legal regulation
testified ownership or other property rights concerning
realized thing, claim, right or other property value issue
insolvency administrator acquirer realized thing, claims, rights or other property values ​​
immediately confirm the termination of the collateral. ".

89th In § 168 under the designation following paragraph heading that reads:
"Claims against the estate of".

90th In § 168, paragraph 2 reads:

"(2) the claims against the estate of, if incurred after the decision
bankruptcy are

A) cash expenses and remuneration of the insolvency administrator,

B) costs associated with maintenance and administration of the assets of the debtor

C) reimbursement of necessary expenses and remuneration of the liquidator, a person in a position similar position
liquidator and representative responsible for the actions
implemented after the decision on bankruptcy

D) reimbursement of cash expenses and remuneration of experts appointed insolvency
court for the purpose of valuation of the estate

E) taxes, fees and other similar monetary payments, insurance
social security contributions and state employment policy premiums for

Public health insurance premiums for pension savings, debts incurred
correction amount of tax receivables from a debtor in insolvency proceedings
under the law regulating value added tax,

F) claims of creditors of the contracts concluded by a person with dispositional
privileges, except for contracts entered into by the debtor after approval
debt relief

G) claims of creditors of the contracts that are considered under this Act
under the contract, the fulfillment of the person entitled not refuse,
they relate to benefits provided to the creditor to the debtor after the commencement of insolvency proceedings
; It does not apply to claims relating to the performance
provided by the creditor for the duration of the debt relief

H) claims in the corresponding right to return performance of contracts, which
under this Act shall be construed as a contract, the fulfillment of the person authorizing
rejected if they relate to the fulfillment
provided to the borrower at the time from the commencement of insolvency proceedings
until the day when, according to this law arose effects of rejection;
It does not apply to claims relating to benefits provided to the creditor for the duration
debt relief

I) interest pursuant to § 171 paragraph. 4

J) the reimbursement of cash expenses of persons who provided the insolvency administrator
synergies

K) other receivables, of which as provided by law. ".

91st In § 173, at the end of paragraph 3 the phrase "Claims by creditors
bound to meet resolutive conditions shall be construed in insolvency proceedings
for unconditional until a subsequent condition is not met.
On creditors' claims linked to the fulfillment of conditions precedent does not initiate insolvency proceedings
influence. ".

92nd Under § 173, the following new § 173a, including the heading reads:

"§ 173a

Effects deadline for filing

Deadline set by the decision of the bankruptcy filing
expires effect associated with the commencement of insolvency proceedings referred to in § 109, paragraph
. 3. ".

93rd In § 178 at the end of the text of the first sentence the words "; It does not apply
depended if the insolvency court on the amount of claims submitted
on expert opinion or the discretion of the court. "

94th In § 178, the current text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) For the purposes of assessing whether the conditions referred to in paragraph 1
shall not be considered for signing the portion of the claim that the lender took
effectively back before the impact occurred, based on which, according to
this law disregarded denial of claims. ".

95th § 179 reads:

"§ 179

(1) If, after reviewing the procedure under this Act entered
secured claim is detected so that the lender has the right to satisfy
this receivable in the range of less than 50% of its amount or that it has the right to || | collateral in satisfaction of the order worse than stated in the application
claims his right to satisfaction of the claim from the security
is in insolvency proceedings disregarded; It does not apply if the decision depended
insolvency court of the amount of the secured claims submitted to
expert opinion or the discretion of the court. The provisions of § 167 paragraph. 4 is not affected.
Lenders who espoused such a claim, the insolvency court for insolvency administrator
proposal to impose order in favor
secured creditors who filed a claim with the provision of the same
property, paid an amount to be determined with respect all the circumstances
application and review of the law on ensuring the satisfaction of not exceeding
amount by which the value of the collateral listed in the application exceeded
collateral value identified; in terms of incidence dispute.

(2) For the purposes of assessing whether the conditions referred to in paragraph 1
is not regarded as raised in the application that part of the right to satisfaction of
ensure that the lender effectively took back before it occurred || | effect, under which under this Act disregarded denied
of the right to the satisfaction of the collateral. ".

96th In § 181, the words "jointly and severally liable with the registered creditor"
deleted at the end of the text, the words "unless the representation
extent common job function or function. This does not apply if the creditor
State or the Czech National Bank. "


97th In § 182, the words "the insolvency court to impose
obligation to pay an amount under § 178 or 179 'is replaced
" procedure pursuant to § 178 paragraph. 1 or § 179 paragraph. 1 ".

98th In § 183 paragraph. 3, the words "if it does not log the lender" is deleted and
words "seek instead" the words "without regard to whether it
known".

99th § 184 reads:

"§ 184

(1) A creditor who filed for claims or who is regarded as
logged lender may at any time during the insolvency proceedings
application to take back the claim. The insolvency court takes
withdrawal of the application note a decision which is specially delivered to the creditor,
debtor and the insolvency administrator; appeal against it may be filed only
creditor or a person who has filed a motion to intervene in place
creditor (§ 183 paragraph. 2). Of this decision
creditor participation in the procedure ends.

(2) A creditor who takes the application of the receivable back because it
meet some of the people from which it may require performance by the
§ 183 paragraph. 1 and 2, indicating that the withdrawal of the application; If they do not,
such person is responsible for damage or other harm resulting from such.

(3) In the case referred to in paragraph 2 shall notify the insolvency court of
withdrawal applications from persons who claim satisfied by withdrawal,
and give her a deadline to file a petition for leave to intervene instead of the lender;
Withdrawal of the application by the insolvency court will decide after this
period. The extent to which the insolvency court complies with the proposal of the person who
satisfy the claim, to intervene instead of the lender to the withdrawal of the application
claims disregarded. ".

100th In § 189 at the end of the text of paragraph 1, the words "and claims filed as a conditional
persons from whom the creditor may require performance by the
§ 183 paragraph. 1 and 2".

One hundred and first In § 189 at the beginning of paragraph 2, the following sentence "List of participants
debt insolvency administrator prepares and completes so that it could conclude
immediately after the deadline for applications and claims
in advance of the date of the review negotiations. ".

102nd In § 189 paragraph. 3, "held to 15" is replaced by "to be held
30" and the words "three days" is replaced by "10 days".

103rd In § 190 at the end of paragraph 2 sentence "Unless otherwise provided below
may insolvency administrator at his own risk and on their
costs (§ 39 par. 2) be represented at the review hearing another || | person registered on the list of trustees. ".

104th In § 190 paragraph. 3, the words "through a public data network
" are deleted.

105th In § 190 the following paragraph 4 is added:

"(4) The insolvency court may impose the insolvency administrator to give him
assistance necessary to prepare the review hearing and determine the nature
this synergy.".

106th § 191 reads:

"§ 191

(1) The review of claims during the review hearing is going
list of filed claims. Claims filed a conditional persons
from whom the creditor may require performance under § 183 paragraph. 1 and 2,
not be placed on review hearing after a period during which the insolvency proceedings
applied to the Debtor filed claim by the lender.

(2) During the review meeting will be considered enforceable each registered
claims which the creditor proves that it has become enforceable
later than the date of the decision on bankruptcy. The review hearing can not be considered an enforceable claim
unenforceable for reasons for which
been denied. When in doubt, decide whether the claim
regarded for its review enforceable, until the completion of the review hearing
insolvency court; do so by resolutions
not delivered and against which it is not subject to appeal. ".

107th In § 197 paragraph. 2, "which is" replaced "instruct
insolvency administrator or the insolvency court during the review hearing on
further action; creditors who review hearing. "

108th In § 198 paragraph. 2, the words "Commercial Code" are deleted.

109s. In § 203, paragraph 1 reads:

"(1) Unless otherwise provided below, claims against the estate of a
claims equated to apply in writing to the person with

Entitled. The application of such a claim, a creditor
while always inform the insolvency administrator;
contents of this notice in the implementing legislation. ".

110th In § 203 para. 3, "insolvency administrator" shall be replaced
"person entitled".

111th In § 203 para. 4, the words "insolvency administrator" shall be replaced
"person entitled", the words "against the insolvency administrator"
be replaced by "against the person entitled," and the word
" the fault "is inserted after the word" insolvency ".

112th In § 203 para. 5, the words "insolvency administrator" shall be replaced
"person entitled".

113th Under § 203, the following new § 203a, which reads:

"§ 203a

(1) If in doubt about whether the debt claimed by the creditor pursuant to § 203
receivable from the estate of the receivable or built
her on a par with or receivable, which is in insolvency proceedings
satisfy (§ 170 ) saves the insolvency court without a petition creditors
which it asserted that within 30 days filed in bankruptcy court proceedings to determine the order applied
receivable; the proposal of the insolvency administrator and
do it every time. The application must be filed against the insolvency administrator.
Barring action by determining the rank of the claim put forward as a claim against the estate of
as a receivable or assimilated
claim against the estate of a specified period
insolvency court or if it is not upheld, it shall be submission as lender
asserted such a claim, the claim for application and satisfaction
receivable as loans and receivables or assets in a
built it on an equal footing in insolvency proceedings is excluded. Barring
action for determining the rank of the claim, which is in insolvency proceedings
satisfy, within the prescribed period the insolvency court or unless
complaint is upheld, the satisfaction of such claims in insolvency proceedings
excluded.

(2) an action under paragraph 1 of an interlocutory dispute under § 159, paragraph
. Point 1. and); provisions for denial of claims submitted
order shall apply mutatis mutandis. ".

114 respectively. In § 204 Para. 1, the word "Security" is replaced by "Unless further
otherwise specified security".

115th In § 205 paragraph. 1, "on the launch date," replaced by "
the time of the effects associated with the launch."

116th In § 205 paragraph. 2, the words "at a time when the insolvency court ordered
preliminary measure" are replaced by "moment occurred
effects of a preliminary injunction, which the bankruptcy court", the words "at a time | || when the insolvency court issued a "be replaced by" moment occurred
effects "and" after "are replaced by" after they occurred
effects ".

117th In § 207 par. 1, the word "Do" is replaced by "Unless this law
otherwise do".

118th In § 207, paragraph 3 shall be added:

"(3) If the provisions on enforcement or execution
assessment questions that assets may not be subject to the execution of the decision or execution,
depend on the decision of the court, for the purposes of insolvency proceedings will issue a decision
insolvency court. ".

119th In § 208, the word "Do" is replaced by "Except as otherwise provided in this Act
otherwise do".

120th In § 209 paragraph. 1 at the end of the text of the first sentence the words "
even if it is not the person entitled."

121st In § 212 paragraph. 2, the words "place of business" is deleted.

122nd In § 212 paragraph. 4, the words "place of business" is deleted.

123rd In § 217, the current text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) The insolvency administrator shall be deleted from the list of property values ​​that
during the insolvency proceedings it emerges that does not belong to the estate
nature; This applies regardless of the fact that at the time of decommissioning is already a person who has
on disposal of benefit may not claim the exclusion of those
assets of the estate. He will do so after consultation with the creditors' committee and
after informing the insolvency court;
This does not exclude the possibility of re-inventory of decommissioned assets into
assets. ".

124th In § 224, paragraph 1 reads:

"(1) The insolvency administrator who writes the inventory of things right,

Receivables and other assets that do not belong to the debtor or
whose inclusion in the estate is controversial mainly because the
those third parties asserting rights that it excludes the inventory
notes, whom scheduling assets belong to, or who it applies
his right. This person insolvency administrator in writing to the inclusion
property into inventory and on its request her about this issue a certificate.
Certificate must always include the grounds on which the insolvency administrator
wrote these assets. ".

125th In § 224 after paragraph 1, the following paragraph 2 is added:

"(2) Notification pursuant to paragraph 1 shall include information on the possibility
file a lawsuit exclusion and the consequences deadline for submitting
exclusion proceedings; contents of this notice
down implementing legislation. ".

Paragraphs 2 and 3 shall become paragraphs 3 and 4

126th In § 225 paragraph. 5, after the word "if" the words "and the
extenuating circumstances determined" and the words "first step" is
replaced by "in the verdict of the decision."

127th In § 229 paragraph. 3 after subparagraph a) the following new paragraph b), which reads
:

"B) the debtor at the time of the decision on bankruptcy to decide how
resolving insolvency".

Existing letters b) to d) are renumbered c) to e).

128th In § 229 at the beginning of paragraph 4 the following sentence "The provisions of paragraph 3
not affect restrictions imposed by the debtor authorizing
insolvency law or decision of the insolvency court during
insolvency proceedings.".

129th In § 229 the following paragraph 5 is added:

"(5) The decision on bankruptcy and if the borrower insolvency petitioner
from the moment he became, the borrower pays the duties of authorizing
provisions of § 36 and 37 mutatis mutandis.".

130th In § 230, paragraph 2 reads:

"(2) In the case of governance, rights, claims or other property
value that is used to secure the debt, the person with the dispositional
privileges secured creditor bound by the guidelines geared towards good governance
; if secured creditors more grants these guidelines
secured creditor whose claim is satisfied by securing the first in
order. If the secured creditor does not grant the appropriate instructions in either
period to be determined by the insolvency court, has the right to grant a secured creditor,
whose claim is satisfied from the collateral as the next; otherwise
grant guidelines within the supervisory activity, the insolvency court that
also determine the costs associated with executing the instruction.
Person with the authorizing officer may refuse instructions secured creditor,
if it considers it not calling for good governance; In this case
ask the bankruptcy court for their review within the supervisory activity. ".

131st In § 230, paragraphs 4 and 5 are added:

"(4) In the absence of instructions secured creditor pursuant to paragraph 2 is connected
written consent of the other secured creditors, whose claims
satisfies the same collateral, the person entitled
promptly inform the insolvency court. The insolvency court in this case
orders within 30 days, at which a decision on whether the guidelines
secured creditor approval. During negotiations can be discussed only objection against the guidelines
secured creditor to the other creditors to ensure
apply in writing to the insolvency court within 7 days from the date of publication of these guidelines
in the insolvency register;
submitted later to the objections shall be disregarded. To conduct the insolvency court summons
insolvency trustee and the debtor and the secured creditors who provide instruction on
objections in the third sentence.

(5) Decisions pursuant to paragraph 4, against which no appeal is possible,
is delivered separately to the insolvency administrator, the debtor and the secured creditors
concerned. ".

132nd In § 231, paragraph 2 reads:

"(2) In the course of the insolvency proceedings shall examine the invalidity of such
legal act only by the insolvency court.".

133rd In § 235 paragraph. 2, after the word "acts" the words ", including those
which the Act refers to as ineffective and that the debtor has done
after they occurred effects associated with the commencement of insolvency proceedings," and

At the end of the text of paragraph 2, the words "unless otherwise stipulated
".

134th In § 239 paragraph. 1, first sentence, the words "only
insolvency administrator," the words "even though not a person with dispositional
privileges," and after the semicolon including the semicolon is deleted.

135th In § 239 paragraph. 4, the first sentence following the sentence "This does not affect the right of the insolvency administrator
if it was a sum of money or that
to go for financial compensation for the performance provided, require the opposing action
besides determining the ineffectiveness of the debtor's legal act and this
financial performance or financial compensation claims. ".

136th In § 246 at the end of the text of paragraph 2, the words "by law; §
235, paragraph. 2 does not apply. "

137th In § 248 paragraph. 2 at the end of the text of the first sentence the words "or executor
lien on real estate."

138th In § 248, paragraph 4 is repealed.

139th § 251 is deleted.

140th In § 253 under the designation following paragraph heading that reads:
"Agreement on mutual performance."

141st In § 253 paragraph. 1, the words "withdraw from the agreement" shall be replaced
"refuse to fulfill".

142nd In § 253 paragraph. 2, the number "15" is replaced by "30" and the words "
contract withdraws" is replaced by "performance declined."

143rd In § 253 paragraph. 4 the words "withdraws If the insolvency administrator since
contracts" are replaced by "refusal of the insolvency administrator performance" and
word "application claims" the words "no later than the | || 30 days of the rejection performance. "

144th In § 254 at the end of the text of paragraph 2, the words "and that
later than 30 days after the declaration of bankruptcy."

145th In § 256 paragraph. 3, the word "conditional" is replaced by "
linked to the fulfillment of conditions precedent."

146th In § 258 at the end of the text of the first sentence the words "and that
within 30 days from the date of withdrawal."

147th In § 263 paragraph. 1, the first sentence is replaced "Unless this
Act stipulates otherwise interrupt the litigation and arbitration, which
concerning the estate or to be met from the assets of the essence
whose party is the debtor, the bankruptcy filing. "
and at the end of the text of the second sentence, the words";
option to proceed according to § 141a remain unaffected. "

148th In § 263 paragraph. 4 words "administrative authority or other authority" shall be
words "or arbitrator permanent court of arbitration."

149th In § 264 paragraph. 1 after the words "the court" the words "
arbitrator or the Permanent Court of Arbitration, in which the proceedings are conducted".

150th In § 264 paragraph. 2, after the word "court" the words "
arbitrator or a permanent arbitration court in which the proceedings are conducted".

151st In § 265 paragraph 1 and 2 added:

"(1) interrupted proceedings in which, at the time of declaration of bankruptcy creditors
applied against the debtor receivables or other rights that
concerning the estate or to be met from the assets
nature, can be continue on the proposal of the creditors or the insolvency administrator
, in the case of disputes regarding the scope of the estate, with the exception of disputes about
withdrawal of assets from it, or if it is a procedure for claims with a right to the satisfaction of
or ensuring the management of claims for property
nature or receivables built them on an equal footing. The day when
court or arbitrator Permanent Court of Arbitration, in which the proceedings are conducted
, walked proposal to continue the proceedings, the insolvency administrator
become a party instead of the debtor.

(2) In proceedings concerning receivables and other rights relating to property
nature, which are to be applied in insolvency application, or
which is in insolvency proceedings are regarded as registrations can be after
declare bankruptcy proceeding only if elected on the proposal that the person who
such a claim, or at the request of the insolvency administrator
insolvency court; the same applies in the case of proceedings interrupted
declaration of bankruptcy under § 263, which does not apply to provisions contained in §
264 and paragraph 1. The decision on this proposal does not appeal
permissible. The decision is delivered to the debtor, the insolvency administrator and
petitioner. ".

152nd In § 266, paragraph 1 reads:

"(1) A declaration of bankruptcy with the court and arbitration proceedings interrupt



A) criminal proceedings

B) inheritance proceedings and inheritance,

C) the procedure for settlement of property of the debtor and his spouse

D) the procedure for maintenance of minor children without regard to whether it
borrower acts as a person entitled to or as a taxable person,

E) proceedings in matters of protection of personhood and in matters of good name and reputation
legal persons; this does not apply if the debtor is an entrepreneur or
if required cash transactions,

F) proceedings relating to public registers under a special legal
regulation

G) proceedings relating to capital market

H) enforcement proceedings or execution,

I) proceedings in which the debtor is the only participant. ".

153 above. In § 266 the following paragraph 4 is added:

"(4) The adjustment pursuant to paragraphs 1 to 3 shall be without prejudice to the provisions of § 140a
§ 140e.".

154th In § 267 paragraph. 1, the first sentence be deleted.

155th In § 267 at the end of paragraph 1 the sentence "The provisions of § 140e
not affected.".

156th In § 267, paragraphs 2 and 3 are deleted.

Former paragraph 4 becomes paragraph 2

157th In § 269 para. 2 the words "If, at the time" the words "
from the time of the effects associated with the commencement of insolvency proceedings,
do."

158th In § 269 paragraph 3 reads:

"(3) If the invalidity of the contracts between spouses under paragraph 1
there is a change rights registered in the Land Register, administered
liquidator relevant cadastral workplace
proposal for a deposit, which shall submit the confirmation containing the details about how to change
rights occurred. ".

159 aircraft. In § 277, paragraph 2 deleted.

Former paragraphs 3 and 4 become paragraphs 2 and 3

160th § 278 is deleted.

161st In § 281 paragraph. 2, the number "7" is replaced by "10".

162nd In § 283, paragraphs 4 and 5 are added:

"(4) Copies of documents proving the realization of assets and
conditions under which monetization occurred, submit to the bankruptcy trustee
insolvency court to establish in the insolvency file immediately after
what occurred monetization .

(5) Unless otherwise builded furthermore, do not pass by monetizing assets
essence of the acquirer drains on things. ".

163rd In § 284 at the beginning of paragraph 2, the following sentence "
statutory pre-emption rights of the insolvency administrator in real assets
inherently bound.".

164th In § 284 the following paragraphs 3-5 are added:

"(3) The insolvency administrator is in the realization of assets tied
statutory pre-emptive tenant who is a natural person to
unit included in the assets during its first transfer by
§ 1187 of the Civil Code .

(4) The insolvency administrator is in the realization of assets tied
obligation to provide transfer units included in the assets
authorized persons in accordance with § 1188 of the Civil Code.
The insolvency administrator is also inherently bound to monetize a statutory pre-emption right
formed tenant's rights under the Act on Ownership of Flats.

(5) The insolvency administrator shall perform all the tasks that are
transfers are made pursuant to paragraphs 3 and 4 are necessary; For this he
from persons authorized under paragraphs 3 and 4 are entitled to compensation costs
necessarily incurred in carrying out all necessary operations and the remuneration provided
under special legislation. If it fails to
person authorized under paragraph 3 or 4 of the right to convert the units within 3 months of receipt of bids
insolvency administrator, the insolvency administrator
monetize unit procedure under this Act. ".

165th In § 285 paragraph. 1, letter b) reads:

"B) for other defects tied to the realization of the assets, including
unexercised pre-emptive rights pursuant to § 284 paragraph. 3 and 4, including defects
listed in a public directory, unless stipulated otherwise.".

166th In § 285, paragraph 4 reads:

"(4) Unless special legislation provides otherwise, monetization of assets
nature in so far as they relate monetized assets do not disappear
servitudes and real burdens, with the exception of those in
insolvency proceedings ineffective. ".

Footnotes. 42 to 44 are deleted.

167th In § 289 paragraph 3 reads:

"(3) The contract, which was to monetize the sale outside the auction,

Can be challenged only in an action brought by the bankruptcy court until
3 months from the date of publication of the contract in the insolvency register. ".

168th In § 290, paragraph 2 deleted.

Existing paragraph 3 shall be renumbered 2.

169. In § 291, paragraph 1 reads:

"(1) monetizing the debtor's enterprise single contract
transferred to the transferee all rights and obligations, which are covered by the sale, including
rights and obligations arising from labor relations to
employees of the debtor's business, with the exception of
claims against the debtor which arose prior to the effectiveness of the contract. ".

170th In § 291 paragraph. 2, the words "Commercial Code" is replaced
"special regulation".

171st § 293 reads:

"§ 293

(1) In the case of monetization things, rights, assets or other property
values ​​which serve to secure the claim, the insolvency administrator
bound by the instructions secured creditor directed towards monetization; if
secured creditors more grants these instructions secured creditor whose claim is satisfied
of collateral as the first item.
If the secured creditor does not grant the relevant instructions within the period specified
bankruptcy court has the right to grant a secured creditor whose claim is satisfied
of collateral as the next.
Insolvency administrator may reject the guidelines, if it considers that the subject can be cashed in ensuring
preferably; In this case, ask the bankruptcy court of
their review within the supervisory activity.

(2) The provisions of § 230 paragraph. 3-5 applies accordingly. The provisions of § 286 paragraph.
2, § 287 paragraph. 2 and § 289 paragraph. 1 shall apply only if there is no order here
secured creditor. ".

172nd In § 295 paragraph. 1 at the end of the text of the first sentence the words "i
when they testify statutory pre-emption" and at the end of the text of paragraph 1
words "; but they are identified as valid if the person who is affected by them
, invalidity unsuccessful. Invalidity shall not invoke one
who caused it myself. "

173rd In § 297 paragraph. 1, after the word "may" the words "to cover
bonuses and cash expenses of the insolvency administrator, the creditors' claims arising
moratorium for the duration of the contracts under § 122 paragraph. 2, creditor claims from || | loan financing and the costs associated with maintenance and administration of the estate
".

174th In § 298 paragraph. 2, the words "monetize" the words "
according to paragraph 4, unless the bankruptcy court decides otherwise".

175th In § 298, after paragraph 2 the following paragraph 3 is added:

"(3) against the proposed insolvency administrator on the issue of monetization proceeds
pursuant to paragraph 2, the other creditors and the debtor to file objections within 7
days of the publication of the proposal in the insolvency register;
for later lodged objections shall be disregarded. To be considered timely filed objections
directs the insolvency court within 30 days, at which decides
whether the proposal meets the insolvency administrator. ".

The former paragraphs 3 to 5 shall be renumbered 4 to 6

176th In § 298, paragraph 7, which reads:

"(7) A decision on the proposal of the insolvency administrator on the issue of monetization proceeds
pursuant to paragraph 2 shall be delivered separately to the debtor, the insolvency administrator
, hedged creditors, to whom the proceeds given, and creditors who oppose
They filed an objection; Only those persons may
against the decision to appeal. ".

177 cells. § 299 is deleted.

178th In § 300 under the designation following paragraph heading that reads:
"Informing the realization of assets".

179th At the end of § 300, the following sentence "If the monetization of assets
essence extinguished property rights concerning monetized assets, issue
insolvency administrator acquirer of assets monetized immediately confirm the termination of these
property rights.".

180th In § 301 at the end of paragraph 4, the sentence "The withdrawal can
argue also that have not met the conditions for authorizing the partial
schedule.".

181st In § 304 paragraph. 3, the words "state in the decree on the official board"
replaced by "insolvency court will publish a decree" and the word
"creditors" the words "and the public prosecutor's office."

182nd In § 304 paragraph 5 reads:

"(5) was not filed objections to the final report, the insolvency
court to issue a decision pursuant to paragraph 4 without ordering a hearing.".


183rd In § 304, the following paragraph 6 is added:

"(6) Decisions pursuant to paragraphs 4 and 5 delivers the insolvency court
insolvency administrator, the debtor and creditors, whose objections were
ruling. Appeals against these decisions may file an insolvency
administrator and creditors and the debtor, the opposition was not upheld. ".

184th In § 305 paragraph. 1, the words "§ 298 and § 299 paragraph. 1" is replaced
"§ 167 and 298".

185th In § 305, paragraph 2 reads:

"(2) Failing achieved proceeds from the realization of assets
to satisfy all claims referred to in paragraph 1 shall be satisfied
first prize and the cash expenses of the insolvency administrator, then
claims of creditors arising during the term moratorium on contracts under § 122 paragraph. 2, then
creditors' claims from credit financing, then relatively
costs associated with the maintenance and administration of the estate and labor
debts of debtors employees arising after the decision on bankruptcy and
after the creditors' claims on the maintenance of law and then claims
creditors for damages caused to health; Other claims are satisfied proportionally
. Monetization proceeds pursuant to § 298 paragraph. 2
but can be used to satisfy other claims to satisfy the claims of secured creditors
. ".

186th In § 314 paragraph. 1 at the beginning of the letter b) the words'
been detected. "

187th In § 314 paragraph. 1 point. b) the word "not" is replaced by
"excess".

188th In § 316 para. 4 the word "turnover" is replaced by "annual aggregate net turnover
" amount "100 million CZK" is replaced by "50 000 000 CZK
" and the number "100" is replaced by '50'.

189th In § 316 para. 5, the words "15 days" shall be deleted.

190th In § 316, the following paragraph 6 is added:

"(6) In the case of an insolvency petition creditor and debtor before deciding on bankruptcy
request to extend the deadline for submission of the reorganization plan
pursuant to paragraph 5, the insolvency court decision on bankruptcy will extend this deadline
a maximum of 30 days. ".

191st In § 329, paragraph 3 is deleted.

Former paragraph 4 becomes paragraph 3

192nd In § 330, paragraph 1 is deleted.

Paragraphs 2 to 6 shall be renumbered 1 to 5

193rd Under § 330, the following new § 330a, which reads:

"§ 330a

(1) For the duration of the reorganization shall apply mutatis mutandis to § 246 Para. 4 and §
253 to 260. The rights payable under these provisions
insolvency administrator, the debtor carries authorizing only with the consent of the creditors' committee
; a breach of this obligation applies § 330 paragraph.
2, second sentence.

(2) For agreements on mutual performance, the debtor
disposition authority that within 30 days from the approval of reorganization does not respond, so he refuses to meet
must fulfill the contract. ".

194 cm. In § 331, the words "ensures oversight discovery and inventory of the estate
" is replaced by "continuing to seek equity
nature and its inventory, resulting incidence disputes".

195th In § 333 at the end of paragraph 2 the sentence "If it is not a
reorganization permitted on a proposal to permit the reorganization
filed by the creditor or if the debtor does not have the right to assemble
reorganization plan, have the right to appoint or elect and dismiss members of the statutory body
borrower and the Supervisory Board of the debtor to the creditor committee. ".

196th In § 335 paragraph. 1, the second sentence deleted.

197th In § 336 paragraph. 2, the words "insolvency administrator"
words "provisions of § 51 paragraph. 2 this is without prejudice".

198th In § 339 paragraph. 6, after the words "paragraph 4," the words "may
about who has the preferential right to draw up a reorganization plan, decide
meeting of creditors. Unless the meeting of creditors under the first sentence, "and
words" other persons "the words" to a proposal to permit
reorganization filed, or join it. "

199th In § 340 the following paragraph 4 is added:

"(4) The requirements of the reorganization plan provides
implementing legal regulation.".

200th In § 347 paragraph. 1 after the word "debt" shall be inserted
"voting".

Two hundred and first In § 354 at the end of paragraph 4, the sentence "When it concerns restrictions
dispositions debtor's estate registered in the Land

Property shall inform the insolvency administrator of the respective cadastral
workplace. ".

202nd In § 356 paragraph. 1 after the words "against the debtor" the words "and
even in the event that his claim in the insolvency proceedings
logged".

203rd In § 356 paragraph. 4 the words "or inserted" and the words "and also stated
wording record" are deleted.

204th In § 363 paragraph. 1 point. b) the words "authorized person"
inserted the words "or a person designated by the meeting of creditors" and at the end of the text of letter b)
, the words ", and within 30 days thereafter, will be filed for convening meetings
creditors for the purpose of deciding who the other person is
preferential right to draw up a restructuring plan, or such other person
not form within a specified period restructuring plan or take it back. "

205th In § 363 paragraph. 1 at the end of paragraph e) the word "or" is deleted.

206th In § 363 paragraph. 1 at the end of letter f) the period is replaced by the word "or
" and a letter g), added:

"G) the debtor after approval of the reorganization plan did not pay claims against the estate of a
debts built them on an equal footing under § 348
paragraph. Point 1. E).".

207th In § 367 paragraph. 1 letter a) reads:

'A) banks and savings and credit cooperatives after they disappeared
license or permit under special laws governing their
activities ".

-208. In § 373 paragraph. 2 point. b) the words "[§ 2. g)] "are deleted.

209th In § 373 paragraph. 4 the words "[§ 2. g)] "are deleted.

210th In § 385 paragraph. 2 point. b) the words "[§ 2. g)] "are deleted.

211th In § 385 paragraph. 4 the words "[§ 2. g)] "are deleted.

212th § 389 reads:

"§ 389

(1) The debtor insolvency court may propose to the bankruptcy or
its impending bankruptcy handled the debt of the case by

A) legal entities, which by law is not considered entrepreneurs
and also has debts of the business, or

B) a natural person who has debts of the business.

(2) Debt of business solutions do not prevent the debtor's insolvency or bankruptcy of the debt of the impending
if

A) with the consent of the creditor whose claim goes, or

B) it is a creditor's claim has remained unsatisfied after
insolvency proceedings in which the insolvency court annulled the bankruptcy of the debtor's assets
according to § 308 para. 1 point. c) or d) or

C) the case of a receivable secured creditor.

(3) person other than the debtor is entitled to petition for permission to file a debt relief
. ".

213th In § 392 paragraph 2 and 3 added:

"(2) The written consent of the creditor under paragraph 1. c) it must be noted
what will be the lowest value of the transaction which is agreed with the borrower
.

(3) Unless otherwise stated below, the signature of the debtor's spouse on a proposal to permit
debt relief is required. If there are people willing
allow the debtor to meet debt reduction or gift it for the duration of deleveraging
pay regular cash benefits, joins borrower
petition for debt relief, a written gift agreement or contract for
retirement; the signatures of these persons on contracts must be authenticated. ".

214th Under § 394, the following new § 394A, including the heading reads:

"§ 394A

The joint proposal of spouses for permission debt relief

(1) Spouses, each of which alone is the person authorized to file a petition for permission
debt relief, this proposal may be filed jointly. To assess
whether the persons entitled to submit a joint proposal to permit spouses
debt relief, it is decisive whether a spouse on the date when such a proposal comes
insolvency court.

(2) Joint Proposal for a permit spouses debt relief must contain an explicit statement
both spouses to agree to all their
property was for approval of debt relief by monetizing assets of
considered assets in common marital property; signatures of both spouses at
statement must be authenticated.

(3) The couple, who have filed a joint motion to permit discharge of debts, after having
duration of insolvency proceedings on this proposal and for the duration of the effects of debt relief
position inseparable companions and are considered one
borrower. ".

215th In § 395, paragraph 2 reads:

"(2) The insolvency court rejects motion to permit discharge of debts, even if

If the current results of the proceedings show reckless or negligent approach
debtor to fulfill the obligations in the insolvency proceedings. ".

216th In § 395, paragraph 3 is deleted.

Former paragraph 4 becomes paragraph 3

217th In § 397, paragraph 1 reads:

"(1) If the withdrawal of the petition for debt relief nor its
refusal or rejection, the insolvency court shall permit the discharge of debts. In
doubts about whether the debtor is entitled to file a
debt relief, debt relief, the insolvency court shall permit and explores this question in
During the creditors' meeting convened to discuss the method of debt relief and
vote on its adoption. Bankruptcy court will not allow debt relief until
than his debtor shall submit a list of assets and liabilities list.
Decision on the authorization of debt relief is delivered to the debtor, the insolvency administrator and the creditors' committee
. Appeal against it is not permitted. ".

218th Under § 397, the following new § 397A, added:

"§ 397A

During the deleveraging apply mutatis mutandis the provisions of § 253 to 260. The rights
payable under these provisions of the insolvency administrator, performs
continues insolvency administrator. ".

219th In § 398 paragraph. 2 at the end of the text of the first sentence the words "and
realization of assets in debt relief has the same effects as
realization of assets in bankruptcy."

220th In § 399 par. 2, a sentence added after the first sentence, "insolvency administrator
at his own risk and at its own expense (§ 39 par. 2) may be represented
at the meeting of creditors under paragraph 1 of another person; It does not apply if
bankruptcy court calls for the bankruptcy trustee
such meetings attended in person. ".

221st In § 402 paragraph. 5, the words "; They will do so until the end of the meeting of creditors
and in the case of § 399 par. 3-15 days after the publication of the results
vote in the insolvency register "is replaced by" decisions on debt relief
approval (§ 406). "

222nd In § 403 par. 1, after the word "justify" the words
"or rejection."

223rd In § 403 par. 2, after the word "justify" the words
"or rejection."

224 '. In § 403 at the end of paragraph 2 the sentence "It is true that lenders
who have not exercised timely objection in the first sentence, agrees debt relief
without regard to whether the borrower has debts of the business.".

225th In § 405 paragraph. 1, after the word "justify" the words
"refusing or" a part of the sentence after the semicolon including the semicolon is deleted.

226th In § 406 paragraph. 2 at the end of the text of letter b) the words "
including property, which will become part of the estate under § 412
paragraph. Point 1. b) ".

227th In § 408, paragraph 1 reads:

"(1) Effects of deleveraging approval by monetizing assets of the true
regarding property belonging to a the estate at the time of approval of debt relief
analogy the provisions of this Act on the effects
declaration of bankruptcy, including the dissolution of the joint property of the debtor and his husband.
Case of debt relief allowed at the joint request of the spouses (§
394A) is considered from the moment of approval of debt relief takes effect
monetization of the estate, all property of the spouses in joint assets
marital property, which does not expire. ".

228th In § 408 after paragraph 1 new paragraphs 2 and 3, which
added:

"(2) Disposition authority over the property which the debtor obtained after
effects occur approval of debt relief has the legal force of the decision on the approval of debt relief
monetization of the assets of the debtor.
Performance decision or execution, which affected such property may be for the duration
debt relief order or initiate and perform just for receivables
not to be satisfied at the same time, debt relief and incurred
after the occurrence the effects of the approval of debt relief.

(3) Property that is used to ensure the bankruptcy trustee after approval
deleveraging by monetizing assets of cashing in on request only
secured creditor if the monetization of other assets will be
fully satisfy the claims of unsecured creditors, or if
apparently secured claim exceeds the value of the collateral. ".

Existing paragraph 2 shall be renumbered 4.

229th In § 409, paragraph 2 reads:

"(2) Disposition permission to property belonging to the estate

At the time of approval of debt relief, including property, which the borrower could still
costs due to the effects of regulation or the commencement of
decision or execution, by a legal decision on the approval of debt relief
completing rescheduling of borrower ; this does not apply if the
assets used for collateral. The property which the debtor obtained after
what effects occur approval of debt relief from the portion of income that is not subject
debt relief, does not belong to the estate.
Enforcement of a judgment or execution, which affected such property may be for the duration
debt relief order or initiate and perform only for claims that
not be satisfied at the same time, debt relief and incurred after
occur the effects of the approval of debt relief. ".

230th In § 410, at the end of paragraph 1 the phrase "insolvency administrator
at his own risk and at its own expense (§ 39 par. 2) may be represented
during the review hearing another person; It does not apply if insolvency
court asks the bankruptcy trustee review hearing attended
personally. ".

231st In § 410 paragraph. 2, the words "insolvency administrator"
words "provisions of § 51 paragraph. 2 this is without prejudice".

232 interface. In § 412 paragraph. 1, letter b) reads:

"B) values ​​obtained by inheritance, gift and ineffective legal act
as well as assets that the debtor did not list property, although this had
obligation to issue insolvency administrator monetization and mining, as well
as its other extraordinary income, to use the extraordinary installments over
framework for rescheduling ".

23.3. In § 412 paragraph. 1, letter d) reads:

"D) always on March 15 and September 15 of the calendar year to submit
insolvency court, the insolvency administrator and the creditors' committee
overview of their income for the last 6 calendar months, unless the bankruptcy court
resolution approving debt relief for another
submission ".

234th In § 412 paragraph. 1 point. e) the word "plan" is replaced by "events
approval".

235th In § 412 at the end of paragraph 3 the sentence "It is understood that
borrower, which for the duration of the effects of the approval of debt relief does not reject the heritage
exercised reservation inventory.".

236th In § 414 paragraph. 1, the words "after hearing the debtor" shall be deleted.

237th In § 414 paragraph. 4 the words "filling rescheduling" is deleted.

238th In § 418 paragraph. 1 point. c) the word "plan" is deleted.

239th In § 418, after paragraph 2 the following paragraph 3 is added:

"(3) The insolvency court-approved debt relief and canceled simultaneously
decide on how to resolve the bankruptcy debtor's bankruptcy also the case if we start after the approval of debt relief
clear the circumstances under which it can reasonably
assume that debt relief, is monitored by a dishonest intention. ".

Former paragraphs 3 and 4 become paragraphs 4 and 5.

240th In § 418 para. 4 in the first sentence, the words "paragraph 1"
inserted the words "and 3".

241st In § 418 paragraph. 5, the words "paragraph 1" the words "and 3" and
words "paragraph 3" are replaced by "paragraph 4".

242nd In § 420 par. 2, the words "place of business" is replaced by
"seat".

243rd In § 421 paragraph. 1 at the end of the text of letter c) the words "or
insolvency court."

244th In § 422 paragraph. 1, the second sentence is replaced by the phrase "Such a request may be submitted at any time
during the insolvency proceedings.".

245th In § 423, the current text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) The insolvency register the necessary time not embedded
submission or other documents, the immediate disclosure would frustrate the purpose
insolvency proceedings.".

246th In § 424 paragraph. 1, "posted on the official board of the court and
current" are deleted.

247th In § 425 paragraph. 1 and 3, the words "point. a) to c) "are deleted.

248th In § 431 letter a) reads:

"A) requirements for record pursuant to § 85, call for applications
receivable, inventory, an inventory notice, notice of application
claims against the estate of her claims or
built on the same footing, the list of registered claims , application forms, claims handling
applications of claims, the rules for their safekeeping and
access to them essentials ballots essentials
reorganization plan, the essentials of the report on a reorganization plan,

Form petition for debt relief and particulars of the claim form denial
registered creditor. "

Art. II


Transitional provisions
Act no. 182/2006 Coll., As amended, effective from the date of entry into force of this Act
applies for insolvency proceedings commenced before the effective date
force of this Act, the legal effects of the acts which the insolvency
proceedings occurred before the effective date of this Act, remain
maintained.
PART TWO


Changing the law on insolvency administrators

Art. III

Act no. 312/2006 Coll., On insolvency trustees, as amended by Act no. 108/2007 Coll
., Act no. 296/2007 Coll., Act no. 124/2008 Coll., Act No. .
41/2009 Coll., Act no. 223/2009 Coll., Act no. 227/2009 Coll., Act no. 420/2011 Coll
., Act no. 428/2011 Coll. and Act no. 185/2013 Coll., is amended as follows
:

First In § 3 para. 2, "in which it is permissible without further
reorganization by special Act 3), regardless of the method of solving
bankruptcy of the debtor" are replaced by "the decline is solved
reorganization or whose annual net turnover
under a special legal regulation 13) for the last financial year preceding
insolvency petition has reached at least the amount of CZK 100 million, or
which employs at least 100 employees in employment. "

Footnote. 13 reads:

"13) Act no. 563/1991 Coll., On Accounting, as amended
regulations.".

Second In § 4 para. 2 at the end of subparagraph d) the word "and" is replaced by a comma.

Third In § 4 para. 2 at the end of paragraph e) the period is replaced by the word "and" and
following letter f), which reads:

'F) a statement of academic orientation for entry into the relevant part
list of trustees. ".

Fourth In § 5 para. 2 point. b) the word "and" is replaced by a comma.

Fifth In § 5 para. 2 at the end of subparagraph c) the period is replaced by the word "and" and
letter d), which reads:

"D) a statement of academic orientation for entry into the relevant part
list of trustees.".

6th Under § 5 the following new § 5, including the heading reads:

"§ 5a

Headquarters and the establishment of an insolvency administrator

(1) The seat of the bankruptcy trustee is a place where real and
mainly conduct business.

(2) If the insolvency administrator

A) lawyer, entered in the list of his mansion on the list
lawyers

B) tax advisor, entered in the list of his mansion on the list
tax advisors

C) auditor entered in the list of his mansion on the list
auditors

D) the notary shall be entered on the list of registered office notarial office to which he was appointed
.

(3) If the insolvency administrator or public company
foreign companies entered in the list of its registered office, or
location of a branch registered in the commercial register.

(4) the establishment of an insolvency administrator is the place where in specified
days and hours (hereinafter referred to as "office hours") insolvency administrator
actually conduct business.

(5) The activities of the insolvency administrator may be exercised in a more
premises if they bankruptcy trustee has the ownership or usufruct
. The circumference of the district court, however, can have only one establishment
. The circuit of one regional court may
insolvency administrator more plants. If the insolvency administrator in the district one county court
more plants, entered in the relevant parts list
conducted under the jurisdiction of regional courts, only one business in which
joined the declaration of professional focus on solving the debtor's bankruptcy || | bankruptcy as the first item.

(6) In the case of a natural person, a public company and foreign
company, which was founded to pursue their activities
insolvency administrator under § 3 para. 2, shall be entered in a special list only seat
insolvency administrator.

(7) Head office and site must be marked with the name or names
surname and identification number of the insolvency administrator who is
physical person, and business name and identification number stating
name or names and last Confederate announced
insolvency administrator who is a public company.

(8) The Ministry shall issue a decree details about the office hours

Establishment of labeling headquarters and premises and the activities that
bankruptcy trustee is obliged to ensure the establishment. ".

7th § 17 including the title reads:

"§ 17

Structure and contents list

(1) The list is divided into a general and a special part.
Part of the list is a list of guest insolvency trustees.

(2) The general part of the list separately recorded individuals
public companies and foreign companies, which gave the right to pursue an activity
insolvency administrator.

(3) General section of the list is led

A) by Circuit District Court for the bankruptcy trustee professionally
aimed at resolving the debt of the debtor's bankruptcy and

B) perimeters regional courts to lists of trustees
professionally addressing the bankruptcy debtor's bankruptcy.

(4) The special part of the list separately recorded individuals
public companies and foreign companies, which originated
right to practice the bankruptcy trustee of the debtor under § 3.
Second

(5) A special section of the list is led for the entire territory of the Czech Republic.

(6) For the purposes of the registration of the insolvency administrator, which is a public
trading company on the list referred to in paragraph 3 corresponds to the number of entries

A) number of reported shareholders professionally focused on solving the debt of the debtor's bankruptcy
,

B) the number of reported shareholders expertly aimed at resolving insolvency
debtor's bankruptcy.

(7) For the purposes of the registration of the insolvency administrator, which is a public
trading company, in accordance with paragraph 4 corresponds to the number of entries
number of reported shareholders which arose right to practice
insolvency administrator of the debtor under § 3. 2nd

(8) If the right to practice the bankruptcy trustee or insolvency administrator
activity debtor under § 3 para. 2 in one day
more persons, such persons are entered in the relevant sections of the list in alphabetical
order.

(9) The list of guest insolvency trustees to enroll people
they have the right to temporarily or occasionally perform activities
insolvency administrator, and visiting insolvency administrators who have
right to temporarily or occasionally perform activities of insolvency
trustee of the debtor under § 3 para. 2. '.

8th In § 19 para. 1, at the end of subparagraph b) is replaced by a comma and
following letter c), which reads:

"C) specialization insolvency administrator.".

9th In § 19 paragraph 2 reads:

"(2) Upon written request of the insolvency administrator to the list
writes address the insolvency administrator and office hours in
which will perform the activity. In its request, the bankruptcy trustee
indicate the date of commencement of business on the premises. The application must be connected
document proving legal justification for the use of space in which the insolvency administrator
establishment; the legal justification for the use of reason
place sufficient written statement of the property owner, in which the premises are located
that the placement agreement. ".

10th In § 19, paragraphs 3-7 deleted.

11th § 27 reads:

"§ 27

(1) The Ministry shall immediately writes a national of a Member State to
list of guest insolvency trustees under:

A) notification pursuant to § 36a of the Act on recognition of professional qualifications,

B) notification pursuant to § 36a of the Act on recognition of professional qualifications and
upon presentation of proof of eligibility by the Security Protection Act
classified information and security capacity.

(2) The notice referred to in paragraph 1 shall also include a designation
addresses for service in the Czech Republic.

(3) The list will not be registered national of a Member State who
in the last 5 years, the rights to a decision pursuant to § 34 ".

12th § 28 reads:

"§ 28

(1) For the registration of foreign companies to the list of guest
insolvency administrators, the provisions of § 27 para. 1 and 2, the same pattern,
that § 36a of the Act on recognition of professional qualifications is used in relation
foreign company appropriately.

(2) The list shall not be registered foreign company, which in the past 5 years
disappeared right decision pursuant to § 34 ".

13th In § 29 para. 1 introductory part of the words "the list"

Words "guest of trustees."

14th In § 29 para. 1, at the end of letter f) is replaced by a comma and
subparagraph g), added:

"G) an indication of the security eligibility under the law regulating
protection of classified information and security capacity.".

15th In § 36 par. 2 point. b) the word "really" the words "and
mostly" and the word "work" the words "and that the establishment
registered in the list is the place where actually defined in the official
hours carries on business ".

16th In § 36b heading under paragraph reads: "Administrative offenses
legal entities and individuals."

17th In § 36b Sec. 1 letter d) reads:

"D) contrary to § 19 para. 2 no indication

First as his residence and the place in which it actually carries on business, or

Second as their business location in which it actually carries out activity in
designated office hours. ".
PART THREE



EFFICIENCY
Art. IV

This Act comes into force on 1 January 2014.
Zeman


Rusnok vr