334/2012 Sb.



LAW



of 19 December 2003. September 2012



amending Law No. 182/2006 Coll., on bankruptcy and the ways of its solution

(insolvency law), as amended, and Act No 99/1963

Coll., the civil procedure code, as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Bankruptcy Act and the ways of its solution (insolvency law)



Article. (I)



Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency

Act), as amended by Act No. 309/2006 Coll., Act No. 108/2007 Coll., Act

No 296/2007 Coll., Act No. 362/2007 Coll., Act No. 301/2008 Coll., Act

No 458/2008 Coll., Act No. 7/2009 Coll., Constitutional Court

declared under the No 163/2009 Coll., Act No. 217/2009 Coll., Act No.

228/2009 Coll., Act No. 285/2009 Coll., Constitutional Court

the declared under no. 241/2010 Coll., Constitutional Court declared under

No 260/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2007 Coll., Act

No 73/2010 Coll., Act No. 139/2011 Coll., Act No. 188/2007 Coll., Act

No 458/2007 Coll., Act No. 466/2011 Coll. and Act No. 167/2012 Coll.,

be amended as follows:



1. In section 82 is at the end of paragraph 1, the following sentence "the obligation to lodge

sure as the claimant an interim measure does not have the debtor. ".



2. In section 82 paragraph 2 reads as follows:



"(2) Provisional measures may the insolvency court at the time of the decision on the

insolvency of the proposal also



and to appoint an interim manager,)



(b) to restrict, for reasons) worthy of special consideration in the manner prescribed in

interim measures one of the effects associated with the launch of

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

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



c) save the insolvency mover, who is not an employee of the debtor

and whose claim against the debtor does not lie only in labor

claims procedure that has lodged in order to ensure compensation for damage or other injury,

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

the measures taken in its progress. "



3. In paragraph 82, the following is inserted at the beginning of paragraph 4 the phrase "interim measures

saving the obligation to lodge a security in order to ensure compensation for damage or other

the injury, which the debtor was nedůvodným the opening of insolvency

proceedings and the measures adopted in the course of that may be ordered only on a proposal from

the debtor brought by taking the first step, which belongs to the debtor after submission

insolvency, and only if the debtor has submitted evidence that he or the emergence of

such damage or other injury obviously threatens. However, if by

outcome of insolvency proceedings is to be expected that the debtor's

the decline will be certified, the insolvency court a proposal for such a regulation

the provisional measures shall be refused. Shall apply mutatis mutandis also apply the provisions of §

paragraph 202. 5 and 6 and the provisions of the code of civil procedure of certainty for

the preliminary measures. ".



4. In section 82 is at the beginning of paragraph 5, the following sentence "the decision on the application for

interim measures referred to in paragraph 2 (a). b) or c) delivers the insolvency

the Court into their own hands to the debtor, the insolvency practitioner, a person who

such a proposal was lodged, and insolvency to the applicant. ".



5. in paragraph 128, the following new section 128a, which including the title reads as follows:



"section 128a



Rejection of the insolvency petition for the apparent absence of



(1) the insolvency petition brought by a creditor to the insolvency court also rejects

then, if it is manifestly unreasonable; It will do so without delay, at the latest by 7

days after the insolvency petition filed.



(2) the insolvency petition is clearly unreasonable, in particular if



and the claimant) the insolvency documents the permission to submit a claim to

for the purpose of the bankruptcy decision not taken into account,



(b)), the insolvency application again and insol-venční projector

When the Administration submits that he has fulfilled the obligations imposed on him or

the previous decision on the insolvency of the proposal, or (c)) Administration

the appellant clearly abuse the insolvency follows its rights at the expense of

of the debtor.



(3) in a decision which rejects the insolvency petition for obvious

the absence of the insolvency court may save insolvency mover,

in order for the Administration to pay a specified amount to fined $50,000

having regard to all the circumstances of the case. ".



6. In paragraph 130, the following paragraph 5 is added:



"(5) if the insolvency petition Was withdrawn because the debtor after the commencement

insolvency proceedings has paid the claim of insolvency of the applicant, the

When deciding on the reimbursement of costs of insolvency proceedings in the

doubt it, that the debtor caused cessation of insolvency

control. ".



7. In § 133 paragraph 2. 1 the words "on insolvency of the proposal other than

the debtor can be "shall be replaced by" unless the insolvency petition is rejected or

If no control about him stopped, you can design another person on insolvency

than the debtor ".



8. In section 142 shall (a) at the end of the text), the words "or for the

the apparent absence of necessity ".



9. In paragraph 144 of paragraph 1. 1 (b). a), the words "which has been canceled" are replaced by

the words "or a cooperative and has been cancelled".



10. In paragraph 144 of paragraph 1. 1 at the end of the text of the letter b), the words "and

that in insolvency proposal on the issuance of such decision shall request ".



11. In paragraph 144, paragraphs 2 and 3 shall be deleted.



The current paragraph 4 shall become paragraph 2.



12. In paragraph 146, after paragraph 1, insert a new paragraph 2 is added:



"(2) on appeal against a decision under section 142 shall not be considered to

the facts that occurred or arose after the decision of the Court of

of first instance. ".



The former paragraph 2 becomes paragraph 3.



13. in section 147, paragraph 1 reads:



"(1) if the insolvency proceedings the draft stopped or if

insolvency petition rejected due to insolvency of the applicant, the person

by the opening of insolvency proceedings and the measures taken in its

the course has suffered damage or other harm, the right to compensation for such damage

or other damages to insolvency to the applicant. In case of doubt the

considered that the appellant caused the cessation of insolvency the insolvency

proceedings or to reject the insolvency petition. ".



14. In article 147 paragraph. 2 the words "the debtor or any other creditor of the debtor's"

replaced by the words "may apply".



15. In article 147 paragraph. 4, the first sentence is replaced by the phrase "an action

applies the rights referred to in paragraphs 1 to 3, the debtor must submit no later than

6 months from the date on which it was delivered to him the decision closes the proceedings

about the insolvency of the proposal, and the other person not later than 6 months from the

the publication of this decision in the insolvency register; the lawsuit, however,

Unable to decide before the legal power of the decision. ".



16. In article 147 paragraph. 5 after the word "action" the words "on the application of

the law "and the word" borrower "shall be deleted.



17. in paragraph 147, the following paragraph 6 is added:



"(6) if it is clear that a person was the opening of insolvency

proceedings and the measures adopted in the course of due to insolvency

the claimant's damage or other harm, the Court may order

the injunction, which required a person to the compensation for that

damages or other injury has passed into custody in court an appropriate financial

the amount of ^ 19). It will do so only on a proposal made by an authorized person within 30 days of

the decision terminating the proceedings on insolvency of the proposal, the decision of the

about the rejection of the insolvency petition or decision rejecting the

insolvency; However, you cannot order the interim measures before

the acquisition of the legal force of such a decision. Interim measures

does not preclude that the total amount of damage, or other injury, yet cannot be enumerated.

In addition, an interim measure the insolvency court shall proceed

by analogy with § 100 para. 2 and 3. ".



18. In paragraph 395 paragraph 2(b). 3 at the end of the text of the letter b), the words "; It

does not apply if, on the basis of a debtor established facts, infer

that's a dishonest intention not. ".



19. In article 396, paragraph 2 shall be deleted and shall be deleted at the same time marking

of paragraph 1.



20. section 425 including title:



"§ 425



Removal of the debtor from the list of debtors



(1) after the expiry of five years from the effective date of the decision, which was to

completed insolvency proceedings, the debtor shall the insolvency court of

the list of debtors and the information about them in the insolvency register is not available.

If the insolvency proceedings under section 142 (b). a) to (c)),

out of the debtor's insolvency court from the list of borrowers and details about it in the

Disables access to the insolvency register within 15 days of receipt of the request

of the debtor; the debtor is entitled to request the deletion soon after

3 months from the decision.



(2) the storage of data the process according to znepřístupněných special

^ Law 58).



(3) If an appeal against the final decision referred to in

section 142 (b). a) to (c)), the insolvency court of the debtor in the list

the borrowers and the data accessible in the insolvency register for

consideration of the appeal. ".



Article. (II)



Transitional provision



Law No. 182/2006 Coll., in the version in force from the date of entry into force of this


the law also applies to insolvency proceedings initiated before the date of the acquisition of

the effectiveness of this law, the legal effects of the acts, which in insolvency

the proceedings arose before the date of entry into force of this Act, shall remain

preserved.



PART TWO



To change the code of civil procedure



Article. (III)



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975

Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 283/1993 Coll., Act No. 116/1994

Coll., Act No. 152/1994 Coll., Act No. 216/1994, Coll., Act No. 84/1995

Coll., Act No. 118/1995 Coll., Act No. 160/1995 Coll., Act No. 237/1995

Coll., Act No. 247/1995 Coll., Constitutional Court declared under no.

31/1996 Coll., Act No. 142/1996 Coll., the Constitutional Court declared

under Act No. 269/1996 Coll., Act No. 202/1997 Coll., Act No. 227/1997 Coll.

Law No. 15/1998 Coll., Act No. 91/1998 Coll., Act No. 167/1998 Coll.,

Act No. 326/1999 Coll., Act No. 360/1999 Coll., Constitutional Court

declared under the No 2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000

Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000

Coll., Act No. 155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000

Coll., Act No. 227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000

Coll., Act No. 120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001

Coll., Act No. 273/2001 Coll., the Constitutional Court declared under no.

276/2001 Coll., Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No.

491/2001 Coll., Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No.

202/2002 Coll., Act No. 227/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Constitutional Court declared under no. 476/2002 Coll.

Act No. 88/2003 Coll., Act No. 120/2004 Coll., Constitutional Court

the declared under no. 153/2004 Coll., Act No. 235/2004 Coll., Act No.

257/2004 Coll., Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No.

501/2004 Coll., Act No. 554/2004 Coll., Act No. 561/2004 Coll., Act No.

628/2004 Coll., Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No.

205/2005 Coll., Act No. 216/2005 Coll., Act No. 340/2005 Coll., Act No.

377/2005 Coll., Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No.

56/2006 Coll., Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No.

112/2006 Coll., Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No.

133/2006 Coll., Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No.

189/2006 Coll., Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No.

264/2006 Coll., Act No. 262/2006 Coll., Act No. 309/2006 Coll., Act No.

315/2006 Coll., Act No. 296/2007 Coll., Act No. 104/2008 Coll., Act No.

123/2008 Coll., Act No. 126/2008 Coll., Act No. 129/2008 Coll., Act No.

259/2008, Coll., Act No. 274/2008 Coll., Act No. 297/2008 Coll., Act No.

305/2008 Coll., Act No. 384/2008 Coll., Act No. 7/2009 Coll., Act No.

198/2009 Coll., Act No. 218/2009 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., Act No. 285/2009 Coll., Act No. 286/2009 Coll., Act No.

420/2009 Coll., Constitutional Court declared under no 48/2010 Coll.,

Act No. 347/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2007 Coll.

Constitutional Court declared under the No 80/2011 Coll., Act No.

139/2011 Coll., Act No. 186/2007 Coll., Act No. 188/2007 Coll., Act No.

218/2007 Coll., Act No. 355/2007 Coll., Act No. 364/2011 Coll., Act No.

420/2010 Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., the award

The Constitutional Court declared under No 147/2009 Coll., Act No. 167/2009 Sb.

and Act No. 202/2012 Coll., is amended as follows:



1. in § 9 para. 4, after the word "disputes" the words ", as well as in the

disputes over compensation for damage or other injury, which was the start of

insolvency proceedings and the measures adopted in the course of ".



2. In paragraph 88, at the end of the letter u) dot is replaced by a comma and the following

letters in) and w) are added:



") in whose district the ordinary court of the debtor, in the case of insolvency

management,



w) in which the insolvency proceedings was, in the case of a dispute about the compensation

or other injury that formed the opening of insolvency proceedings and the

the measures taken in the course of the ^ 53 c). ".



PART THREE



The EFFECTIVENESS of the



Article. (IV)



This Act shall take effect on the first day of the calendar month

following the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.