69/2011 Sb.



LAW



of 3 July 2003. March 2011,



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. and Constitutional Court declared

under no 260/2010 Coll., shall be amended as follows:



1. In section 14 para. 2 the words "§ 16 para. 3 "shall be replaced by the words" § 16 para.

2. "



2. in article 16, paragraph 2 shall be deleted.



The former paragraph 3 shall become paragraph 2.



3. In article 51, paragraph 2 the following paragraph 3 is added:



"(3) the denial of the claims registered by the creditor has no effect on the voting

the right of creditors whose claims have been refuted. ".



The former paragraph 3 shall become paragraph 4.



4. In article 137 para. 1, the number "2" is replaced by "3".



5. In article 137 para. 2, the number "15" is replaced by "30".



6. In paragraph 160, at the end of paragraph 3 the following sentence "the insolvency practitioner,

that is not a party to the proceedings, the dispute before the insolvency court always

shall immediately inform the decisions issued in this case. "



7. in section 161, the existing text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) If a court terminates the participation of creditors in popírajícího

insolvency proceedings in the course of proceedings, the dispute about the authenticity, amount or

the order claims can be used in a particular dispute to continue only on

the design of the insolvency administrator. The date when the Court such a proposal

occurs, the insolvency practitioner becomes a participant in the proceedings, the dispute instead of

popírajícího of the creditor; the insolvency court then returns popírajícímu

the creditor a security compound. The absence of the insolvency administrator in this proposal

a time limit which the insolvency court for this purpose, the insolvency court

a particular dispute proceedings against popírajícímu creditors stop. ".



8. In paragraph 178, the second sentence is replaced by the phrase "Lenders that such

claim, the insolvency court may, on a proposal of the insolvency

Save the Manager, to the benefit of the estate paid the amount,

to be determined by taking into account all the circumstances and review login

the claims, but not more than the amount applied for the claim

overwhelmed by the scope in which it was established; as to the cross dispute. ".



9. In paragraph 179, the second sentence is replaced by the phrase "Lenders that such

claim, the insolvency court may, on a proposal of the insolvency

Save the Manager, to the benefit of the secured creditors who signed up

the claim by ensuring the same property, the amount you paid for the

be determined by reference to all the circumstances of the application and review of the law on

satisfaction of the collateral, but not exceeding the amount by which the value of the

collateral referred to in the application has exceeded the value of the identified security;

as to the cross dispute. ".



10. section 192 including the title reads as follows:



"§ 192



The denial of the registered claims



(1) the authenticity, amount and order of all registered claims may deny the

the insolvency administrator, the debtor and the creditors login; the denial of claims

You can take it back.



(2) the insolvency administrator can change the opinion of the review meeting,

that has delivered to each of the claims in the list of subscribed

claims.



(3) unless otherwise stipulated, is not a denial of the claim by the debtor

influence on its findings; its effect, however, is that for the claim,

that the debtor has denied its authenticity or above is not in the range

the denial of a customized list of registered claims enforcement.



(4) the creditor may until the end of the review hearing until his

the claim is not detected, change the level of the mark of the claim. If

as a result of this change, it is not possible to examine the claim lodged at

nařízeném review of the negotiations, the insolvency court special

the review meeting. However, the lender is obliged to pay other creditors

at their request, the costs they have incurred in connection with their

by participating in a special review meeting. ".



11. In paragraph 198, the section title is inserted under the designation, which reads as follows:

"The denial of the unenforceable debt insolvency administrator".



12. In paragraph 199, under the designation section heading shall be inserted:

"The denial of an enforceable claim insolvency administrator".



13. section 200 including the title reads as follows:



"§ 200



The denial of the claims registered by the creditor



(1) the creditor shall be entitled to deny the claim of other creditor in writing.

The denial of the claims must have the same requirements as the action under

Code of civil procedure, and it must be perceptible if it denies

authenticity, above, or the order of the accounts receivable. Denial of the claim may be made

only on the form, the particulars of which lays down implementing legislation.

The form of the form shall be published by the Ministry in a way allowing remote

access; This service may not be free of charge.



(2) the denial of the claims registered, account shall be taken only by the creditor

If the submission contains all the elements and is delivered to the insolvency

the Court no later than 3 working days before the date of the review the negotiations on the

popřené claim; Code of civil procedure § 43 shall not apply. After

expiry of that period no longer be changed put the reason for the denial. The denial of the

the claims made in a form which at the time of the review meeting

about the popřené claim requires a written supplement, to submit its

the original, or the submission of the written submissions of the same wording

not taken into account.



(3) if the Court concludes that the denial of the claim

registered creditor shall not be considered, a decision which may

go to the end of the review the negotiations on the popřené claim.



(4) the decision referred to in paragraph 3 shall be delivered separately to the creditor, who

He denied the claim, the creditor, the debtor of the receivable and popřené

the insolvency practitioner. Person entitled to lodging an appeal against this

the decision is only a creditor that denied the claim.



(5) if the insolvency court denial of claims to reject, the

Administration, which denied the claim, the creditor who is logged on from a decision on the

How to troubleshoot a decline, but not earlier than after the expiry of 10 days after the end of the

the review of the claim, the creditor has applied for by that

the insolvency court his denial that the claim to the creditor

signed up.



(6) As the reason for the denial of the authenticity of the claim or the amount of enforceable

granted by a final decision of the competent authority may only be used

the fact that were not applied by the debtor in the proceedings, which

preceding the date of this decision; the reason for this denial, however, cannot be

other legal adjudication of the matter. ".



14. In article 201, paragraph 1 reads:



"(1) a receivable is established



and did not deny it) if the official receiver or any of the registered

creditors,



(b)) if it did not contest the insolvency practitioner and the insolvency court refused to

its denial of the registered creditor,



(c)) if the insolvency practitioner or the creditor who is logged on it

He denied his denial of taking back, or



(d) the insolvency court) by a dispute about its authenticity, amount or

the order. ".



15. In § 201 of paragraph 1. 2, the words "has not been timely filed under section

198 "are replaced by the words" even if the insolvency administrator did not

timely action on its denial. "



16. in § 201 of paragraph 1. 3, the words "determine the authenticity, above" shall be replaced by

"the level of authenticity".



17. in § 202 of paragraph 1. 1, the first sentence is inserted after the phrase "cost recovery

management granted in this dispute against the debtor is considered to be declared

under this Act and satisfy the insolvency proceedings in the same

order as the claim that led the dispute. ".



18. In paragraph 202, the following paragraphs 3 to 6 shall be added:



"(3) a creditor who is logged on, which denied the claim, it shall pass to the

15 days after the end of the review the negotiations on the popřené claim for

the insolvency court security for the costs of the proceedings dispute

the amount of $10,000. If at the time of the review the negotiations on the popřené

the claim is decided yet about how to resolve the decline, will not end this

the time limit before the expiration of 10 days from the decision about how to resolve the decline.



(4) the insolvency court may save the logged-on to a creditor that denied the

a claim to a particular dispute even in the security for the

damages or other injury, that would create a lender with popřené

nedůvodným denying the claims the claim. It will do so only on a proposal from

popřené claims that the lender has submitted evidence that he or the emergence of such damage


or other injury obviously threatens. If, however, according to the airline's results

insolvency proceedings can be expected, that the denial of the claim will be justified,

the insolvency court creditor claims on the composition of this popřené

certainty will be rejected. Furthermore, they shall apply mutatis mutandis the provisions of the civil

Code of civil procedure guarantee for an interim measure.



(5) if the security referred to in paragraphs 3 and 4, or if they can demonstrate

the logged-on Court, the creditor that the obligation to lodge a security

under the law, it does not have, the insolvency court actions brought by a creditor who is logged on

applied the denial of the claim, refuses.



(6) the obligation to lodge a security in accordance with paragraphs 3 and 4 is not logged on

creditor within the time limit laid down for the lodging of a security shall certify that the

certainty without their guilt could not pass and that there is a risk of delay in

as a result could arise from injury. Furthermore, the creditor who is logged on does not have

the obligation to lodge a security for a period during which his denial does not affect the

the findings of the popřené claim. ".



19. In article 336 paragraph. 2 at the end of the text of the first sentence, the words "shall be added; for

This disclaimer shall apply mutatis mutandis to the findings of the claims relating to:

the insolvency practitioner "and at the end of the paragraph, the following sentence" Lenders

unenforceable debt, which was negated by the debtor, the action

always against the debtor ".



20. In paragraph 336, the following paragraph 4 is added:



"(4) the denial of the claim by the creditor does not have logged in for the duration of

reorganization of the influence on the findings of the popřené claim. ".



21. in paragraph 394 is at the end of the text of paragraph 2, the words "shall be added; appeal

against him is not permissible ".



22. in section 410 paragraph 2. 2 at the end of the text of the first sentence, the words "shall be added; for

This disclaimer shall apply mutatis mutandis to the findings of the claims relating to:

the insolvency practitioner "and at the end of the paragraph, the following sentence" Lenders

unenforceable debt, which was negated by the debtor, the action

always against the debtor ".



23. in paragraph 431 of the text at the end of subparagraph (a)) the following words "formalities

the denial of the claim form to registered creditor ".



Article. (II)



Transitional provisions



1. unless otherwise stipulated, the law No. 182/2006 Coll., as amended by

effective from the date of entry into force of this law, as well as for insolvency

the proceedings initiated before the date of entry into force of this Act, if in the

them has not yet been a decision on bankruptcy; the legal effects of the acts

that in insolvency proceedings occurred before the date of entry into force of this

law, are maintained.



2. the provisions of sections 178 and 179 of the Act No. 182/2006 Coll., in the version in force from

the effective date of this Act, shall apply to insolvency proceedings

initiated before the date of entry into force of this Act, if

the claim has not yet been established, for which insolvency administrator filed a

a proposal under these provisions.



3. the provisions of section 16, section 160 paragraph. 3, § 336 paragraph. 2 and § 410 paragraph 2. 2 of the Act

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

the Act shall apply for insolvency proceedings initiated before the date of the acquisition of

of this Act, if the effects of the denial of the claim

the debtor for the purposes of discovery in insolvency proceedings occurred after

the effective date of this Act.



4. The provisions of § 202 paragraph. 1 of law No. 182/2006 Coll., in the version in force

from the date of entry into force of this Act, shall apply to disputes relating to the

authenticity, or the order of the registered claims, which have not yet been

against the debtor to a final decision on costs. 5. the provisions of section

394 paragraph. 2 of law No. 182/2006 Coll., in the version in force from the date of acquisition

the effectiveness of this law shall apply to insolvency proceedings opened

before the date of entry into force of this Act, if a borrower took

proposal to allow debt relief back to the effective date of this

the law.



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. 114/1994 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 no. 269/1996 Coll.,

Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.,

Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll.

Act No. 360/1999 Coll., the Constitutional Court declared under 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. 366/2000 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. 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

the declared under no. 476/2002 Coll., Act No. 88/2003 Coll., Act No.

120/2004 Coll., the Constitutional Court declared under no. 153/2004 Coll.

Act No. 235/2004 Coll., Act No. 256/2004 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.

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

Act No. 135/2006 Coll., Act No. 189/2006 Coll., Act No. 216/2006 Coll.

Law No. 233/2006 Coll., Act No. 262/2006 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 the No 48/2010 Coll., Act No. 347/2010 Coll. and Act No.

409/2010 Coll., shall be amended as follows:



1. In section 75b para. 1, the first sentence is inserted after the sentence "If the President of the

the Chamber concluded that the guarantee obviously is not sufficient to ensure

damages or other injury, that would create a provisional measure,

prompts the applicant without delay, so that within 3 days, he composed a supplement equal to the

the amount, which is determined by taking into account the circumstances of the case. ".



2. In section 75b para. 1 third sentence, after the words "security", the words "and

the balance of the security ".



3. for section 76g section 76h is added to read as follows:



"§ 76h



Until the last effects of interim measures, the President of the Chamber may invite the

the petitioner to the composition of the balance of the Security (§ 75b, paragraph 1, second sentence)

a period of 3 days; It will do so only on the proposal of who was the preliminary

measures imposed duty. ".



4. In paragraph 77, at the end of paragraph 2 the following phrase "interim measures

the President of the Senate clears even if the applicant, within a specified

the time limit did not fold supplement security. ".



Article. (IV)



Transitional provision



The proceedings initiated to the effective date of this Act shall be completed according to the

Code of civil procedure, in the version in force from the date of entry into force of

of this Act; the legal effects of the acts that have occurred in the proceedings before the date

entry into force of this Act, shall remain in force.



PART THREE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on 31 December. March 2011.



Němcová in r.



Klaus r.



Nečas in r.