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Change The Insolvency Act And To Amend Certain Other Acts

Original Language Title: změna insolvenčního zákona a změna některých dalších zákonů

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217/2009 Sb.



LAW



of 17 December. June 2009,



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

(insolvency law), as amended, and other related

the laws of the



Change: 89/2012 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



The 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 312/2006 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. and Act No. 7/2009 Coll., is hereby amended as follows:



1. In paragraph 1 of section 25 reads:



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

the insolvency court. If it is associated with the decision of the bankruptcy decision

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

reorganization plan intended person appoint a trustee,

the insolvency court insolvency administrator this person; This does not apply,

If this does not meet the specified by the insolvency administrator of the conditions referred to in section 21

up to 24. The provisions of section 29 shall not be affected thereby. ".



2. In section 25 is at the beginning of paragraph 2 the following sentence "is not a case of by

paragraph 1, the Court shall designate a person, the insolvency administrator

to be determined by the President of the Court. "and at the end of paragraph 2,

added the sentence "if it does not prevent other circumstances shall be determined by the President of the

the insolvency court insolvency administrator of debtors who make up

the concern, the same person. ".



3. In section 34, the existing text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



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

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

which was also appointed insolvency administrator, appoint the insolvency

the Court for the following separate insolvency administrator always. ".



4. section 82 is added:



"§ 82



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

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

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

obligation to lodge a security.



(2) the Interim measures may also designate a court

the provisional administrator.



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

reasons worthy of special attention the preliminary measures also



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

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



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

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

Insolvency Register, or



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

the claims of the debtor and the creditor.



(4) the interim measures referred to in paragraph 3 can be required only on a proposal from the

of the debtor, the trustee, a creditor, which is the set-off applies,

or the person who has a legal interest in it.



(5) the Provisional measures referred to in paragraph 3 shall deliver to the insolvency court to

your own hands on the debtor, the insolvency administrator, the person who has such a

the proposal was lodged, and in the event that the interim measures apply to

individual creditors, claims these creditors. If

Court ordered interim measures, deliver a decision on the

the proposal on the provisional measures referred to in paragraph 3, especially the debtor,

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



5. In article 98, paragraph 1 reads:



"(1) a debtor who is a legal person or a natural person-

an entrepreneur is required to submit an insolvency proposal without undue delay

then, what they learned, or when proper diligence should learn about their

the decline in the form of insolvency. A debtor who is a legal

person in liquidation, insolvency is obliged to submit a proposal without

undue delay after learned or due diligence

He had to learn about its decline in the form of excessive debt. The obligation to submit

the insolvency debtor even if the proposal was legally stopped the performance

the decision of selling his business, or execution by a specific legal

code ^ 4), therefore, that the price of assets belonging to the enterprise does not exceed the

the amount of obligations belonging to the enterprise; This does not apply, if the debtor has not yet

another enterprise. ".



6. In article 98, paragraph. 1 the first sentence, the words "in the form of insolvency"

deleted, the second sentence shall be deleted and in the third sentence, the words "the obligation to

Lodge said the debtor "shall be replaced by" this obligation

has ".



7. In section 122, the following paragraph 3 is added:



"(3) set-offs of the borrower and the lender is not for

the duration of the moratorium is admissible, unless the Court determines otherwise,

the preliminary measures. This is true even if the legal conditions

This offset have been met before the announcement of the moratorium. "



8. In section 126 shall be inserted after paragraph 2, a new paragraph 3 is added:



"(3) For notification about the moratorium before the opening of insolvency

the proceedings shall apply for the duration of the moratorium, mutatis mutandis, the provisions of section 102. ".



The former paragraph 3 shall become paragraph 4.



9. Article 140, the following paragraph 4 is added:



"(4) the set-off referred to in paragraph 2 is also permissible in cases

laid down on this Act or preliminary measure insolvency

Court. ".



10. In section 148, paragraph. 2, the words "all groups of creditors" are replaced by the words

"at least half of all secured creditors, calculated according to the amount of the

their claims, and at least half of all unsecured creditors,

calculated according to the amount of the receivables ".



11. In paragraph 168. 1 at the end of paragraph (e) shall be replaced by a comma and dot)

the following point (f)), which read:



"(f)), the claims of creditors of the credit financing.".



12. In paragraph 168. 2 at the end of the text of the letter f), the words ", with the

the exception of the contracts entered into by the debtor after the approval of debt relief ".



13. In section 169, paragraph. 1 (a). and the words ") that arose in the last 3

years before the decision on the bankruptcy or after him, "shall be deleted.



14. In section 219, paragraph. 1, the words "shall be in accordance with specific legal

rules on the valuation of assets; not passed, however, "shall be replaced by the words"

not passed ".



15. In section 219 will be inserted at the beginning of paragraph 5, the phrase "in accordance with the valuation

paragraphs 1 to 4, the property appreciates the usual cost. ".



16. In section 316, paragraph. 5, the word "approved" shall be replaced by the word "adopted".



17. In section 324, the following paragraph 3 is added:



"(3) By the time of the publication of the proposal on the reorganization of the authorization in the

insolvency register is not permissible to set-offs

the debtor and the creditor, unless the Court determines otherwise, the preliminary

measures. This is true even if the statutory conditions of this netting

have been met before that moment. ".



18. In section 339 paragraph 2 and 3 shall be added:



"(2) the priority right to compile a restructuring plan, however, is not the debtor,

the insolvency court announced that the reorganisation plan to submit

does not intend to.



(3) the priority right to compile a restructuring plan does not also the debtor,

the creditors agreed to the meeting so the lenders. The creditors ' meeting, the

which is pending or approved a proposal to permit reorganization, is

entitled to adopt such resolutions always. ".



19. In section 352, the following paragraph 3 is added:



"(3) the effectiveness of reorganization plan is lifted the prohibition on set-off of receivables

referred to in section 324, paragraph. 3. ".



20. In section 363, at the end of paragraph 5, the following sentence "this decision

It also abolishes the prohibition of set-off referred to in section 324, paragraph. 3. ".



21. In section 391, paragraph. 1 at the end of subparagraph (c)) shall be replaced by a comma and dot

the following point (d)), which read:



"(d) the proposal for debt relief or method) of the communication, that the debtor has such a proposal

raises no. ".



22. In section 391 after paragraph 1 the following paragraph 2 is added:



"(2) the debtor, which proposes the implementation of debt relief, rescheduling

can the proposal to allow debt relief request Court of

determination of lower monthly payments than the law intended. In such a

case in the proposal to allow debt relief also indicate the amount of the

the proposed monthly payment or the method of their determination and explain

the reasons which led to its bankruptcy. The provisions of section 395 this does not prejudice. ".



Paragraph 2 becomes paragraph 3.



23. In section 398, paragraph. 3, after the words "allocates the debtor" shall be inserted after

"through the insolvency administrator" and "satisfy" is inserted

the word "only".



24. In section 398, the following paragraph 4 is added:



"(4) the debtor, who asked in the draft to allow debt relief may

the insolvency court to lay down a different amount of the monthly instalments. It will do so only

then, if it can be with regard to all the circumstances, reasonably assume that the

the value of the performance, which, when debt relief will receive unsecured creditors will be

equal to or greater than 50% of their claims, or of the same or higher

than the value of the transactions to which these creditors agreed with the borrower.

Meanwhile, on account of the reasons which have led to the debtor's bankruptcy, to
the total amount of the debtors ' obligations to current and expected level of

debtors ' income, to the measures which the debtor makes to the conservation and

increase their income and to reduce their commitments, and to the recommendations of the

the lenders. Dlužníkovým proposal to the other of the above monthly payment is not

the insolvency court is bound. The Court delayed application

be taken into account. ".



25. In section 399 is at the end of the text of paragraph 1, the words "shall be added; Similarly, it

apply to the creditors ' vote on whether to recommend to accept the application

the debtor about the determination of the amount of the monthly instalments when other debt relief implementation

payment schedule ".



26. In the second subparagraph of section 399. 3 at the end of the text of the first sentence, the words "shall be added;

Similarly, this applies to the creditors ' vote on whether to recommend to meet

the application of the debtor about the determination of the amount of the monthly instalments when other debt relief

the fulfilment of the payment schedule. "



27. In section 400, at the end of paragraph 1, the following sentence "that is valid for the

the creditors ' vote on whether to recommend to accept the application of the debtor about the

the determination of the amount of the monthly instalments when other debt relief in the discharge of the payment

the calendar ".



28. In section 401, paragraph 3, the following paragraph 4 is added:



"(4) the procedure referred to in paragraphs 1 to 3 shall apply mutatis mutandis to voting

creditors on whether to recommend to accept the application of the debtor about the determination of the

the amount of the monthly instalments when other debt relief in the discharge of the payment

the calendar ".



The current paragraph 4 shall become paragraph 5.



29. In section 402, paragraph 3, the following paragraph 4 is added:



"(4) the procedure referred to in paragraphs 1 to 3 shall apply mutatis mutandis to voting

creditors on whether to recommend to accept the application of the debtor about the determination of the

the amount of the monthly instalments when other debt relief in the discharge of the payment

the calendar ".



The current paragraph 4 shall become paragraph 5.



30. In paragraph 405. 1, the words "paragraph. 4 "shall be replaced by the words ' paragraph 4 '. 5. "



31. In section 406, paragraph. 3 (b). and the first word of a sentence) "from the" be deleted and the words

"always to each 1. date in the month of revenue that gets the approval of the

debt relief, the amount in the same range, which can be

enforcement of a decision or execution met priority

^ claims 29) "shall be replaced by the words" through the insolvency

the administrator is always to the specified day of the month the amount established under section 398 of the

revenue, which gets after the approval of debt relief ".



32. In section 406, paragraph. 3 (b). (b)), the words "of the debtor, and the mode of calculation

the amount of such revenue remains the debtor "shall be deleted.



33. In section 406, paragraph. 3 at the end of subparagraph (c)) shall be replaced by a comma and dot

the following point (d)), which read:



"(d) the borrower shall refer the payer of wages), or the payer of other income of the debtor

proper enforcement of the statutory wages (hereinafter referred to as

"payer of wages of the debtor"), so that after the notification of the decision of approval

debt relief was conducted from the wages or other income of the borrower set out deductions

and whether the amounts withheld judgment debtor. ".



34. In section 406, at the end of paragraph 4, the following sentence "against the decision of the

approval of debt relief implementation rescheduling may appeal

also, a borrower whose application for a determination of the amount of the monthly instalments, other

Court has not complied with, or to a creditor who does not agree with the

by determining the amount of the monthly instalments and others who voted against it. ".



35. In section 406, the following paragraph 5 is added:



"(5) the decision on approval of debt relief for the fulfilment of the payment schedule

delivers the insolvency court into their own hands, also the payer of wages of the debtor. About

rights and obligations of the payer of wages of the debtor after notification of the decision of the

approval of debt relief shall apply mutatis mutandis the provisions of the code of civil procedure

on the payer of wages in the enforcement of mandatory wage. The amount of

withheld from the debtor's wages be forwarded to the payer of wages of the debtor's insolvency

Administrators, and without losing sight of the fact that the decision on the approval of debt relief

the fulfilment of the payment schedule is not yet in force ".



36. In section 407, the following paragraph 3 is added:



"(3) the decision on approval of debt relief for the fulfilment of the payment schedule

the insolvency court even without design changes, if you have changed significantly

circumstances, which are decisive for the amount and duration laid down by the

monthly installments; the provisions of § 418 paragraph. 1 (a). (b)) shall remain unaffected.

For delivery, publication and the effects of this decision applies the same as on the

delivery of the publication and the effects of the decision on the approval of debt relief. Against the

This decision may appeal only to the lender, which according to him

receive to cover their claims less than by modifying decision. ".



37. In the second subparagraph of section 409. 3 at the end of the text of the first sentence, the words ",

ask if the secured creditor ".



38. In section 410, paragraph. 1 the word "plan" is deleted.



39. In section 410, paragraph. 2 the words "the fulfilment of a payment schedule ' shall be deleted.



40. In section 414, the following paragraph 4 is added:



"(4) when the debtor's exemption referred to in paragraph 1 shall remain zajištěnému

creditors, who, after the approval of the implementation of debt relief payment schedule

asked about the monetization of assets used to secure the debt,

retain the right to claim the satisfaction of claims from the proceeds

This property; Receivables, which is in insolvency proceedings do not satisfy

(§ 170), can only claim for the period as follows from the end of the insolvency

control. ".



Article. (II)



The transitional provisions of the



Law No. 182/2006 Coll., as amended, effective from the date of entry into force of this

the law also applies to insolvency proceedings opened prior to the date

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

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

preserved.



PART THE SECOND



Amendment of the Act on the protection of employees in the insolvency

the employer and on the amendment of certain laws



Article. (III)



Law No 118/2000 Coll., on the protection of employees in the insolvency

the employer and on the amendment to certain acts, as amended by law No. 436/2004

Coll., Act No. 73/2006 Coll. and Act No. 296/2007 Coll., is hereby amended as follows:



1. In section 2, paragraph 2, the following paragraph 3 is added:



"(3) the law shall also apply to an employee who was in the applicable

the period of an employee of the employer who is insolvent, and

at the same time in this period was applicable to its statutory authority or

a member of the statutory body and had, at least for this employer

half the shareholding. ".



The former paragraph 3 shall become paragraph 4.



2. In article 3 (a). and the words ') time of 6 months preceding the month in

which was filed bankruptcy proposal (hereinafter referred to as the "vesting period"), "

replaced by the words "the relevant period".



3. In article 3, subparagraph (a) at the end of the text), the words "shall be added; the applicable

the period is the calendar month, in which the moratorium before the

the commencement of the insolvency proceedings or insolvency was filed

the proposal, as well as the 3 calendar months preceding the month and 3

the calendar month following that month. "



4. In section 3 (b). (c)), for the words "after the date when the" words "to him

the moratorium was declared before the opening of insolvency proceedings, or after

the date ". 5. In section 4, paragraph 4. 4, the first sentence, after the word "notify"

the words "of the moratorium before the opening of insolvency proceedings or".



6. In section 4, paragraph 4. 5, the words "1 month of the date" is replaced by "5 months

and 15 calendar days following the date "and the second sentence is replaced by the

the phrase "If within this period the moratorium announced before conferring

the commencement of the insolvency proceedings or the Court decided on the insolvency of the draft

other than the release of the bankruptcy decision ^ 5), you can apply the wage claims

not later than on the day of the demise of the moratorium or the day the legal power of the Court of

decision. ".



7. In section 5 paragraph 1 reads:



"(1) the wage claims of the employee can exercise no more than

the corresponding payable wage claims for the 3 calendar months

the vesting period. After satisfaction of at least part of the applicable payroll

the Office may work to meet the demands for more wage claims of employees

applied against the same employer until after the expiry of 12 months from the date of

the release command to pay wage claims. ".



8. In section 5 (3). 2, after the words "in force on the day of", the words "publication

the moratorium before the commencement of the insolvency proceedings or in a day ".



9. In section 6 of the second sentence, the words "the time that is required" be replaced by

the words "calendar months the vesting period for which payroll

claims ".



10. At the end of section 6 shall be added to the phrase "the application of wage claims

the employee is obliged to prove the duration of employment or agreement

about work activities. ".



11. In section 7 paragraph 2 is added:



"(2) in the event that the rights and obligations of the employer in respect of

the staff performs preliminary insolvency administrator or administrator (hereinafter

only the "Administrator") on his employer's liability referred to in

paragraph 1. ".



12. in section 8 shall be added to § 8a is inserted:



"§ 8a
(1) if the employee wage claims and the employer or the administrator

Payroll Employee entitlements, including confirmed the amounts that cannot be

This Act can be considered as pay claims, Office work, the following amounts of

the total amount of the applicable wage entitlements shall be deducted and the remaining part of the

the wage claims of employees.



(2) the Office shall forward the Institute's cash payment order granted

wage claims no later than within 5 working days from the date of acquisition of the legal

the decision on their return. ".



13. In section 9 (2). 1 and 4, the words "to date", the words "publication

the moratorium before the commencement of the insolvency proceedings or the date ".



14. In section 9 (2). 7, the words "3 months of the date of insolvency

the proposal "is replaced by" 15 working days from the date on which it is delivered

the decisions referred to in paragraphs 1 to 4 ".



15. In section 10, paragraph 1. 1, the words "article 9" shall be replaced by the words "§ 8a and 9".



16. In section 12 of the introductory part of paragraph 2, the words "within 3 weeks from the

the entry into force of the decision, which the Court "shall be replaced by the words" in the

cases, where the Court found ".



17. In section 12, paragraph. 2 at the end of the text of subparagraph (c) shall be replaced by a comma, dot).



18. In section 12 at the end of the text of paragraph 2, the words "and to the 15

working days from the date on which the Office was invited to work in writing their

remuneration. ".



19. In article 12, paragraph 2, the following paragraph 3 is added:



"(3) the employer is also obliged to pay to the authority the financial work

funds paid to the employee under this Act and the amount of

matching contributions that collisions and Office work was done according to the

specific legislation, in the event that the moratorium declared before the

the commencement of the insolvency proceedings had disappeared without insolvency was initiated

proceedings, within 15 working days from the date when the Authority work in writing

invited to their remuneration. ".



The former paragraph 3 shall become paragraph 4.



20. In section 12, paragraph. 4, the words "paragraph 1" shall be replaced by the words "paragraphs 2

and 3 ".



21. In section 14a of the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the State authorities, municipalities and regions and their institutions, and other legal

natural persons shall be communicated to the call of the competent authority without delay and work

free of charge the information applicable to the satisfaction of the wage claims of employees

pursuant to this Act; they can do so in a way that allows remote

access. ".



22. In section 15, the words "article 9" shall be replaced by the words "§ 8a, 9" and the words "section 7"

replaced by the words "section 7 and 12".



Article. (IV)



Transitional provisions



1. Requests by workers to meet the wage claim, which were

submitted before the date of entry into force of this law, the competent

the Labour Office in accordance with the existing legislation.



2. An employee of the employer, which was for the period from 1. September 2008

to the date of entry into force of this Act, filed bankruptcy, proposal, or

moratorium before the commencement of insolvency proceedings, and that

could not apply wage claims due to non-compliance with the conditions laid down

Act No. 118/2000 Coll., as amended, effective until the date of entry into force of

This law, and fulfils the conditions for the application of the wage claims under

Act No. 118/2000 Coll., as amended, effective from the date of entry into force of

This law may request the Office to work on their satisfaction at the latest

within 2 months from the date of entry into force of this law, otherwise entitled to

their satisfaction ceases to exist; in the case of such applications, the provisions of section 4 of the

paragraph. 5 the first sentence and the second Act No. 118/2000 Coll., as amended effective from

date of entry into force of this law, shall not apply. Decisive period for the

application for satisfaction of wage claims filed in accordance with this transitional

the provisions of the calendar month in which the moratorium

before the commencement of the insolvency proceedings or in which it was filed

said, and 6 calendar months following this

months ago. Of those applications, the Office shall decide in accordance with Act No. 118/2000

Coll., as amended, effective from the date of entry into force of this Act.



PART THE THIRD



cancelled



Article. In



cancelled



PART THE FOURTH



The amendment to the law on court fees



Article. (VI)



Act No. 549/1991 Coll. on court fees, as amended by Act No.

271/1992 Coll., Act No. 273/1994 Coll., Act No. 36/1995 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 151/1997 Coll., Act No.

209/1997 Coll., Act No. 227/1997 Coll., Act No. 103/2000 Coll., Act No.

155/2000 Coll., Act No. 241/2000 Coll., Act No. 255/2000 Coll., Act No.

451/2001 Coll., Act No. 151/2002 Coll., Act No. 309/2002 Coll., Act No.

192/2003 Coll., Act No. 555/2004 Coll., Act No. 628/2004 Coll., Act No.

357/2005 Coll., Act No. 72/2006 Coll., Act No. 112/2006 Coll., Act No.

115/2006 Coll., Act No. 159/2006 Coll., Act No. 189/2006 Coll., Act No.

296/2007 Coll., Act No. 123/2008 Coll., the Act No. 216/2008 Coll. and act

No. 7/2009 Coll., is hereby amended as follows:



1. In section 11 (1). 2 (a). r), the words "insolvency administrator" shall be

the words "or by the borrower with the perform permissions".



2. In the annex the scale of fees item 9 shall be deleted.



PART THE FIFTH



Amendment of the Act on courts and judges



Article. (VII)



In section 42 of Act No. 6/2002 Coll., on courts, judges, lay judges and the State

administration of courts and amending certain other laws (the law on the courts and

the Judges Act), at the end of paragraph 2 the following sentence "method of distribution

insolvency of things must also be established so that the insolvency case

borrowers who make up the group, discussed the same judicial Department. ".



Article. (VIII)



The transitional provisions of the



This law also applies to schedule work for the calendar year 2009. The President of the

the Court will change the schedule of the work so that it meets the requirements of § 42 paragraph. 2

Act No. 6/2002 Coll., as amended, effective from the date of entry into force of this

the Bill by the end of the calendar month following the month in which the

This law became effective.



PART SIX



The EFFECTIVENESS of the



Article. (IX)



This Act shall take effect on the date of its publication, with the exception of the provisions of the article.

I, point 6, which shall take effect on 1 January 2005. January 2012.



Vaidya in the r.



Klaus r.



Fischer v. r.