Basic Information about the Insolvency Act
The Insolvency
Act - Act No. 182/2006 Coll., on Insolvency and Its Resolution (Insolvency Act)
came into force on January 1,
2008, replacing Act No. 328/1991 Coll., on Bankruptcy and
Composition. The benefit of the new legislation is particularly the strengthening
of the position of the creditor and the establishing of a publicly accessible
electronic insolvency register as an important source of information on the
course of individual insolvency proceedings.
The Act specifies the manners of solving the bankruptcy and the impending
bankruptcy of a debtor on the basis of a court proceeding by one of the
stipulated methods, resulting in the arrangement of property relations towards
persons affected by the debtor's bankruptcy or the impending bankruptcy,
achieving the highest and principally proportional satisfaction of the debtor's
creditors. Furthermore, it regulates the debtor's discharge of debts.
Insolvency proceedings - Insolvency proceedings are
legal proceedings, the object of which is the debtor's bankruptcy or the impending
bankruptcy and the method of solving it. It may be initiated in relation to any
debtor (physical entity, legal entity, entrepreneur and non-entrepreneur) with
the exception of the Czech Republic, municipal and regional authorities, Czech
National Bank, General Health Insurance Company, public higher education
institutions - etc.
Insolvency petition - the insolvency proceedings are initiated on the basis of an
insolvency petition. If the petition is
lodged in writing, it must be affixed with an officially verified signature.
The electronically submitted insolvency petition requires a guaranteed electronic
signature.
If the petition is lodged by the creditor, it is necessary to specify on what
grounds he assumes the bankruptcy of the debtor, substantiate his allegations
with evidence and attach the request for admittance of his claim. The petition must
clearly determine who the petitioner is and who the debtor is and why there is
the presumption of bankruptcy. The petition is to be filed with the regional
court, in which the debtor has his place of residence or registered office.
Insolvency Register - the Insolvency Register is the main pillar of the new legislation.
It is an information system, through which most court decisions are delivered.
It is publicly accessible and displays all important information about all insolvency
proceedings in an almost "live broadcast". Not only creditors and debtors, but anyone
can access information about the proceedings through the register.
Some of the important deadlines for creditors:
• the claims must be
registered no later than before the lapse of
the period set in the court decision on the bankruptcy. Otherwise, they
will not be taken into account, i.e. they will not be satisfied in the insolvency
proceedings;
• failure to amend the
insolvency petition within the period set by the court will result in its
rejection;
• in the case of a claim
denied by the receiver in bankruptcy it is necessary to exercise one's right
with an action for determination with the insolvency court, within 30 days from the
review hearing (this period will expire after 15 days from the delivery of the
notification of the claim denial, unless the creditor was present at the review
hearing); failure to meet the deadline results in the claim, the genuineness of
which was denied, not being taken into account.


