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  • Personal bankruptcy is the institute of solving the indebtedness of natural persons, and it was implemented by a new Czech bankruptcy law, entitled the Act on Insolvency and Its Resolution, (182/2006 Coll., the Insolvency Act). The growing number of personal bankruptcies is directly related to the worsening economic situation. Therefore, the institute of personal bankruptcy has become a welcomed and very attractive tool for resolving over-indebtedness. This article focuses on an analysis of a sample of completed personal bankruptcies from the Insolvency Register and it will also address new trends in the implementation of this institute in the future. According to the Explanatory Memorandum to the Insolvency Act, the institute of discharge from debts should prevent debtors from moving in the area of shadow economy and motivate them to seek the highest possible degree of satisfaction of creditors. The analysis confirms the fact that satisfaction of creditors falls with the amount of total debt; however, the expansion of the use of “gift payments” in personal bankruptcy increases the risk that the creditors will not reach maximum satisfaction as defined in the Explanatory Memorandum. A significant change was implemented this year, when personal bankruptcy was permitted also for entrepreneurs (under specific conditions). This may mean a further increase in the number of personal bankruptcies. With an option of personal bankruptcy, entrepreneurs could avoid bankruptcy and subsequent escape into the grey zone of the economy, which was the main idea of the authors of the insolvency law.
  • Personal bankruptcy is the institute of solving the indebtedness of natural persons, and it was implemented by a new Czech bankruptcy law, entitled the Act on Insolvency and Its Resolution, (182/2006 Coll., the Insolvency Act). The growing number of personal bankruptcies is directly related to the worsening economic situation. Therefore, the institute of personal bankruptcy has become a welcomed and very attractive tool for resolving over-indebtedness. This article focuses on an analysis of a sample of completed personal bankruptcies from the Insolvency Register and it will also address new trends in the implementation of this institute in the future. According to the Explanatory Memorandum to the Insolvency Act, the institute of discharge from debts should prevent debtors from moving in the area of shadow economy and motivate them to seek the highest possible degree of satisfaction of creditors. The analysis confirms the fact that satisfaction of creditors falls with the amount of total debt; however, the expansion of the use of “gift payments” in personal bankruptcy increases the risk that the creditors will not reach maximum satisfaction as defined in the Explanatory Memorandum. A significant change was implemented this year, when personal bankruptcy was permitted also for entrepreneurs (under specific conditions). This may mean a further increase in the number of personal bankruptcies. With an option of personal bankruptcy, entrepreneurs could avoid bankruptcy and subsequent escape into the grey zone of the economy, which was the main idea of the authors of the insolvency law. (en)
Title
  • Insolvency of individuals: An analysis of the proces of personal bankruptcy in the Czech Republic and current trends in practice and legislation
  • Insolvency of individuals: An analysis of the proces of personal bankruptcy in the Czech Republic and current trends in practice and legislation (en)
skos:prefLabel
  • Insolvency of individuals: An analysis of the proces of personal bankruptcy in the Czech Republic and current trends in practice and legislation
  • Insolvency of individuals: An analysis of the proces of personal bankruptcy in the Czech Republic and current trends in practice and legislation (en)
skos:notation
  • RIV/70883521:28120/14:43871854!RIV15-MSM-28120___
http://linked.open...avai/riv/aktivita
http://linked.open...avai/riv/aktivity
  • S
http://linked.open...vai/riv/dodaniDat
http://linked.open...aciTvurceVysledku
http://linked.open.../riv/druhVysledku
http://linked.open...iv/duvernostUdaju
http://linked.open...titaPredkladatele
http://linked.open...dnocenehoVysledku
  • 22058
http://linked.open...ai/riv/idVysledku
  • RIV/70883521:28120/14:43871854
http://linked.open...riv/jazykVysledku
http://linked.open.../riv/klicovaSlova
  • Satisfaction of the Creditor; Debtor; Insolvency Act; Personal bankruptcy (en)
http://linked.open.../riv/klicoveSlovo
http://linked.open...ontrolniKodProRIV
  • [95F7A3C64C43]
http://linked.open...v/mistoKonaniAkce
  • London
http://linked.open...i/riv/mistoVydani
  • London
http://linked.open...i/riv/nazevZdroje
  • Insolvency 2014: Current Problems and Experiences
http://linked.open...in/vavai/riv/obor
http://linked.open...ichTvurcuVysledku
http://linked.open...cetTvurcuVysledku
http://linked.open...UplatneniVysledku
http://linked.open...iv/tvurceVysledku
  • Paseková, Marie
  • Smrčka, Luboš
  • Bařinová, Dagmar
  • Fišerová, Zuzana
http://linked.open...vavai/riv/typAkce
http://linked.open.../riv/zahajeniAkce
issn
  • 2055-7175
number of pages
http://purl.org/ne...btex#hasPublisher
  • London School of Economics and Political Science
http://localhost/t...ganizacniJednotka
  • 28120
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