Of interest.

Kategorie: Restructuring and insolvency

30. 03. 2021

Increased risk of liability of members of the statutory body in the event of the insolvency of a business corporation after 1 January 2021

With this article, we would like to start a very current topic of the transformation of insolvency, which occurred after 1 January 2021 in connection with the amendment to the Business Corporations Act. The article deals with the topic of direct liability of members of the statutory body of business corporations for the insolvency. The amendment …

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14. 04. 2020

Insolvency proceedings in the anti-virus veil – the German way out of the insolvency spiral

The Czech Parliament is currently discussing a draft bill to mitigate the impact of the coronavirus epidemic in the justice sector (the so-called “lex COVID”). One of the main topics of the crisis regulation is the area of insolvency law in which the filing of creditor insolvency petitions as well as the obligation to file …

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30. 07. 2019

New Directive on Restructuring and Insolvency shall ensure that entrepreneurs – individuals have a possibility to achieve a full discharge of debt

A new Directive on Restructuring and Insolvency (hereinafter the “Directive”) [1] entered into force on 16 July 2019. Not even three months after the large-scale domestic regulation concerning discharge of debt came into effect it is sure that there will be further changes in this area in the next two years.[2] The expected adjustments will …

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22. 02. 2019

Provability difficulties of counterclaims do not always exclude them from offsetting by the defendant

Since the judicial enforcement of practically certain claims is often delayed by the defendants’ opportunistic set-off objections, the general prohibition of uncertain or indeterminate claims to be set off has been incorporated into the Czech Civil Code. However, the interpretation of the relevant provision of the Civil Code by courts has not gotten settled yet. …

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