Insolvency Law
- Credits: 3
- Ending: Examination
- Range: 2C
- Semester: summer
- Year: 1
- Faculty of Commerce
Teachers
Included in study programs
Teaching results
Knowledge: students will gain knowledge and understand the legal regulation of solving the debtor's bankruptcy in the form of bankruptcy, restructuring and debt relief, learn the relevant legal terminology and learn to use it correctly.
Practical skills: students are able to orientate themselves in the sources of insolvency law and work with the text of relevant legislation. They will gain practical experience in preparing filings and other relevant documents related to bankruptcy, restructuring and debt relief. They know how to work with the bankruptcy register and the business journal.
Competences: students are able to exercise their rights and obligations in insolvency proceedings.
Indicative content
Introduction to insolvency law - Concept, subject and sources insolvency law. Historical development of the legislation. Basic concepts of insolvency law. Decline - Extension and insolvency. Basic obligations of the debtor in bankruptcy. Means of resolving insolvency of the debtor – bankruptcy, restructuring, debt-relief.
Bankruptcy - the bankruptcy petition, the particulars of the proposal, eligible persons for filing a petition for bankruptcy. Opening of insolvency proceedings, the effects of insolvency proceedings. Substantive and procedural conditions for bankruptcy.
Bankruptcy. Substantive and procedural consequences of the bankruptcy. Decisions rendered in bankruptcy proceedings. Delivery and publication of court decisions and other documents. Period.
The legal status of the administrator. Prerequisites for registration administrator in the list of administrators. Trustee appointed to office. The rights and obligations of the insolvency administrator, responsibility, creation and extinction of the bankruptcy trustee. Temporary trustee. Interoperability of third parties.
Participants in bankruptcy proceedings. The cessation of the participant. Creditors' claims, the sign recognition and denial, incidental actions. Creditor institutions - the creditors' meeting, creditors' committee, the court as a creditors' committee.
Bankruptcy estate - definition, general nature and separate assets. Inventory of the bankruptcy estate, inventory requirements. Assets subject to bankruptcy. Assets not subject to bankruptcy. Withdrawal of assets from the inventory. Management and monetization bankruptcy. Debts of the essence.
Satisfaction of the claims of bankruptcy creditors. Receivables excluded from satisfaction. Partial schedule, the final schedule yield. Cancellation of bankruptcy. A small bankrupt.
The purpose and nature of the restructuring. Comparison of bankruptcy restructuring. Restructuring expertise. Application for authorization of restructuring. Initiation of restructuring proceedings, the effects of commencement of restructuring proceedings.
Permission restructuring. Parties and implementation of the claims of creditors in restructuring. Creditor authorities.
A supervision of the court during the restructuring. The restructuring plan, its approval and confirmation by the court. Ineffectiveness plan. Supervisory Management.
Debt relief of a natural person - in general. Historical development of legislation.
Debt relief of a natural person in the form of bankruptcy. Debt relief of a natural person in the form of a repayment calendar.
Bankruptcy crimes.
Support literature
1. ĎURICA, M.: Zákon o konkurze a reštrukturalizácii. Komentár. 3. vydanie. Praha: C. H. Beck, 2019, 1456 s. ISBN 978-80-7400-754-5.
2. MACEK, J.: Konkurz, reštrukturalizácia, oddlženie s poznámkami. Bratislava: Iuris Libri, 2015, 536 s. ISBN 978-80-89635-16-0.
3. Zákon č. 300/2005 Z.z. Trestný zákon v znení neskorších predpisov.
4. FINCH, V.: Corporate Insolvency Law – Perspectives and principles. Cambridge: Cambridge University Press, 2009.
Syllabus
1. Introduction to insolvency law - Concept, subject, sources and basic concepts insolvency law. 2. Bankruptcy - the bankruptcy petition, the particulars of the proposal, eligible persons for filing a petition for bankruptcy. 3. The effects of the declaration of bankruptcy and the decision in the bankruptcy proceedings. 4. The insolvency administrator, his rights, obligations and responsibilities. 5. Participants in bankruptcy proceedings. Registration, recognition and denial of claims of creditors in bankruptcy. Creditors' authorities. 6. Bankruptcy essence, its administration and monetization. 7. Yield schedules and ways to satisfy creditors. 8. The purpose and nature of the restructuring. Comparison of bankruptcy restructuring. 9. Permission restructuring. Parties and implementation of the claims of creditors in restructuring. Creditor authorities. 10. The restructuring plan, its approval and confirmation by the court. Supervisory Management. 11. Debt relief of a natural person - in general. 12. Bankruptcy of a natural person. Repayment calendar. 13. Bankruptcy crimes.
Requirements to complete the course
40% active form of teaching during the term
60% written exam
Student workload
Total workload of the student: 78
Student´s workload of individual educational activities: 78
Attendance of seminars: 13
Preparation for the seminar: 13
Preparation for the continuous test: 26
Preparation for the exam: 26
Language whose command is required to complete the course
Slovak
Date of approval: 06.03.2024
Date of the latest change: 15.01.2022