Insolvency law (in English)
- 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 can 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
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.
Support literature
1. Vernon, D. 2021. Insolvency Law Handbook. 4th edition. London: The Law Society.
2. Bork, R. 2020. Corporate Insolvency Law. Cambridge/Antwerp/Chicago: Intersentia.
3. Moustaira, E. 2019. International Insolvency Law. Cham: Springer.
4. Bornemann, A., Brinkmann, M., Dahl, M. 2019. European Insolvency Regulation. A Commentary. München: C.H.Beck.
5. Bork, R. 2017. Principles of Cross-Border Insolvency Law. Cambridge/Antwerp/Portland: Intersentia.
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
English
Date of approval: 13.03.2024
Date of the latest change: 22.05.2022