Decision-making on the monetisation of the collateral in the course of debt relief in the czech republic

The topic of this article is the legal regulation of the monetisation of collateral in insolvency proceedings under Czech law. The emphasis is on the initiator of the monetisation. In connection with a major amendment to the insolvency law, with effect from 1 June 2019, there has been a change in the view on the issue of the person entitled to initiate the monetisation of the collateral within the framework of the instalment plan. In recent months, there has been a trend, unknown until then, of insolvency courts ordering insolvency administrators to monetise secured assets, even against the will of secured creditors. This article presents readers with both the current background of the legislation and attempts to point out the lines of argumentation justifying or refuting the possibility of such a procedure.

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Publication Details

Journal
STUDIA IURIDICA Casoviensia
Published
2025-01-01
DOI
https://doi.org/10.33542/sic2025-1-04
Primary Topic
Economic and Fiscal Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Decision-making on the monetisation of the collateral in the course of debt relief in the czech republic

Petr Horák
STUDIA IURIDICA Casoviensia
Economic and Fiscal Studies
article

Decision-making on the monetisation of the collateral in the course of debt relief in the czech republic

Petr Horák
article en

Abstract

The topic of this article is the legal regulation of the monetisation of collateral in insolvency proceedings under Czech law. The emphasis is on the initiator of the monetisation. In connection with a major amendment to the insolvency law, with effect from 1 June 2019, there has been a change in the view on the issue of the person entitled to initiate the monetisation of the collateral within the framework of the instalment plan. In recent months, there has been a trend, unknown until then, of insolvency courts ordering insolvency administrators to monetise secured assets, even against the will of secured creditors. This article presents readers with both the current background of the legislation and attempts to point out the lines of argumentation justifying or refuting the possibility of such a procedure.

STUDIA IURIDICA CasoviensiaVol. 13(1)
Openalex Percentile: Top 91%
Economic and Fiscal Studies
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