1. The organisers of the Conference thank the following for their support
Conference Sponsor
Conference Supporter
Academic Forum Sponsor
Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili

2. Dr Tomas Richter, Charles University Prague
Verification and Contesting of Creditors’ Claims: Constitutional Limits in the Czech Insolvency Code
Dr Tomas Richter, Charles University Prague

3. OVERVIEW
Control over the proceedings under the 2006 Act
Importance of claims verification / contestation
The original rule
The Constitutional Court intervention
The revised rules

4. CONTROL OVER THE PROCEEDINGS UNDER THE 2006 ACT
Creditors as the decisive constituency
Influence over:
Type of proceedings
Selection of administrator
Election of creditors committee, etc.
All via voting rights attached to proven claims
Risk of tactical behaviour

5. IMPORTANCE OF CLAIMS VERIFICATION/CONTESTATION
Temptation to prove more than the creditor is owed
The counter-measure via a „penalty“ payable to the estate (ConCourt review is pending)
Temptation to contest other creditors’ claims
Countermeasure via not granting the right to contest claims to creditors = THE ORIGINAL RULE

6. THE CONSTITUTIONAL COURT INTERVENTION
In re Bohemia Crystalex Pl. 14/10 of 1 July 2010
A rule completely denying the creditor’s right to contest claims filed by other creditors is unconstitutional given the other modalities of the 2006 Act - it violates the right to fair trial
Rule quashed as of 31 March 2011

7. THE REVISED RULES
Bill 233
Reinstates creditors’ right to contest claims, but subject to important checks:
No influence over voting rights pertaining to the contested claim
Formalised motion, subject to strict time and other requirements
Rules on costs + other safeguards
Summary

8. The organisers of the Conference thank the following for their support
Conference Sponsor
Conference Supporter
Academic Forum Sponsor
Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili

9. The organisers of the Conference thank the following for their support
Conference Sponsor
Conference Supporter
Academic Forum Sponsor
Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili

10. The organisers of the Conference thank the following for their support
Conference Sponsor
Conference Supporter
Academic Forum Sponsor
Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili

11. The organisers of the Conference thank the following for their support
Conference Sponsor
Conference Supporter
Academic Forum Sponsor
Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili