Journal of the Charles University Law Faculty
Tomáš Pohl
Author’s affiliation:
Faculty of Law, Charles University in Prague
Where is the institution of debt relief headed?
Jurisprudence 2/2025 Section: Articles Page: 61-67
Keywords: bankruptcy, debtor, creditor, institution of debt relief and development of its legislative regulation, dishonest intention of the creditor, approval and fulfilment of debt relief, debtor's discharge and its cancellation by the court
Abstract: The article aims to deal with the procedural position of creditors and debtor in the light of amendments to the insolvency law. It seeks an answer to the question of how far the legislation and case law can go in finding reasons for a court decision to discharge a debtor in relation to the position of a creditor, especially a creditor of a non-preferential claim. The article will work mainly with the development of case law on this topic, with possible de lege ferenda outcomes.
