G33 - Bankruptcy; LiquidationReturn

The aim of this paper is on the issue of low returns in the Czech Republic to offer a new perspective. Article concerns the agency theory before the bankruptcy proceedings with regard to the specifics of Czech Republic. Given that bank lenders have better bargaining power in comparison with other classes of creditors, the view focuses on their activity while initiating bankruptcy. The article tries to estimate what percentage of insolvencies could be launched in the Czech Republic by bank lender based on the specific position of individual groups of debtors before insolvency proceedings. Bank lenders have stronger monitoring and enforcement means, which gives them a specific opportunity to initiate proceedings in a better timeframe than other creditors.

This article deals with firms' defaults and empirically tests its key macroeconomic determinants. The conducted empirical analysis employs quarterly time series of the number of insolvency petitions filed in the period 1996-2009. The obtained results point out prediction ability of the growth rate of real consumption and investment, change in the growth rate of real foreign demand, interest rates, change in the growth rate of the nominal exchange rate and change in the growth rate of real wages on firms' defaults development. The study confirms a strong link between firms' bankruptcy rates and the macroeconomic development in the Czech economy.

This paper gives an overview of current economic models and research dealing with insolvency law. The first part categorizes papers and research which is discussed further. In the next section one mathematical model is included. Third section consists of empirical research. Other two parts in third section describe empirical research about ex-ante and ex-post results under different jurisdictions Last section of the third part describes current research on question when exactly companies should go default. In summary, the paper provides an overview of current papers dealing with the default triggers and behaviours of participants and their preferences determining default proceedings under different jurisdictions.

The solution of emergent (urgent) crisis of enterprises in the Czech Republic was very discussed and controversial topic in the last few years. Actual discussion among the professionals (mainly lawyers and economists) and the general public ended in adoption of a new legislation based on US Bankruptcy Act amended by experience in application of this act in Germany and Austria. The result of emergent (opened) crises is above all the lower competitiveness, decrease in productivity, decrease in employment, corrupted suppliercustomer relations because of the insolvency. At the beginning of the period, it is mainly secondary/dependable insolvency, which can sooner or later result in primary insolvency and therefore it causes the heavy indebtedness of a company. The insolvency and heavy indebtedness of a company are the exact elementary signs of liquidation and therefore necessary condition for filing of draft for solving the crises by action at the court. If it is found out from objective reasons that the company goes bankrupt, one of the following solutions of this bankruptcy (based on new legislation) has to be chosen - bankruptcy, reorganization or discharge from debts. The aim of this article is to inform about the new regulation of bankruptcy and about possible ways of bankruptcy solution in the Czech Republic.