Insolvency and enforcement proceedings in Czech law

Updated on 4 October 2026.

A creditor who has an enforceable judgment cannot assume that individual enforcement will continue unchanged once insolvency proceedings begin. Czech insolvency coordinates the treatment of creditors and the debtor's estate. Sections 109 and 140e of Act No. 182/2006 Coll., the Insolvency Act, distinguish the commencement of proceedings from the effects of the court's insolvency decision.

The commencement of insolvency restricts enforcement

Under Section 109(1)(c), enforcement against the debtor's property or other assets forming part of the insolvency estate can generally be ordered or commenced, but cannot be carried out. Section 109(4) links the effects of commencement to publication of the commencement notice in the Insolvency Register. Measures merely securing assets are treated differently under Section 109(2).

The restrictions have statutory exceptions. Claims against the estate and claims treated equivalently can be enforced subject to an insolvency court decision under Section 203(5) and its limits. Section 109 also provides a specific exception for statutory maintenance claims arising after proceedings begin, allowing wage deductions until bankruptcy is declared or debt relief is approved, unless the court orders otherwise to prevent abuse.

The insolvency decision imposes a further restriction

While the effects of the insolvency decision continue, Section 140e generally prevents enforcement against assets covered by that provision from being ordered or commenced. It preserves the specified exception based on an insolvency court decision under Section 203(5). The exact phase of insolvency proceedings therefore matters; a rule about commencing enforcement cannot be read as permission to collect the debt.

Section 109(6), which Section 140e also refers to, addresses decisions and measures made contrary to the restrictions. Such steps cannot be treated as a reliable route to payment merely because they were formally issued.

A creditor must review the correct route to its claim

An enforcement application and an insolvency proof of claim serve different procedures. Creditors need to identify whether their claim must be lodged, whether it is secured, whether it falls into a special statutory category and what deadline the court has set. An existing judgment does not by itself remove the need to follow the insolvency procedure.

For a practical review, provide the contract or other basis of the debt, the enforceable decision, enforcement documents and the debtor's insolvency file reference. Check the current record in the Czech Insolvency Register before choosing the next procedural step. Insolvency and enforcement restrictions depend on the stage and nature of the particular claim.

Source: Sections 109 and 140e of Act No. 182/2006 Coll., the Czech Insolvency Act, in its current wording.