Cryptocurrencies in insolvency proceedings

Abstract

1 Cryptocurrencies in Insolvency Proceedings Abstract The thesis explores how crypto-assets are situated within Czech insolvency law and examines how their technological properties interact with established institutions of bankruptcy proceedings. It starts from a practical observation: distributed-ledger-based assets appear in debtors' estates with growing frequency and in diverse roles-as means of exchange, as investment items, as collateral, or as parts of operational processes. This development raises new questions concerning legal characterisation, discovery and tracing, procedural securing, safe administration, and the choice of realisation methods for the benefit of creditors. The aim is to map these questions systematically, provide a clear vocabulary, and outline a working framework that enables decision-makers to act predictably while respecting efficiency, transparency, and equal treatment of creditors. The opening chapter recalls the foundational principles of Czech insolvency law and the roles of the main actors, with particular attention to the trustee's duties and the supervisory function of creditors' bodies. A concise technical primer then explains how crypto-assets function: the role of private keys and addresses, the nature of on-chain transactions, distinctions between custodial and...