Searching Content from Italy indexed under Insolvency/Bankruptcy/Re-structuring ordered by Published Date Descending.
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International Legislative Update: Italian Bankruptcy Reforms
With certain exceptions, the CDI will enter into force on August 14, 2020, unless amended by the Italian Parliament prior to the effective date.
17 Apr 2019
Le novità in materia di diritto societario varate in sede di adozione del "Codice della crisi di impresa e dell'insolvenza"
Il Governo ha recentemente approvato, in esame definitivo, il testo del Decreto Legislativo che introduce il nuovo "Codice della crisi d'impresa e dell'insolvenza", in attuazione della Legge 19 ottobre 2017, n. 155, ...
30 Jan 2019
A Treasure For Former Mt. Gox Clients
A Japanese court ruled that Mt. Gox, the once-powerful Bitcoin exchange, should exit bankruptcy proceedings, thus sparking hope for repayment for former customers who may finally receive refunds.
22 Jan 2019
Addio fallimento: una riforma organica della crisi d'impresa
A distanza di ottant'anni dalla promulgazione della legge fallimentare, dopo una lunga stagione di riforme urgenti e parziali, finalmente il legislatore introduce il Codice della Crisi di Impresa, che dovrebbe vedere la luce ...
2 Jan 2019
Concordato fallimentare, Conflict Of Interest And Voting Right Of The Creditor Making The Proposal
With a recent decision, the Joint Chambers of the Court of Cassation ruled that companies belonging to the same group as that which made a proposal for concordato fallimentare are excluded from the vote...
4 Nov 2018
Declaration Of Bankruptcy Without Prior Termination Of An Unfulfilled Concordato Preventivo
The Tribunal of Arezzo (3 May 2018) followed on the precedents of the Court of Cassation (11 December 2017
4 Nov 2018
Business Restructuring And Insolvency In Italy – A Revolution In The Making?
Nearly a year ago, the Italian Parliament passed Law 155/2017 giving the Government twelve months to adopt a root and branch reform of the rules governing business distress and insolvency procedures,
European Union
18 Oct 2018
Astaldi Files For Concordato In Bianco
Astaldi, the Italian multinational construction company, filed on Friday (28 September) for concordato in bianco. This is an in-court restructuring proceeding under the Italian Bankruptcy Law,
8 Oct 2018
A Major Shift Of The Italian Supreme Court On Bankruptcy Buy-Outs (Concordati Fallimentari)
With a decision taken on 28 June 2018 (decision n. 17186) the united chambers (sezioni unite) of the Italian Supreme Court have ruled that whenever a bankruptcy buy-out proposal
20 Jul 2018
Super-Priority Claims For Professional Services Related To Restructuring Plans And Debt Restructuring Agreements?
With two decisions (No. 1895/2018 and No. 1896/2018), both filed on 25 January 2018, the Court of Cassation reached opposite conclusions in the two different situations.
4 May 2018
De Facto Partnerships Can Be Declared Bankrupt Even If Partners Are Corporations
The Constitutional Court (6 December 2017) confirmed that Art. 147, para. 5, of the Italian Bankruptcy Law does not violate the Constitution as long as it is interpreted in a broad sense.
4 May 2018
The Reform Of The Italian Insolvency System: A Comprehensive Guide
The CMS in Italy Banking and Finance Department, under the patronage of the British Chamber of Commerce for Italy, has published a valuable and innovative guide on the Italian reform of national insolvency and pre-insolvency procedures.
19 Apr 2018
Civil Court Of Cassation, 1st Section, Order No. 24791 Of 21 November 2017
Preferential right with regard to the credit accrued by the attestor who drafted the documents that allowed the debtor to gain access to a pre-bankruptcy procedure
2 Feb 2018
The Liability Of Non-Executive Directors
The receiver of a bankrupt joint-stock company sued its directors before the Court of Rome, in order to ascertain their liability, pursuant to Article 146 of Bankruptcy Law.
26 Jan 2018
The EU Recast Regulation On Insolvency Proceedings (No. 2015/848) And Avoiding Actions By The Receiver
Article 7(2)(m) of Regulation No. 2015/848 (as Article 3 of Regulation No. 1346/2000) provides that the receiver can exercise avoiding powers according to the law of the State where the insolvency procedure is opened (lex concursus).
European Union
26 Jan 2018
Newsletter Abbatescianni November 2017
Second to follow is the unification of the iter for acceding to the procedures applicable to the company crisis, which will differentiate only at a later stage.
26 Jan 2018
Debt Collection In Italy: What It Is And How It Functions
Debt Collection in Italy: What it is and how it functions. When one should seek an out of court settlement and when it is necessary to turn to the courts.
15 Jan 2018
New Insolvency Rules For Cross-Border Matters
New Insolvency Rules for Cross-border Matters aimed at keeping the Creditors and the troubled Business on Course came into force in June 2017.
23 Aug 2017
Last Chance To Save The Day For Alitalia Prevented By Staff Rejection Of The Rescue Plan
The news that Alitalia, the Italian airline, is reluctantly taking the decision to file for bankruptcy is not entirely unforeseen.
3 May 2017
Italian Stability Law: Payable VAT Ahead Of Insolvency Procedures
Italian legislation, with Art. 26 of Presidential Decree 633/1972, recognises the VAT recovery when the non-payment is connected with insolvency proceedings or is a result of enforcement procedures that have generally been unsuccessful.
22 Mar 2016
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