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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Nctm Studio Legale ordered by Published Date Descending.
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Article 577 Of Italian Navigation Code: Interpretation Issues Involved With The Limitation Period Of Naval Mortgages
Interest and criticism have arisen from among legal commentators and courts in relation to article 577 of the Italian Navigation Code, due to its poor wording: "The rights arising from the grant
Italy
24 Jul 2019
2
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...
Italy
4 Nov 2018
3
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
Italy
4 Nov 2018
4
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.
Italy
4 May 2018
5
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.
Italy
4 May 2018
6
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.
Italy
26 Jan 2018
7
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
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