Mondaq All Regions - Italy: Insolvency/Bankruptcy/Re-structuring
Hogan Lovells
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,
Nctm Studio Legale
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).
Nctm Studio Legale
The Tribunal of Arezzo (3 May 2018) followed on the precedents of the Court of Cassation (11 December 2017
Hogan Lovells
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,
Nctm Studio Legale
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.
Nctm Studio Legale
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.
CMS Adonnino Ascoli & Cavasola Scamoni
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.
Abbatescianni Studio Legale e Tributario
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
Abbatescianni Studio Legale e Tributario
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.
Boccadutri International Law Firm
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.
Giambrone & Partners
New Insolvency Rules for Cross-border Matters aimed at keeping the Creditors and the troubled Business on Course came into force in June 2017.
Giambrone & Partners
The news that Alitalia, the Italian airline, is reluctantly taking the decision to file for bankruptcy is not entirely unforeseen.
Dentons
According to recent Italian case law Real Estate Funds may now enter as debtors into the debt restructuring agreements (so called "accordi di ristrutturazione dei debiti") provided for by the Italian bankruptcy law.
Jones Day
Nel corso degli ultimi anni, il Legislatore ha profondamente riformato la sezione relativa alle procedure pre-fallimentari contenuta nel Regio Decreto n. 267 del 16 marzo 1942.
Jones Day
This Commentary summarizes the main terms of certain innovations introduced by the Decree to the Italian Bankruptcy Law.
Orrick
Al fine di favorire il rilancio delle imprese in crisi temporanea, il decreto 24 gennaio 2015, n. 3 (c.d. "Decreto Investment Compact"), recante misure urgenti per il sistema bancario e gli investimenti...
Orrick
On June 27, 2015 the Italian government enacted the law decree no. 83 (the "New Decree") that, among others, includes material changes to the Italian bankruptcy law.
Orrick
Il 21 febbraio 2014 è stato convertito in legge, con modificazioni, il decreto legge 145/2013 recante interventi urgenti di avvio del piano "Destinazione Italia".
Paul Hastings LLP
This is an updated version of the StayCurrent Client Alert published on 2 July 2012 "New Italian Measures Facilitate Debt Restructuring and Protect DIP Financing", following the conversion of law decree No. 83 of 22 June 2012 (with amendments) (the "Decree") into law No. 134 of 7 August 2012.
Jones Day
During the last few years, Italian bankruptcy law has been shifting from a traditional "procedural/judicial" model, based on the central role of courts called upon to safe¬guard the "public interest" involved in bankruptcy by actively directing the procedure and making the most important decisions, to a model that recognizes the private interests of creditors.
Most Popular Recent Articles
Nctm Studio Legale
The Tribunal of Arezzo (3 May 2018) followed on the precedents of the Court of Cassation (11 December 2017
Hogan Lovells
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,
Hogan Lovells
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,
CMS Adonnino Ascoli & Cavasola Scamoni
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.
Nctm Studio Legale
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).
Nctm Studio Legale
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.
Nctm Studio Legale
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.
Giambrone & Partners
New Insolvency Rules for Cross-border Matters aimed at keeping the Creditors and the troubled Business on Course came into force in June 2017.
Boccadutri International Law Firm
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.
Abbatescianni Studio Legale e Tributario
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
Abbatescianni Studio Legale e Tributario
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.
Giambrone & Partners
The news that Alitalia, the Italian airline, is reluctantly taking the decision to file for bankruptcy is not entirely unforeseen.
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