74 results found

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 ...

As you are probably aware, the Business Crisis and Insolvency Code, codified in Legislative Decree 14/2019, finally entered into force on 15th July.

Con ordinanza n. 15695 pubblicata in data 5 giugno 2024, la Corte di Cassazione chiarisce gli elementi qualificanti il contratto di mutuo di scopo, circoscrivendo...

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...

The Court of Bergamo recently rejected a proposal for a simplified liquidation composition with creditors submitted by a company following the negotiations carried out within the framework...

The Court of Parma, in the context of a negotiated crisis resolution procedure, recently authorised a sale of business branches, exempting the purchaser from liability for the debts...

In Italy, restructuring and distressed transactions are being driven not only by financial pressure, but also by the need to preserve businesses that are often still commercially viable. Markets have not disappeared, but the economic environment around them has changed dramatically. Energy price volatility from geopolitical uncertainty, alongside higher financing costs, have placed considerable pressure on liquidity and working capital.

Traditionally in Italy the financial distress of a corporation was treated in a very strict way through proceedings aimed at the dissolution of the company, the sale of its assets and the replace of the directors with commissioners appointed by Public Bodies.

Debt collection in Italy is certainly possible, despite the difficulties.

A freezing order (also known as seizure order) is a Court injunction that can be obtained to restrain a party from disposing of its assets in prejudice of the creditors' rights.

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

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.

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.

The future of Alitalia, Italy's biggest airline, has been the focus of attention in recent months.

Azione di ripetizione dell'indebito in costanza del rapporto di conto corrente bancario (conto c.d. aperto): l'azione di ripetizione dell'indebito ai sensi dell'art.

In a recent decision, the Supreme Court has further clarified the conditions for the validity of the sale and lease back contract. This is, as is well known, the contractual transaction whereby...

The innovations introduced by the Corporate Crisis and Insolvency Code (Legislative Decree no. 14 of 12 January 2019) concern the organizational, administrative and accounting company's...

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.