The Court of Cassation (13 June 2016, No. 12120) confirmed that a limited liability company can bedeclared bankrupt, if it is found that the company is a partner of an insolvent de facto partnership
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The Court of Trento (3 May 2016) ruled that the judicial liquidator of the concordato is entitled to bring aclaim against directors and statutory auditors, although the claim is not considered by the liquidationplan and has not been approved by the shareholders of the company
The Case
The Court of Rovigo (1st August 2016) confirms that the debtor shall regularly perform obligations arising after the concordato filing from an existing contract, when the debtor elects not to apply to the Court to terminate it
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The Court of Milan (18 April 2016) sticks to its own precedents mandating automatic termination, notwithstanding the recent decision of the Court of Cassation (19 February 2016, No. 3324) requiring that an actual prejudice for the creditors be ascertained
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A recent Supreme Court judgment addressed the issue of maritime liens and the remuneration of shipping companies' court-appointed managers by adopting a strict interpretation of the maritime liens rules. According to such interpretation, judicial managers should not be considered a company's preferred creditors for their remuneration.
Introduction
The draft reform act presented to the government in December 2015 by the Rordorf Commission (a ministerial commission established to develop and submit draft legislation designed to reform, review and reorganise the rules governing insolvency procedures in Italy) aims to:
Italy's latest law reforms continue with creditor-friendly amendments to support the local banking sector while providing confidence to investors.
Decree Law No. 59/2016 (the so-called "Banks Decree," hereinafter the Decree) was published in the Official Gazette (the Decree was later amended and converted into law by Law No. 119/2016) and has recently entered into force.
The Court of Cassation (29 March 2016, No. 6045) ruled that the look-back period for claw-back actionsstarts from the concordato filing, when bankruptcy was declared after a period of time, provided thatboth procedures refer to the same insolvency situation
The case
The Court of Bolzano (5 April 2016) confirms that revolving credit facility agreements providing forancillary set-off and collection terms in favour of the bank can be suspended, but the bank is protectedbecause the amounts collected are controlled by the Judicial Commissioner
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The Court of Modena (8 February 2016) challenged precedents of the Court of Cassation ruling thatdelayed payment of secured creditors is allowed only if the timing would not be shorter in bankruptcyliquidation
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