最高人民法院关于适用《中华人民共和国企业破产法》若干问题的规定（一）(09/09/2011)
Overview of Insolvency Rules and Restructuring Procedures Pursuant to Italian Bankruptcy Law
What information does the insolvency administrator have to provide to creditors?
Introduction
The German Federal Court of Justice (Bundesgerichtshof - BGH) in its decision of 17 February 2011 (IX ZR 131/10) has been dealing with the issue which – since the Act to Modernise the Law Governing Private Limited Companies and to Combat Abuses (Gesetz zur Modernisierung des GmbH-Rechts und zur Bekämpfung von Missbrauchen - MoMiG) came into effect – is being controversially discussed as to whether loans by family members (in particular the shareholder’s siblings, spouse and children) in insolvency proceedings will be given subordinate ranking.
The risks facing a lending bank if the borrower becomes insolvent are often twofold. Not only are outstanding repayments in jeopardy, but, in the case of debtor`s insolvency, there is also a risk of voidable preference (Insolvenzanfechtung), where the insolvency administrator may challenge repayments already received and loan collateral granted before the insolvency filing.
In re Caribbean Medical Testing Center, Inc. (Bankr. D. Puerto Rico) Case no. 11-06124
In re Hotel Airport Inc. (Bankr. D. Puerto Rico) Case no. 11-06620
In re GALP Highcross Limited Partnership (Bankr. S.D. Tex.) Case no. 11-36741
In re GALP Waters Limited Partnership (Bankr. S.D. Tex.) Case no. 11-36743
In re Culver Village, LLC (Bankr. C.D. Cal.) Case no. 11-46359
In re Provo Gateway, LLC (Bankr. D. Utah) Case no. 11-31259