The Tribunal of Milan, with a decision of 5 May 2015, ruled that Art. 104-ter of the Italian Bankruptcy Law is applicable to the lease of business entered into before the declaration of bankruptcy and, therefore, the receiver can terminate pending contracts according to Art. 72 of the Italian Bankruptcy Law
The case
With the decision of 2 September 2015, No. 17461, the Court of Cassation confirmed that secured creditors’ deferred payment amounts to a partial satisfaction and has confirmed the criteria for determining the economic loss arising out of the delay, for allowing these creditors to vote.
The case
1. Tema objeto de controversia
1. El artículo 1.1C del reglamento. Valoración
1. Art. 1(1)(c) of the Regulation. Appraisal
1. Introducción
Lawmakers made a few changes to the concordato rules with the foreseeable result of restricting significantly the access by debtors to the procedure, shifting the main focus from liquidation plans to schemes allowing to preserve the business as a going concern
New rules introduced upon conversion of Art. 4 of law decree No. 83/2015
Creditors being now allowed to make competing concordato proposals restricts the exclusive powers of the debtor, which are now limited to the choice to commence the procedure, while on the other side it is now always mandatory that a competitive bid process is carried on for the sale of business units and assets, when the proposal of the debtor provides for an already designated buyer
Concordato competing proposals by creditors
Lawmakers introduce further measures in order to stimulate new loans after the pre-filing for concordato preventivo or for a debt restructuring agreement, when it is urgent to prevent an unrecoverable prejudice to the business
The context
Art. 57 para. 6-bis TUF (introduced by Legislative Decree No. 42/2012) provides for a special procedure of judicial liquidation of investment funds in an insolvency situation, where debts cannot be satisfied in full out of the fund’s assets, but does not state whether investment funds are eligible for concordato preventivo as an alternative to liquidation.
The issues