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    Are investment funds eligible for concordato preventivo ?
    2015-08-03

    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

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Liquidation, Investment funds
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Legal fees for assistance to the debtor in concordato preventivo: does the judicial or extra-judicial professional tariff apply?
    2018-02-26

    The Supreme Court of Cassation (19 October 2017, No. 24682) discerns the respective scope of application of the criteria for the liquidation of compensation to the lawyer in case there was no specific agreement between the parties

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Tax, Nctm Studio Legale, Debtor, Liquidation, Tariff, Italian Supreme Court of Cassation
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Is the bank liable for damages suffered by the insolvent company following directors’ reckless resort to credit lines ?
    2017-05-31

    The decision of the Supreme Court of 20 April 2017, No. 9983 confirms that the bank can be held jointly liable with the directors towards the company, on different grounds from those making the bank accountable to individual creditors

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Bankruptcy
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Il concordato può essere risolto anche se l’inadempimento non è imputabile al debitore?
    2016-12-21

    Il Tribunale di Milano (29 settembre 2016) conferma l’interpretazione secondo cui il concordato deve essere risolto in conseguenza del solo fatto oggettivo dell’inadempimento che non sia di “scarsa importanza” ai sensi del secondo comma dell’art. 186 l.f.

    Il caso

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    The recast EU regulation on insolvency proceedings: A new approach towards business restructuring
    2016-04-30

    The guiding forces for a review of EC Regulation No. 1346/2000

    The downturn in the economy, which in recent years has severely affected businesses at all levels within the European Union, has pushed many countries to review their internal legal systems on insolvency and restructuring proceedings. Indeed, the demand for adequate rules increases in times of crisis, prompting reforms where existing legislation is incomplete or unable to offer legal instruments capable of responding to changing economic conditions.

    Filed under:
    European Union, Insolvency & Restructuring, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    European Union
    Firm:
    Nctm Studio Legale
    Does the new section No. 120 TUB introduce an immediately applicable anatocism prohibition? The first case-law
    2015-12-17

    The immediate application of the new section no. 120 TUB and the scope of its anatocism prohibition is the centre of a case-law dispute which originated from a series of inhibitory proceedings promoted by a consumer association in order to make ascertain the unlawful capitalization practiced by Banks of the passive interests in bank accounts. Now that said interim proceedings has been defined a first summary can be drawn.

    Two main interpretative options so far emerged:

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Management powers of the debtor are limited, until creditors are fully paid, when the concordato preventivo plan provides that they are satisfied out of future earnings?
    2015-07-01

    The Court Monza decided upon a petition filed by the managing director of a company, after confirmation of a “concordato preventivo con continuità  aziendale”  proposal, seeking an authorization to perform certain acts not in the ordinary course of business.

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Debtor
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Claw-back of a corporate spin-off (Art. 2506 of the Italian Civil Code)?
    2018-02-26

    With the decision No. 1649 of 19 September 2017 the Court of Appeals of Catania followed the interpretation according to which a spin-off is not subject to the avoiding powers of a bankruptcy receiver

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Bankruptcy, Liquidation
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Il Tribunale può inserire in sede di omologazione clausole modificative della proposta di concordato?
    2017-05-31

    La Cassazione 3 aprile 2017, n. 8632 ha stabilito che il decreto di omologazione può essere reclamato, anche in assenza di opposizioni, in relazione ad addizioni estranee alla proposta introdotte d’imperio dal Tribunale, che non rappresentino semplici formule organizzative della fase di esecuzione del concordato

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Investment funds are eligible for debt restructuring agreements and then also for concordato preventivo?
    2016-12-20

    The Court of Milan (10 November 2016) issued a confirmation order of a debt restructuring agreement pursuant to Art. 182-bis of the Italian Bankruptcy Law on a petition by an investment fund, which was deemed as a legal entity on its own right and not only a separate estate within the SGR which is the legal representative of the fund

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale

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