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    The Italian Insolvency Code: New Tools for Managing a Crisis
    2019-04-16

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in France, Hong Kong, Italy, Singapore, and the United Kingdom and as an affiliated partnership conducting the practice in Japan. Latham & Watkins operates in South Korea as a Foreign Legal Consultant Office. Latham & Watkins works in cooperation with the Law Office of Salman M. Al-Sudairi in the Kingdom of Saudi Arabia.

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Latham & Watkins LLP
    Location:
    Italy
    Firm:
    Latham & Watkins LLP
    Covid-19 ed effetti delle misure emergenziali sulle procedure concorsuali: prime riflessioni
    2020-04-08

    All’indomani della crisi sanitaria causata dall’epidemia di Covid-19 e delle conseguenti misure di lockdown, il Governo italiano si è trovato a dover adottare, tra le altre, le misure necessarie a conciliare l’esigenza di contenere la propagazione del virus con quella, altrettanto primaria, di garantire, nei limiti del possibile, il funzionamento della giustizia civile, penale, tributaria ed amministrativa sul territorio nazionale.

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, De Berti Jacchia Franchini Forlani Studio Legale, Bankruptcy, Coronavirus
    Location:
    Italy
    Firm:
    De Berti Jacchia Franchini Forlani Studio Legale
    Litigation update
    2013-10-22

    In addition to the new legal concepts introduced by Amendment 19, several recent high-profile bankruptcy cases have indicated that Israeli insolvency law generally is in a state of transition.

    BNP Paribas – IDB Development Company

    Filed under:
    Israel, Insolvency & Restructuring, Litigation, Herzog Fox & Neeman, Shareholder
    Authors:
    Alan Sacks
    Location:
    Israel
    Firm:
    Herzog Fox & Neeman
    Bannai v Erez (Trustee in bankruptcy of Eli Reifman)
    2014-02-28

    26 November 2013

    [2013] EWHC 3689 (Comm)

    Commercial Court, Queen's Bench Division (Burton J)

    Foreign insolvency proceedings do not override arbitration agreements

    The trustee of a large bankruptcy in Israel commenced proceedings in the Israeli insolvency court against Dr Bannai to recover assets (worth $150m) said to be due to the bankrupt under a 2002 agreement.  The 2002 agreement was governed by English law and contained a London arbitration clause which it was accepted covered the claims in question.

    Filed under:
    Israel, United Kingdom, Insolvency & Restructuring, Litigation, XXIV Old Buildings, Bankruptcy
    Location:
    Israel, United Kingdom
    Firm:
    XXIV Old Buildings
    Riforma della crisi d’impresa: approvato in via definitiva il Codice della Crisi di Impresa e dell’Insolvenza
    2019-02-05

    Via libera definitivo del Consiglio dei Ministri al decreto legislativo attuativo della riforma organica del diritto della crisi d’impresa e dell’insolvenza.

    Filed under:
    Italy, Company & Commercial, Insolvency & Restructuring, Litigation, Latham & Watkins LLP
    Location:
    Italy
    Firm:
    Latham & Watkins LLP
    The Italian Insolvency Code: New Rules on ‘Debtor-inPossession’ Financing
    2019-04-16

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in France, Hong Kong, Italy, Singapore, and the United Kingdom and as an affiliated partnership conducting the practice in Japan. Latham & Watkins operates in South Korea as a Foreign Legal Consultant Office. Latham & Watkins works in cooperation with the Law Office of Salman M. Al-Sudairi in the Kingdom of Saudi Arabia.

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Latham & Watkins LLP
    Location:
    Italy
    Firm:
    Latham & Watkins LLP
    De facto partnerships can be declared bankrupt even if partners are corporations
    2018-05-02

    The Constitutional Court (6 December 2017) confirmed that Art. 147, para. 5, of the Italian Bankruptcy Law does not violate the Constitution as long as it is interpreted in a broad sense

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Bankruptcy, Italian Supreme Court of Cassation
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Contracts remain in force in amministrazione straordinaria even after they are expired ?
    2018-05-02

    With the decision No. 1195 of 18 January 2018, the Court of Cassation ruled on the powers of the extraordinary commissioner to require performance of pending contracts and on the treatment of the relevant claims of the suppliers

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Italian Supreme Court of Cassation
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    The bankruptcy receiver can continue utilities contracts, but is not bound to pay in full previous claims based on such contracts
    2018-02-26

    The Court of Cassation with a decision of 25 September 2017, No. 22274 confirms that Art. 74 of the Italian Bankruptcy Law provides a special rule, which does not apply to cases to which it is not explicitly extended

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Bankruptcy, Unsecured debt, Italian Supreme Court of Cassation
    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

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