Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    The Court of Cassation rules on the exemption from claw-back action of payments «on usual terms»
    2017-03-01

    With the judgment No. 25162 of 7 December 2016 the Court of Cassation refers the expression set forth in Art. 67, third paragraph, a) of the Italian Bankruptcy Law to the custom between the parties of the specific commercial relationship and not to the wider use of trade

    The case

    An insolvency receiver sued a former supplier of the bankrupt company, requesting the claw-back of payments made by the company.

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Collection of debtor’s receivables and set-off security rights of the bank can be stayed after concordato pre-filing, but the debtor is not in control of amounts cashed
    2016-05-31

    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

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Debtor, Accounts receivable
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    The new rules for the insolvency of banks
    2016-01-08

    Directive 2014/59/EU (the "BRRD” or Bank Recovery and Resolution Directive), establishing a framework for recovery and resolution of banks and investment institutions, was implemented in Italy with the Legislative Decree Nos. 180/2015 and 181/2015

    Introduction

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Amendments to certain key features of concordato preventivo (law No. 132 of 6 August 2015, converting law decree No. 83/2015)
    2015-08-31

    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

    Filed under:
    Italy, Insolvency & Restructuring, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    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
    What happens to the lease of business contract when the lessee does not take part to the auction ordered by the Court in the concordato preventivo procedure?
    2017-08-03

    The Court of Siracusa (5 June 2017) ruled that a pending lease of business contract continues on a regular basis, according to the restructuring plan, in case no bids are made according to Art. 163-bis of the Italian Bankruptcy Law

    The case The debtor entered into a business lease contract with a third party before he filed for concordato preventivo.

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    The legal debate concerning an Italian exit from the Euro
    2017-02-03

    Introduction

    Filed under:
    European Union, Italy, Banking, Insolvency & Restructuring, Nctm Studio Legale, European Commission, Council of the European Union, European Parliament
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale
    The effects of bankruptcy declaration date back to the concordato filing also if there is a gap between the two procedures
    2016-05-31

    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

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Bankruptcy, United States bankruptcy court
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    COMI e coordinamento di procedure di gruppo nel nuovo Regolamento n. 2015/848
    2016-01-07

    Il Regolamento (UE) n. 2015/848 ha tenuto fermo il principio per cui ciascuna società è soggetta ad unaprocedura nello Stato Membro in cui si trova il proprio COMI, ma ha introdotto forme di cooperazionetra gli amministratori ed i giudici delle singole procedure

    Il Regolamento (CE) n. 2000/1346

    Filed under:
    European Union, Insolvency & Restructuring, Tax, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    European Union
    Firm:
    Nctm Studio Legale
    Can a concordato plan or proposal be amended in favour of the creditors after they have already approved it ?
    2015-08-03

    The Court of Cassation with the decision of 28 April 2015, No. 8575 ruled that no amendment to the concordato plan orproposal, even though more favourable to the creditors, can be made by the debtor after the end of the voting process,in a case, though, where the decision could have been influenced by the fact that the debtor himself had waived its rightto confirmation of the concordato proposal.

    The case

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

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 12
    • Page 13
    • Page 14
    • Page 15
    • Page 16
    • Current page 17
    • Page 18
    • Page 19
    • Page 20
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days