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    No automatic termination of the concordato if the debtor pays pre-­‐petition claims
    2016-04-27

    The Court of Cassation (19 February 2016, No. 3324) ruled that unauthorized payment of pre-­‐petitionclaims mandate a stop of the concordato procedure according to Art. 173 of the Italian Bankruptcy Lawonly if a prejudice follows for the creditors

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Debtor
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    A bank guarantee enforced pending a request pursuant to Art. 169-bis of the Italian bankruptcy law is a “pending contract” ?
    2015-12-09

    The Tribunal of Milan with a decree of 17 September 2015 ruled that the enforcement of a bank guarantee, pending therequest by the debtor to authorize the stay or termination of the same in a concordato preventivo procedure, bars thedecision by the Tribunal

    The case

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Surety
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Promoting competitive sales in concordato preventivo procedures: Articles 163-BIS and 182 of the Italian bankruptcy law introduced by law decree 27 June 2015, No. 83
    2015-06-30

    New rules for the competitive bid process aimed at the sale of the debtor’s assets in each phase or type of concordato preventivo procedure, which can now take place even before the confirmation order of the Court.

    Competitive sale of debtor’s assets

    Filed under:
    Italy, Insolvency & Restructuring, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    The liability of non-executive directors
    2017-11-13

    The case

    The receiver of a bankrupt joint-stock company sued its directors before the Court of Rome, in order to ascertain their liability, pursuant to Article 146 of Bankruptcy Law.

    More precisely, the bankruptcy was considered the result of a transaction particularly burdensome with respect to the company’s share capital and unjustified in relation to the economic value of the block of shares acquired.

    Filed under:
    Italy, Company & Commercial, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Board of directors
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Alitalia insolvency: second round
    2017-05-31

    By a decree of the Italian Ministry of Economic Development (MISE) on 2 May 2017 the extraordinary administration procedure set forth by legislative decree No. 347/2003 (“Legge Marzano”) was started for Alitalia Società Aerea Italiana S.p.A., which has also been declared insolvent by the Court of Civitavecchia on 11 May 2017

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Bankruptcy
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Can the Court evaluate the feasibility of a concordato preventivo plan whereby the debtor would continue to trade?
    2016-12-20

    The Court of Pavia (14 October 2016) denies confirmation of a concordato preventivo plan and proposal approved by the creditors, based on the opinion of the Judicial Commissioner that the plan is clearly unsuitable to cure the debtor’s state of financial and economic distress

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    The European Court of Justice denies that VAT must always be paid in full in concordato preventivo
    2016-04-27

    The European Court of Justice contradicts the Italian Court of Cassation and Constitutional Court andrules that a partial payment of VAT is possible, provided that an independent expert certifies that there isno better alternative for the Tax Authorities

    The case

    Filed under:
    European Union, Italy, Insolvency & Restructuring, Litigation, Tax, Nctm Studio Legale, Court of Justice of the European Union
    Authors:
    Fabio Marelli
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale
    The recast EU Regulation No. 2015/848 on insolvency procedures
    2015-12-09

    Regulation No. 2015/848 is an update and an enhancement of European Union rules on cross-border insolvencyprocedures, with respect to Regulation No. 1346/2000 currently applicable. We start here a series of newsletters wherewe will address the new rules which will come into effect starting from 2017.

    Filed under:
    European Union, Insolvency & Restructuring, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    European Union
    Firm:
    Nctm Studio Legale
    New openings for liens pursuant to Art. 2645-ter of the Italian Civil Code for the benefit of creditors in concordato preventivo procedures
    2015-06-03

    The Tribunal of Milan allowed a concordato preventivo proposal to be amended, providing that additional resources for the creditors could be made available through a lien on real estate property belonging to a shareholder of the company.

    The case

    NCTM Studio Legale Associato assisted a company in filing and subsequently amending a concordato preventivo proposal before the Tribunal of Milan.

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Across The EUniverse - Number Twenty three
    2017-10-31

    Summer is over and Autumn is truly upon us bringing back many of the winds that seemed die down in the golden summer of Macron. Eurosceptic parties have made electoral gains in Germany and in Austria and the same has now happened in the Czech Republic. The hope that Macron and Merkel could push forward a strong integrationist agenda have faded somewhat as the German liberal party (and possibly the German Supreme Court) fight against common budgets and fiscal transfers.

    Filed under:
    European Union, Italy, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Public, Trade & Customs, Nctm Studio Legale, Punitive damages, European Parliament
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale

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