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Articles by Daniela Andreatta
Reform of Insolvency Legislation is Approved | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Restructuring and insolvency: The position of creditors in Italy | Lexology
Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions. Position of creditors Forms of security What are the main forms of security over moveable and immoveable property and how are they given legal effect? The definitions in this regard are set out below: Mortgages – a right of preference granted to creditors on real estate to secure the repayment of a debt.
Cross-border insolvency in Italy | Lexology
Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions. Cross-border insolvency Recognition of foreign proceedings Under what circumstances will the courts in your jurisdiction recognise the validity of foreign insolvency proceedings? EU Regulation 2015/848 on insolvency proceedings applies in Italy.
Liquidation procedures in Italy | Lexology
Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions. Liquidation procedures Eligibility What are the eligibility criteria for initiating liquidation procedures? Are any entities explicitly barred from initiating such procedures?
Restructuring & Insolvency: Director and parent company liability in Italy | Lexology
Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions. Director and parent company liability Liability Under what circumstances can a director or parent company be held liable for a company’s insolvency? Directors are exposed to civil and criminal liabilities for negligence or wilful misconduct in the management of the company or supervision thereof.
Restructuring & Insolvency in Italy | Lexology
Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions. Legal framework Legislation What is the primary legislation governing insolvency and restructuring proceedings in your jurisdiction? The primary legislation governing insolvency and restructuring proceedings in Italy is set out in the Bankruptcy Law (Royal Decree 267/1942). Regulatory climate On an international spectrum, is your jurisdiction more creditor or debtor friendly? Debtor friendly.
A Major Shift of the Italian Supreme Court on Bankruptcy Buy-Outs (concordati fallimentari) | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Guidelines for best practices in real estate enforcement proceedings
The avalanche of bad loans that has hit Italy in recent years has drawn attention on the inefficiency of the judicial debt collection system, one of the leading causes of the banking crisis and the low prices that the banks get for the NPL portfolios they offer for sale. The need to improve the system has been felt by the Parliament, which has recently intervened on the Code of Civil Procedure and the Bankruptcy Law to enhance the execution proceedings (1).
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