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    Third amendment to the crisis code: main changes
    By Fabio Marelli
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    ADVANT Nctm strengthens its Restructuring and Insolvency department with the entry of partner Juri Bettinelli
    ADVANT Nctm is pleased to announce the entry of new partner Juri Bettinelli, who will strengthen its Restructuring and Insolvency department. Juri Bettinelli comes from the firm of Allen & Overy, where …
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    The new Italian Insolvency Code entered into force on 15 July 2022
    The new Italian Insolvency Code (hereinafter "CCII" or "Code") has entered into force on 15 July 2022, with the latest amendments introduced by Legislative Decree No. 83 of 17 June 2022, which  has transpo…
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    The new Italian Insolvency Code enters into force with further amendments, in im-plementation of the Directive (EU) No. 2019/1023 (legislative decree No. 83/2022)
    The new Insolvency Code ("CCII" or "Code") will come into force on 15 July 2022. Legislative Decree 17 June 2022, No. 83 (“Legislative Decree”) implements the EU Directive and introduces several significan…
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    Negotiated composition with creditors and simplified concordato (law-decree No. 118/2021): a «counter-reform» ?
    Negotiated composition with creditors and simplified concordato (law-decree No. 118/2021): a «counter-reform» ?   Si tratta quindi di nuovi strumenti che (insieme a misure premiali relative ai debiti…
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    RESTRUCTURING & TURNAROUND | Law Decree No. 23/2020 – emergency provisions in insolvency
    Law Decree No. 23 of 8 April 2020 (the "Decree") sets some emergency provisions regarding insolvency procedures, among others. In a nutshell, these concern: 1. entry into force of the new Insolvency Cod…
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    «Concordato preventivo» in the new Italian Insolvency Code («CCI» or «Code»)
    The new Code (which will enter into force on 14 August 2020) provides some significant changes in the provisions related to the «concordato preventivo» procedure (namely, the composition with creditors), w…
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    The new Italian Insolvency Code ("CCI")
    Introduction The Legislative Decree No. 14/2019 is divided into four parts, the most important of which is the first containing the new CCI composed of 390 articles: the second part includes a few amendme…
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    Declaration of bankruptcy without prior termination of an unfulfilled concordato preventivo
    The Tribunal of Arezzo (3 May 2018) followed on the precedents of the Court of Cassation (11 December 2017, No. 29632 and 17 July 2017, No. 17703) and confirmed that creditors which were not paid under a c…
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    Concordato fallimentare, conflict of interest and voting right of the creditor making the proposal
    With a recent decision (28 June 2018, No. 17186), the Joint Chambers of the Court of Cassation ruled that companies belonging to the same group as that which made a proposal for concordato fallimentare are…
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    The company has a super-priority claim in the insolvency of a shareholder for equity payments
    The Tribunal of Reggio Emilia (9 July 2018) ruled that claims for equity contributions gain super-priority status in the insolvency procedure of a shareholder, at the time when the company recalls the rele…
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    De facto partnerships can be declared bankrupt even if partners are corporations
    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 The Tr…
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