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    Fabio Marelli
    ADVANT Nctm - Milan
    Lawyer
    Partner

    Fabio Marelli

    ADVANT Nctm - Milan
    Lawyer
    Partner

    LANGUAGES

    English / Italian

    Practice Areas

    Arbitration - Dispute Resolution - Restructuring and Insolvency

    Contacts

    T : +39 02 725511

    fabio.marelli@advant-nctm.com

    Expertise

    Fabio Marelli combines a steady professional activity and experience in complex restructurings with an academic role, being a professor of insolvency law at the University of Pavia and author of several publications on insolvency matters.

    Clients assisted by Fabio range from publicly-held companies to private companies in diverse sectors (manufacturing, wholesale and retail, logistics), to large global organisations. The diversity of clients and business sectors is coupled with the variety of assistance that Fabio provides to clients, in both judicial and out-of-court restructurings, as well as in distressed M&A deals on buyers’ side and in handling all types of issues arising when clients have to deal with a distressed or insolvent counterparty in a contractual relationship.

    Fabio’s extensive experience is joined with his global reach on and wide knowledge of insolvency law due to his academic role, which translates into his assistance being of the utmost value to clients.

    He has been a member of the Commission appointed by the Minister of Justice which drew up the draft new Insolvency Code which has been enacted by legislative decree No. 14/2019.

    Education

    • Admitted to the Supreme Court, 2004.

    • Admitted to the Milan Bar, 1991.

    • LL.M. in Comparative Law, University of Miami, 1990.

    • Law Degree, Università degli Studi di Pavia, 1987.

    Publications

    • “L’annullamento del concordato preventivo per atti di frode nella fase di esecuzioni”,
      in: Fall. 2023, p. 842“Il parere del curatore sulla proposta di concordato fallimentare e la valutazione dei creditori” in: Fall. 2022, p. 1540

    • “Novità in tema di competenza nel nuovo codice della crisi d’impresa e dell’insolvenza”,
      in: Riv. dir. proc. 2021, p. 260

    • “Gli atti processuali”,
      in: Diritto processuale civile a cura di Lotario Dittrich, vol. I, Milano, 2019, p. 1060

    • “Il sistema delle impugnazioni. La revoca del fallimento”,
      in: Fallimento e concordato fallimentare, a cura di Alberto Jorio, vol. I, Torino, 2016, p. 719

    Articles

    Third amendment to the crisis code: main changes
    By Fabio Marelli
    Read more
    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…
    Read more
    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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    Super-priority claims for professional services related to restructuring plans and debt restructuring agreements?
    With two decisions (No. 1895/2018 and No. 1896/2018), both filed on 25 January 2018, the Court of Cassation reached opposite conclusions in the two different situations. The case The decision No. 1895/20…
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    Contracts remain in force in amministrazione straordinaria even after they are expired?
    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 …
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