Insolvency Law Articles and Cases

Welcome to our insolvency law category, where you can find a wealth of information on bankruptcy, debt restructuring, liquidation, and other related topics. Stay up to date with the latest articles and cases in the field of insolvency law.

Bianucci Law Firm
Fraudulent bankruptcy: analysis of the ruling Cass. pen. no. 36040/2024

The ruling of the Court of Cassation of September 26, 2024 provides important clarifications on the configurability of fraudulent bankruptcy and on the interpretation of intra-group transactions, emphasizing the responsibility of directors and compensatory benefits.

Bianucci Law Firm
Fraudulent Bankruptcy: Analysis of the ruling of Cass. pen., Section V, no. 35698 of 2024.

The ruling of the Supreme Court of Cassation provides significant insights into the legal qualification of fraudulent bankruptcy, with particular attention to the subjective element of the crime and the maintenance of accounting records.

Bianucci Law Firm
Fraudulent Bankruptcy: Commentary on the ruling of the Court of Cassation, Criminal Section V, no. 36041 of 2024.

The recent ruling of the Court of Cassation clarifies the parameters of criminal liability for fraudulent bankruptcy, highlighting the distinction between intent and fraudulent operations.

Bianucci Law Firm
Fraudulent bankruptcy: analysis of the ruling of the Italian Supreme Court, Criminal Section V, No. 51207 of 2023.

The recent ruling of the Court of Cassation addresses the issue of document bankruptcy, examining the legitimacy of the rules and the responsibilities of liquidators. An in-depth analysis of the principles of typicality and offensiveness in bankruptcy law.

Bianucci Law Firm
Commentary on the Judgment of the Supreme Court, Criminal Section No. 40752 of 2024: The Liability of the Administrator in Fraudulent Bankruptcy.

The analysis of the recent ruling by the Court of Cassation on the case of fraudulent bankruptcy, highlighting the duties of the administrator and the negligent responsibilities in maintaining accounting records.

Bianucci Law Firm
Independence of the Expert in the Preventive Arrangement: Analysis of Ordinance No. 20059 of 2024

The recent ruling of the Court of Cassation clarifies the requirements for the independence of the expert in the preventive agreement, highlighting the legal and practical implications for professionals in the field.

Bianucci Law Firm
Commentary on Judgment No. 18826 of 2024 on the Competing Proposal in Preventive Arrangement.

Let's analyze the recent ruling of the Court of Cassation that clarifies the non-appealability to the Court of Cassation of the declaration of inadmissibility of the competing proposal in the preventive agreement, providing insights into the rights and duties of the parties involved.

Bianucci Law Firm
Commentary on Ordinance No. 18760 of 2024: Admission to Bankruptcy and Precedence Credits

Order No. 18760 of 2024 provides important clarifications on the regulation of claims for the admission of pre-deductible credits, highlighting the presumption of guilt in case of delay in submitting the application. Let's explore the meaning of these provisions in the context of bankruptcy.

Bianucci Law Firm
Analysis of Order No. 18522 of 2024: the Commissioner’s Notice and its Role in Extraordinary Administration.

Discover the meaning of Ordinance No. 18522 of 2024 regarding the notice to creditors in extraordinary administration, a crucial aspect for the protection of creditors' rights and the transparency of the bankruptcy procedure.

Bianucci Law Firm
Preventive Arrangement: Commentary on Ruling No. 18019 of 2024

The recent ruling of the Court of Appeal of Venice clarifies the possibility of challenging the measures of the delegated judge regarding pre-bankruptcy agreements, even after the approval. A thorough analysis.