Bankruptcy Law Articles and Cases

Welcome to our curated selection of articles and cases focusing on bankruptcy law. Stay informed on the latest legal developments and court rulings in the field of insolvency law.

Bianucci Law Firm
Fraudulent Bankruptcy: Analysis of the Cass. pen. Judgment, Section V, No. 36856 of 2024

In this analysis, we delve into the ruling of the Court of Cassation regarding fraudulent bankruptcy, highlighting the grounds for appeal and the legal implications, with particular attention to the distinction between misappropriation and dissipation of corporate assets.

Bianucci Law Firm
Commentary on the Judgment of the Court of Cassation, Criminal Section V, No. 12499 of 2023: Simple Bankruptcy and the Subjective Element.

Analysis of the Supreme Court ruling concerning simple bankruptcy and the criteria for exclusion of punishability. A reflection on the judge's reasoning and the applicable legal principles.

Bianucci Law Firm
Fraudulent bankruptcy: commentary on the ruling Cass. pen., Sez. V, n. 39730/2024

Let’s analyze the recent ruling of the Court of Cassation regarding fraudulent bankruptcy, highlighting the underlying legal principles and the implications for the directors of companies in crisis.

Bianucci Law Firm
Commentary on the Judgment of the Court of Cassation, Criminal Section V, No. 36585 of 2024: Liability for Fraudulent Bankruptcy.

Let’s analyze the recent ruling of the Court of Cassation that upheld the conviction of a director for fraudulent bankruptcy, examining the legal principles and the implications for the liability of directors of companies in distress.

Bianucci Law Firm
Analysis of the Judgment of the Court of Cassation, Criminal Section V, No. 38136 of 2024: Fraudulent Bankruptcy and Defects in Reasoning.

The ruling no. 38136 of the Court of Cassation in 2024 clarifies the boundaries between fraudulent bankruptcy and simple bankruptcy, highlighting the importance of reasoning in the appeal stage and the requirements for the configurability of the offense.

Bianucci Law Firm
Analysis of the Judgment of the Supreme Court, Criminal Section, No. 44742 of 2024: Fraudulent Bankruptcy and Liability of Directors.

The analysis of the recent ruling by the Supreme Court of Cassation on the subject of fraudulent bankruptcy, focusing on the responsibilities and methods of ascertaining the unlawful conduct of the administrators, offers food for thought for professionals and entrepreneurs.

Bianucci Law Firm
Commentary on the ruling of the Italian Supreme Court, criminal section, no. 40732 of 2024: Analysis of fraudulent bankruptcy.

The ruling of the Court of Cassation on the case of fraudulent bankruptcy offers important insights into the responsibility of directors and the consequences of asset misappropriation.

Bianucci Law Firm
Analysis of the Judgment of the Court of Cassation, Criminal Section V, No. 37159 of 2024: Fraudulent Bankruptcy and Liability of Directors.

The very recent ruling of the Supreme Court of Cassation provides important clarifications on the criminal liability of directors in cases of fraudulent bankruptcy, highlighting critical aspects regarding the motivation and the subjective element of the crime.

Bianucci Law Firm
Fraudulent Bankruptcy: Commentary on the Judgment of the Court of Cassation, Criminal Division, No. 28257 of 2023

Let's analyze the recent ruling of the Court of Cassation that addressed the issue of fraudulent bankruptcy by documentation, highlighting the elements of intent and liability of the de facto administrator.

Bianucci Law Firm
Fraudulent Bankruptcy: Commentary on the Judgment of the Court of Cassation, Criminal Section V, No. 41536 of 2024.

The recent ruling of the Court of Cassation addresses the sensitivity of payments for future capital increases and their reimbursement in the event of a business crisis, clarifying the boundaries of fraudulent bankruptcy.