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.

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Analysis of the Judgment of the Supreme Court, Criminal Division, No. 20152 of 2024: Bankruptcy and Self-Laundering.

The ruling of the Court of Cassation no. 20152 of 2024 clarifies the boundaries between fraudulent bankruptcy and self-laundering, highlighting the need for a temporal distinction between the two offenses and the importance of quid pluris in the configuration of self-laundering.

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Cass. pen., Sec. II, Judg., n. 13352/2023: Self-laundering in the light of bankruptcy by diversion.

The ruling of the Supreme Court analyzes the complexity of self-laundering in relation to bankruptcy for distraction, clarifying the distinction between the two cases and the implications for the economic order.

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Commentary on Judgment No. 18792 of 2022: Declarations to the Bankruptcy Trustee and the Interpreter.

The ruling no. 18792 of 2022 of the Court of Cassation clarifies the interpretation of the rules regarding statements made to the bankruptcy trustee by non-native speakers, highlighting the limits of the necessity for an interpreter.

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Fraudulent Bankruptcy and Reimbursements to Members: Commentary on Judgment No. 27446 of 2024

Analysis of ruling no. 27446 of 2024 regarding reimbursements to shareholders in the event of bankruptcy, with a focus on capital contributions and loans.

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Analysis of Judgment No. 26886 of 2024: fraudulent bankruptcy and preventive agreement.

Judgment no. 26886 of 2024 addresses the issue of fraudulent bankruptcy from preventive composition, clarifying the sanctioning treatment provided by bankruptcy law and its constitutional legitimacy.

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Analysis of Judgment No. 26164 of 2024: Sale of Real Estate and Fraudulent Bankruptcy

The ruling of the Court of Cassation clarifies the implications of a real estate sale at a price lower than market value in the case of fraudulent bankruptcy. A thorough analysis of the regulations and legal consequences.

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Commentary on Judgment No. 27688 of 2024: Specific Intent and Participation in Fraudulent Bankruptcy.

Analysis of ruling no. 27688 of 2024, which explores criminal liability in cases of failure to maintain accounting records, highlighting the role of specific intent and complicity in the offense.

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Simple Bankruptcy and Inventory Book: Analysis of Judgment No. 27703 of 2024

The recent ruling of the Court of Cassation clarifies the configurability of the crime of simple bankruptcy in relation to the irregular maintenance of the inventory book, highlighting the importance of analytical detail in accounting documentation.

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Ruling No. 28009 of 2024: Economic Damage and Criteria for Identification in Bankruptcy Crimes

Analysis of ruling no. 28009 of 2024 concerning bankruptcy offenses and the recognition of aggravating circumstances related to financial damage, with a focus on the evaluation criteria established by law.

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Legitimacy of the Condominium and Claim: Analysis of Judgment No. 18003 of 2024

Judgment No. 18003 of 2024 clarifies the standing of individual condominium owners in the event of a reclamation action under Article 103 of the Bankruptcy Law and the consequences for opposition to the passive state.