Blog
Non-payment of lawyer's fees and fraudulent insolvency.
- Wednesday 08 February 2017
- Diritto Fallimentare, Diritto Penale
- Italia
A recent ruling of the Court of Fermo stated the correlation between fraudulent insolvency ex art. 641 C.P. and failure to pay the lawyer's fees. To detect fraudulent insolvency, three elements must exist: the conscious assumption of the obligation, insolvency and dissimulation of ...
According to Italian Suprem Court, socially useful work and part-time permanent job are compatible.
- Wednesday 01 June 2016
- Diritto Fallimentare
- Italia
With Sentence n° 5226/2016 of the Italian Supreme Court, socially useful work and part time permanent job have been declared compatible. In this case, an employee has received a check for a socially useful work service, asking then the return, since the worker had been employed with...
Group of companies and crisis situation
- Wednesday 24 February 2016
- Diritto Fallimentare, Novità legislative
- Italia
The insistent overlap of modifications to the text of R.D. No 267/1942 has already fail to satisfy the clear need for a systematic reform of the bankruptcy law, which is in force for over seventy years. Therefore, a few months after the entry into force of D.L. No 83/2015, the discipline is ...
Time is money, also in the concordato preventivo proceeding: Court of Cassation, judg. no. 17461/201
- Tuesday 06 October 2015
- Diritto Fallimentare, Diritto Societario, Real Estate
- Italia
The Supreme Court, by the judg. no. 17461/2015, sets out its position about the eligibility of a concordato preventivo proposal that provides a delayed payment of secured creditors as well as about the right of vote by the latters. The decision moves from the proposal, applied by a...
MOVING FROM THE ‘NEW INJUNCTION’: “OVER-INDEBTEDNESS” AND ENTRY REQUIREMENTS TO THE “FRESH START"
- Wednesday 30 September 2015
- Contenzioso arbitrale e giudiziario, Diritto Commerciale e Contratti, Diritto Fallimentare, Diritto Societario
- Italia
The art. 480, par. 2, of the Italian Civil Trial Code, as known, has been amended by the Article 13 of the D.L. n. 83/2015 (so-called decreto “anti credit crunch”), issued on June 27 last, (pursuant to art. 13), referred to the “form of injunction”. By this way a new formal fulfillment ...