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De facto partnerships can be declared bankrupt even if partners are corporations

Italy - May 2 2018 The Constitutional Court (6 December 2017) confirmed that Art. 147, para. 5, of the Italian Bankruptcy Law does not violate the Constitution as long...

Contracts remain in force in amministrazione straordinaria even after they are expired ?

Italy - May 2 2018 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...

Super-priority claims for professional services related to restructuring plans and debt restructuring agreements?

Italy - May 2 2018 With two decisions (No. 18952018 and No. 18962018), both filed on 25 January 2018, the Court of Cassation reached opposite conclusions in the two...

The bankruptcy receiver can continue utilities contracts, but is not bound to pay in full previous claims based on such contracts

Italy - February 26 2018 The Court of Cassation with a decision of 25 September 2017, No. 22274 confirms that Art. 74 of the Italian Bankruptcy Law provides a special rule...

Claw-back of a corporate spin-off (Art. 2506 of the Italian Civil Code)?

Italy - February 26 2018 With the decision No. 1649 of 19 September 2017 the Court of Appeals of Catania followed the interpretation according to which a spin-off is not...