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Italy: Insolvency Proceedings

1984
The principles of Italian bankruptcy law are to be found in the general rules on patrimonial responsibility, by which (Article 2740 of the Italian Civil Code, at present in force) the debtor must try to meet his debts with all present and future assets, while his creditors have the same right to be paid out of the debtor’s said assets, except where ...
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Insolvency Proceedings

2020
Jonathan Leslie, John Kingston
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Proceedings, Dissolution, and Insolvency

2007
Abstract This chapter covers two topics: (i) proceedings in which a Group Company is, or is likely to be, involved; and (ii) whether any Group Company is in the stages of being dissolved or has become insolvent. Proceedings are not limited to litigation in the People’s court but also include arbitration and administrative proceedings ...
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The Concept of Insolvency Proceedings

2017
Abstract Insolvency proceedings, whether of a terminal or a reorganizational nature, are the proceedings which can be invoked by or in respect of a company so as to subject its property and affairs to the rules of insolvency law applicable to the administration of an insolvent estate.
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State AId and Insolvency Proceedings

2007
Il contributo si propone di illustrare la tematica delle procedure fallimentari in rapporto al tema degli aiuti di Stato. A questo fine, viene esaminata, in primo luogo, la procedura dell'amministrazione straordinaria delle grandi imprese in crisi, partendo dalla legge Prodi fino alla legge Marzano e alle successive modifiche di questa.
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Netherlands: Insolvency Proceedings

1984
In Dutch law there are two types of insolvency proceedings, that is: (a) bankruptcy (faillissement) (b) legal moratorium (surseance van betaling) Both proceedings are ruled by the Dutch law on bankruptcy (Faillissementswet: law from 30 September 1893, in force from 1 September 1896), which contains the rules for ...
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Formal Insolvency Proceedings

Abstract This chapter elaborates on formal insolvency proceedings. While most legal systems provide for several different types of insolvency-related proceedings, this chapter focuses mainly on ‘traditionel’ liquidation proceedings. These are shaped as collective enforcement proceedings and resemble individual execution, but on a pari ...
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Cross-Border Insolvency Proceedings: Main and Secondary Insolvency Proceedings Under the New EU Insolvency Regulation

2017
The new EU Insolvency Regulation 2015/848 is going to enter into force in June this year. Although, it brings many novelties such as, a widened scope of application, re-designed concept of the centre of main interest (COMI), introduction of the publicly accessible insolvency registers, the most important amendments are on the main and secondary ...
Akšamović, Dubravka   +1 more
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Directors’ liabilities in Insolvency Proceedings

2017
Abstract This chapter discusses the liabilities of directors in consequence of a company entering insolvency proceedings. Sections B and C(1) concern claims which were available to the company when it entered insolvency proceedings and can be brought in its own name or by a liquidator using the summary procedure in the Insolvency Act, s ...
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