Insolvency and restructuring

We have developed significant expertise in insolvency law and in handling the critical stages of business. We offer companies advice in the analysis and in the determination of the best ways to handle insolvency, and in the Court stage to file for and handle the different insolvency procedures (debt restructuring agreements, out-of-court reorganization and restructuring plans, composition with creditors, extraordinary administration of large insolvent companies, compulsory winding up).

We advise creditors and prospective purchasers in the negotiations aimed at taking over assets and businesses within insolvency procedures.

We also assist our clients in proving their debts in bankruptcy, in the possible objections to the schedule of distribution to creditors, and in the appeal proceedings against judgments declaring bankruptcy and voluntary conveyances to defraud creditors voidable.

Recent work includes:

• we are representing an international banking institution in the insolvency proceedings of an Italian business;

• we provide assistance to bankruptcy trustees for the drafting of the scheme of admission of the lodged claims, as well as for the relations with banking institutions;

• we are regularly instructed by clients in disputes against companies in receivership or bankruptcy to challenge the schedule of distribution to creditors;

• we are regularly instructed by clients in composition with creditors proceedings;

• we advise and represent bankruptcy trustees and former companies’ directors before the Specialized Chambers of the Courts in merit and precautionary judgments arising from liability actions;

• we assist and represent bankruptcy trustees and companies’ creditors in the proceedings following the declaration of bankruptcy, as well as the second ones for the lodgement of claims or the complaint to the distribution plan;

• we represent bankruptcy trustees for the promotion of appropriate (civil, administrative and criminal) legal actions and remainder of the proceedings brought before the declaration of bankruptcy;

• we have represented a State bank of a foreign Country in the appeal proceedings it brought against the enforcement decree of the schedule of distribution to creditors of an Italian public limited company under extraordinary administration;

• we have provided extrajudicial assistance to partner and legal representative of LLC declared bankrupt through bankruptcy proceeding;

• we have provided assistance to several companies during the appeal proceeding of the schedule of distribution to creditors;

• we have provided assistance to a leading Italian industrial reality with refence to the restructuring agreements pursuant to art. 182 bis l.fall. and rehabilitation pursuant to art. 67 l.fall.;

• we have represented the bankruptcy of an airport management company in the cases deriving from a compensatory administrative legal proceeding brought against it before the declaration of bankruptcy.