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30/10/2018
Restructuring & Turnaround
Declaration of bankruptcy without prior termination of an unfulfilled concordato preventivo
The Tribunal of Arezzo (3 May 2018) followed on the precedents of the Court of Cassation (11 December 2017, No. 29632 and 17 July 2017, No. 17703) and confirmed that creditors which were not paid under a concordato proposal are entitled to apply for the declaration of bankruptcy without a nee...
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Restructuring & Turnaround
Concordato fallimentare, conflict of interest and voting right of the creditor making the proposal
With a recent decision (28 June 2018, No. 17186), the Joint Chambers of the Court of Cassation ruled that companies belonging to the same group as that which made a proposal for concordato fallimentare are excluded from the vote and cannot be taken into account for determining the relevant qu...
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Restructuring & Turnaround
The company has a super-priority claim in the insolvency of a shareholder for equity payments
The Tribunal of Reggio Emilia (9 July 2018) ruled that claims for equity contributions gain super-priority status in the insolvency procedure of a shareholder, at the time when the company recalls the relevant payment The case A company subject to
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08/10/2018
The expected decision of the Joint Divisions (Sezioni Unite) of the Italian Court of Cassation: a (final?) confirmation of the general validity of claims made clauses
The much-expected decision of the Italian Court of Cassation Joint Divisions (n. 22437, dated 5 June 2018) on the validity of the claims made clause was issued on 24 September 2018. The judgment follows the “submission” of the matter, by the third section (terza sezione) of Co...
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04/10/2018
Contributions from Nctm Offices Around the World
Shipping & Transport Bulletin October-November 2018
Maritime Holdings and Zeabron acquire Zeamarine The purchase by Maritime Holdings of the US and Gemany’s Zeaborn Chartering Management of Zeamarine of Germany has been approved by the EU Commission in mid-August within the terms of the EU’s Merger Control Regulation. The Commission a...
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