Bankruptcy law

The Cetraro Law Firm operates in the area of ​​Bankruptcy Law and insolvency procedures, providing assistance in the field of bankruptcy proceedings, debt restructuring, out-of-court agreements, agreed upon estimates and bankruptcy.

It develops the most appropriate strategies for the management of liabilities and the satisfaction of the interests of the company and creditors, takes care of the signing of debt restructuring agreements and the proposal of composition with creditors.

The Firm offers assistance to companies in crisis, both in relations with banking and financial institutions and with suppliers, in order to identify and perfect the most effective corporate restructuring and restructuring solutions.

The Firm follows its Customers in the procedures for admission to the liability and in the eventual opposition phase to the liability status, as well as in the disputes of opposition to the declarations of bankruptcy and of bankruptcy revocations.

Cass. Civ., Section VI, sentence no. 4893 of 19.02.2019: “(…) In the appeal against the bankruptcy judgment, limited to the procedures in which the reform referred to in Legislative Decree no. 169 of 2007, which modified art. 18 of the l. fall., renaming this medium as a “complaint” in place of the previous “appeal”, the limits provided for, in the matter of appeal, by Articles 342 and 345 c.p.c. It follows that the debtor, although not constituted before the court, may indicate in the complaint the means of proof which he intends to use, even for the first time, in order to demonstrate the existence of the dimensional limits pursuant to art. 1, paragraph 2, l. fall. “

Cass. Civ., Section II, sentence no. 33422 of 17.12.2019: “(…) In the event of an arrangement with the assignment of assets to creditors, the right to dispose of them is attributed to the liquidating commissioner, who acts as the agent of creditors, while the debtor maintains, in addition to ownership of property, including procedural legitimacy; it follows that the liquidator’s procedural legitimacy is anchored and limited to the perimeter of the liquidation and distribution prerogatives that belong to the same and, therefore, to the relationships that take place during and according to the liquidation. If, therefore, the approval of the composition with creditors and the appointment of the liquidator occurred after the entrepreneur was sued by a creditor with a request for conviction, it is not necessary to provide for the integration of the cross-examination against the liquidator.