law

Inglese The course aims to provide in-depth knowledge of the regulation of the crisis of the company and of the debtor, as a consumer or professional, with regard to all aspects of the crisis and insolvency at the crossroads between the bankruptcy rules and the new discipline provided for in the Code of business crisis and insolvency under Legislative Decree 12 January 2019, n. 14. Procedural profiles of the discipline will be analyzed in particular, without neglecting the substantive aspects that are essential for understanding the subject. The analysis of the regulatory evolution still in progress constitutes a fundamental and essential step, to which constant attention is paid throughout the course. First of all, the course proposes to highlight the features of insolvency proceedings, starting from the traditional bankruptcy, now called "judicial liquidation", as a model of insolvency proceeding; it then focuses on the agreements for overcoming the crisis, in accordance with the provisions of the bankruptcy law and the new Code of crisis and insolvency, as well as other special laws. The course also addresses the proceedings for resolving the “over-indebtedness crisis”, which is now regulated within the same Code. The institutes introduced by the Code that innovate and integrate the traditional discipline are also analyzed, such as the alert procedures and assisted settlement of the crisis and the regulation of the crisis and insolvency of companies’ groups. Finally, the course focuses on the main lines of the extraordinary administration of large companies in crisis. In particular, an essential training objective is an in-depth understanding of the topics: Outline of bankruptcy proceedings. Bankruptcy and judicial liquidation: requirements, procedure and effects. The bankruptcy agreement. The bankruptcy of companies. The arrangement with creditors, as redefined by the new Code. Debt restructuring agreements and recovery plans. Administrative insolvency procedures. Procedures for resolving over-indebtedness crises. The state of crisis and insolvency of companies’ groups. The cross-border insolvency procedure. Criminal and fiscal profiles of bankruptcy proceedings. During the lessons some jurisprudential cases of particular interest will be properly reported and examined.