Insolvency & Restructuring Law

Italian Insolvency law has reached a considerable level of complexity due to the continuous reforms enacted over the last 17 years, culminating in the forthcoming enactment of the Corporate Crisis and Insolvency Code. 

The Firm and its professionals have an outstanding experience in the insolvency and restructuring field, notably:

(i) debt and corporate restructuring operations, both in-court (so-called “concordati preventivi” – voluntary insolvency agreements and debt restructuring agreements pursuant to Art. 182-bis of the Italian Insolvency Law), and out-of court ones (Art. 67 of the Italian Insolvency Law),

(ii) litigation against insolvent debtors, filing of proof of claims, proof of claim appeal proceedings, clawback and damage claim actions, including recovery actions against directors and members of supervisory bodies, as well as third parties. The Firm also handles distressed M&A transactions and acquisitions / leases of businesses and assets from debtors admitted to insolvency proceedings, purchase of distressed assets or receivables (portfolios or single names), also through competitive procedures.

Specific experience was also acquired in assisting Italian and foreign creditors in the main extraordinary administration proceedings (“amministrazioni straordinarie”) and in sophisticated large-scale insolvency-related litigations involving investments funds.

The professionals working in this department follow closely the continuous changes in the law and, in particular the new rules set forth under the Corporate Crisis and Insolvency Code also by participating as speakers at relevant conferences and seminars. Prof. Fabrizio Di Marzio is also a member of the Government expert committee appointed since April 2021 to complete the reform of the Italian insolvency law.