CRISIS AND INSOLVENCY PROCEEDINGS LAW (2020/2021)

Course code
4S00350
Name of lecturer
Alberto Maria Tedoldi
Coordinator
Alberto Maria Tedoldi
Number of ECTS credits allocated
6
Other available courses
Academic sector
IUS/15 - CIVIL PROCEDURAL LAW
Language of instruction
Italian
Period
2° periodo di lezioni - febbraio/marzo 2021 dal Feb 15, 2021 al Mar 29, 2021.

Lesson timetable

Go to lesson schedule

Learning outcomes

Crisis and Insolvency Proceedings Law studies the proceedings regulating business crisis and insolvency. Bankruptcy law is often and widely modified in order to provide for more modern and flexible proceedings through anticipated and contractual proceedings for the solution of crisis or insolvency of a firm or of an individual debtor, also consumer. It has been approved with law decree n. 14/2019 the new Code of the Crisis and Insolvency, which will be in force starting from September 2021.

Syllabus

1. General features of crisis and insolvency proceedings: the Code of crisis and insolvency. - 2. The conditions for judicial liquidation. - 3. The judgment opening the judicial liquidation and the claim to the court of appeal. - 4. The bodies of judicial liquidation. - 5. The effects of judicial liquidation for the debtor. - 6. The effects of judicial liquidation for the creditors: the formal and substantial concursus creditorum. - 7. The effects of judicial liquidation on acts: the revocation. - 8. The effects of judicial liquidation on pre-existing legal relationships. - 9. The assessment of credits and rights claimed by third parties. - 10. The provisional business exercise and the lease of firm. - 11. Inventory and liquidation of assets. - 12. The distribution plans. - 13. The closure of the judicial liquidation. - 14. The arrangement in the judicial liquidation. - 15. Release from debts - 16. The companies’ judicial liquidation. - 17. The preventive arrangement with creditors. - 18. Debt restructuring agreements and reorganization plan. - 19. The composition of the crisis for over-indebtment and the consumer's plane . - 20. Judicial liquidation of the assets of over-indebted. - 21. The arrangement for little enterprises.

Reference books
Author Title Publisher Year ISBN Note
Alberto Tedoldi Crisi, insolvenza, sovraindebitamento e procedure concorsuali Pacini Editore   In corso di pubblicazione (uscirà nei primi mesi del 2021)

Assessment methods and criteria

The exam is oral and consists in ascertaining knowledge of the fundamental principles and rules concerning bankruptcy proceedings. The exam is based on three questions: one on the general principles of the matter, one on judicial liquidation and one on the other proceedings of arrangement or regulation of crisis and insolvency (preventive arrangement with creditors, debt restructuring agreements, composition of the crisis for over-indebtment, judicial liquidation of assets of the over-indebted).
For attending students only, as an alternative to the oral test, there is the possibility, at the choice of the individual student, of a final written test, to be carried out in an hour.
The final mark is expressed in thirtieths.