The revocation of the bankruptcy trustee



Article taken from “Crisis and rehabilitation n. 31/2018 “

The procedure for revoking and replacing the curator is a natural consequence of the public purposes that oversee the determination of the requirements for the appointment of the same and the assessment of his professional work. This context allows for the exclusion of a subjective right to remain in office and determines the conditions for appeal against the revocation decree. Any liability action promoted by the new trustee presupposes the existence of damage and a causal link with the omissive or commissive behavior of the revoked administrator and is not affected by the outcome of the approval of the statement presented by the latter.   Keep reading…

The following is the SUMMARY of “Crisis and rehabilitation n. 31/2018 “

Right

“The prescription of credits in the concordato” of Domenica Capezzera
“The tasks of the judicial administrator of the company seized in the pre-bankruptcy phase” by Giovanbattista Tona
“Expenses attributable to the land creditor at the time of bankruptcy and conflict between non-deductible credits and mortgage credit. The general insolvency costs and the proportionality criterion ” by Corrado Camisasca
“Agreed in white: the granting and extension of terms to the examination of the judge” by Valeria Marocchio and Federico Colognato
“Criteria for the pre-deductibility of receivables arising on or occasion of the procedure. The case of professionals ” by Ernestina De Medio
“The concordat of the football clubs in a state of crisis” by Nicla Corvacchiola and Cristiano Guarna
“Professional certification and sensitivity analysis through different and alternative scenarios” by Fabio Battaglia
“The revocation of the bankruptcy trustee” by Alessandro Solidoro

Operation

“Hypothesis of revocation and replacement of the bankruptcy trustee” by Francesco Pozzi and Beatrice Righi
“Tax credits within the scope of the arrangement. The regulatory changes under the lens of the Tax Office – Part II ” by Gianfranco Antico
“Notes on variation of VAT in the agreement with business continuity” by Marco Peirolo
“The admission to the liabilities of the agent for the collection: the processing of receivables, expenses, surcharges, default interest, costs of insinuation” by Mario Ventura

Bankruptcy Law on the desk

“Provisions on the composition of the over-indebtedness crisis” by Massimo Conigliaro and Nicla Corvacchiola

Observatory
“Observatory of bankruptcy law” by Massimo Conigliaro

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