Bankruptcy and insolvency litigation
FIVELEX provides advice in all phases and degrees of litigation arising from insolvency proceedings and/or company distress management operations, advising both insolvency officials and their counterparties.
FIVELEX has significant experience in this field, and in the following areas in particular:
• compensation and liability actions against management and control bodies, companies responsible for management and coordination, credit institutions and other financial operators (including in cases of aggravation of distress and unlawful continuation of business activity) and audit firms;
• ordinary and bankruptcy claw-back actions against legal transactions, payments and guarantees;
• opposition to the rejection of creditors’ claims and appeals against the acts of receivers, extraordinary commissioners, liquidators, bankruptcy judges and creditors’ committees;
• endorsement proceedings for debt restructuring agreements, including any opposition phase;
• actions within the framework of compositions with creditors, including the phases of termination or suspension of existing contracts, endorsement or opposition to endorsement and/or revocation pursuant to Art. 173 of the Bankruptcy Law;
• appeals against declarations of bankruptcy or the commencement of extraordinary administration and/or compulsory administrative liquidation;
• disputes relating to the repayment of loans granted by (or backed by guarantees given by) public or quasi-public entities (such as the Ministry of Economic Development, Mediocredito Centrale S.p.A., SACE S.p.A., etc.).