BUSINESS INSOLVENCY LAW
Instructional goals
Enhance the professionalizing nature of the subject, so as to allow students to have, immediately after graduation, a specialized operational competence.
Intended learning outcomes
Basic knowledge of the rules of procedures to manage the crises;
habit of consulting legal texts; acquisition, through the examination of court cases, the awareness of the practical significance of theoretical knowledge
Course Contents
The corporate crisis discipline dictated by the d. lgs. 12 January 2019, n. 14 (Code of business crisis and insolvency).
Reference Books
An important amendment to the Business Crisis Code is expected by July 2024; to adopt an updated reference text, the relevant indication will be provided during the first lesson.
Teaching Methods
For three quarters of the available time, frontal lessons are provided with the constant use of the legal text; for the remaining quarter of the available time, in order to stimulate active learning, the students, individually or divided into groups, will have to examine and discuss practical cases or report on research.
Assessment Method
For those attending, a continuous assessment of individual and group activities is foreseen. The continuous assessment will have a weight of 70% while the oral exam, in the sessions scheduled for the examination of those attending, will weigh for the remaining 30%. For non-attending students and for those attending who will not take advantage of the dedicated exam sessions, the oral exam will have a weight of 100%.
Thesis assignment criteria
NO
Week 1
The regulation of business crises: needs and paths; the new approach of the Code of business crisis and insolvency.
The subjective requirements for access to corporate crisis regulation procedures.
Week 2
The objective requirements for access to corporate crisis regulation procedures.
The negotiated settlement of the crisis.
Week 3
The unitary procedure for accessing corporate crisis regulation procedures.
The judicial liquidation: bodies.
Week 4
The judicial liquidation: custody and assets administration; provisional exercise and company lease.
The judicial liquidation: effects for the debtor.
Week 5
The judicial liquidation: effects for creditors.
The judicial liquidation: pending legal relationships.
Week 6
The judicial liquidation: revocatory action.
The judicial liquidation: liabilities establishing.
Week 7
The judicial liquidation: assets liquidation.
The judicial liquidation: assets allocation.
Week 8
The judicial liquidation: closure.
The composition with court settlement.
Week 9
The judicial liquidation of companies.
The certified recovery plan and the debt restructuring agreements.
Week 10
The arrangement with creditors: requirements and functions.
The preventive arrangement with creditors: content of the proposal and formation of the classes; offers and competing offers.
Week 11
The arrangement with creditors: effects of admission to the procedure.
The arrangement with creditors: approval.
Week 12
The arrangement with creditors with creditors: judicial approval and execution.
Notes on the simplified arrangement; on the approved restructuring plan; on the minor arrangement.