Business Crisis Management

RAG. ROBERTO REGGI – Associate

 

DOTT. ANDREA SPOLLERO - Associate

 

AVV. FRANCESCO MAGRINI – Associate

 

Following the recent evolution of rules about insolvency (s.c. Codice della Crisi d’Impresa e dell’Insolvenza, replacing, after 77 years, the Bankruptcy Law), the business crisis management is living a new phase, aiming at facing and preventing the default.

The principles guiding the legislator in the drafting of the new law are aimed at the prompt prevention of the business crisis, knowing that the 2005-2007 reform did not influence the main reason for the new procedures' failure, represented by the delay in facing the crisis.

Restructuring agreements and Certified Plans of restoration are still the strongholds among the solutions to overcome the crisis. Arrangements with creditors are reducing their appeal as instruments for the company liquidation and the function of means for the relaunching of activities is privileged.

 

A particular emphasis is being given to the disvalue of the term “bankruptcy” which has been replaced by the phrase “judicial liquidation” to signify a change of behavior to be adopted in socio-economic culture. However, it represents a small change in terms of management and effects of this procedure. 

Studio BRC Associati benefits from the 20 years of experience gained by one of its founding partners as bankruptcy trustee by Udine Court and from the activity performed by the team in the recent period of negative conjuncture, whose effects have not ended so far.

The deep knowledge of the subject, the scientific deepening, the constant updating and, most of all, the multi-disciplinary interaction among the different Areas of Studio BRC Associati allow the offer of qualified assistance referred to:

  • economic-asset-financial analysis of the company and identification of the nature and level of severity of the crisis;
  • identification of the possibilities to overcome the crisis;
  • research of new financial resources;
  • management of relationships with employees;
  • preparation of turnaround or liquidation projects;
  • drafting of applications for the admission to arrangements with creditors, plans of debt restoration and certified plans of restoration.

Management of out-of-court settlements.