The conference on “Reforming the business crisis regulations” was an opportunity to present the main features of the business crisis code, highlighting the most convincing aspects of the reform and, at the same time, those parts that probably need to be changed or completely amended.
Prof. Guerrieri, in particular, has provided a general overview on debt restructuring agreements, aimed at illustrating the most significant changes these have undergone with respect to the provisions of the bankruptcy and insolvency law.
Specific focus has been given to facilitated restructuring agreements, restructuring agreements with “extended effects” and the rules that, in the event of subsequent winding-up by the court, assign to certain acts the benefit of pre-deduction, exemption from claw-back and bankruptcy claw back actions and the non-application of the rules governing bankruptcy and fraudulent bankruptcy with unfair preference.