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The International Comparative Legal Guide to: Corporate Recovery & Insolvency 2012

June 2012

Date Certain Requirements in Insolvency Scenarios: An Italian Peculiarity Chapter - Corporate Recovery & Insolvency 2012.

The article gives an overview on a very Italian topic i.e. "date certain" (data certa), under which creditors filing proof of debt in bankruptcy or defending against a claw-back action must provide documentary evidence of their claims/defences that bears a date certain prior to the declaration of bankruptcy.

The item is directed towards an international audience and in this view provides practical tips to foreign companies that are involved in Italian bankruptcy proceedings.

The article also dedicates a final paragraph to comparative law arguments explaining if and how the Italian situation differs from other significant jurisdictions, namely the U.S., the U.K., Germany and France.


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