- Recognition of and subsequent exercise of powers by an Italian trustee in bankruptcy in England & Wales (Estate Service S.A.S Di Toniolo Lucia Catherine & C (a company in fallimento))
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: This article discusses a High Court decision which directed that the nature and scope of the powers of an Italian trustee in bankruptcy of two Italian bankrupts residing in England extended to assets located in England & Wales, but enforcement of such powers was subject to the law applicable in the jurisdiction where the assets were located. Written by Moema Rosa, solicitor, at Clarke Willmott LLP, and Stefan Ramel, barrister, at Guildhall Chambers.
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