Byron Z. Moldo
It is my pleasure to share with you several articles in this newsletter that will provide you with valuable, important, and interesting information. The articles are primarily from our European members, but there is also an article from one of our United States members.
The lead article discusses subsidiary liability of lawyers in bankruptcy cases. As an attorney who has practiced bankruptcy law for almost forty years, I know avoiding liability is always a critical and overriding concern. Regardless of where you are licensed as an attorney, avoiding liability is a topic that affects all of us. I therefore urge you to read this article.
The next article was generously contributed by Dr Claudio Ceradini and briefly discusses the new Italian bankruptcy code which became effective 15 July 2022. The new bankruptcy code will be known as the Code of the Business Crisis and Insolvency, and fully replaces the existing Italian bankruptcy law. Claudio shares a few examples of the changes in the new bankruptcy code, and there are substantial differences with the former bankruptcy code. We all will see how the new bankruptcy code is interpreted in the near future.
Leslie Berkoff of Moritt Hock & Hamroff LLP in New York has written an article that talks about the appointment of examiners under the United States Bankruptcy Code, and the controversy that has developed. The concept of an “examiner” appears to be unique to the US Bankruptcy Code, but is similar to a trustee, albeit with a more defined role. As with all the articles in this newsletter, this information is both interesting and useful.
These are merely three summaries of the articles contained in this newsletter. I am confident that you will find the remaining articles worthwhile and a resource to your individual practice. I look forward to seeing the members of our practice group at an upcoming GGI event.
Thank you.
Byron Z. MoldoGlobal Chair of the GGI Debt Collection, Restructuring & Insolvency (DCRI) Practice Group
GGI member firmErvin Cohen & Jessup LLPBeverly Hills (CA), USAT: +1 310 273 6333
Law Firm Services
Byron Z. Moldo is a Partner in the Bankruptcy and Reorganisation Department of Ervin Cohen & Jessup LLP in Beverly Hills, California. His practice areas include bankruptcy, receivership, assignments for the benefit of creditors, and all aspects of insolvency. He regularly serves as a receiver in state and federal court cases, as assignee for the benefit of creditors and as a fiduciary in other court supervised matters. He has also served as partition referee and represented partition referees in the California superior courts for more than 30 years. Contact Byron.
Ervin Cohen & Jessup LLP is a full-service firm that provides a broad range of business-related legal services including, real estate, litigation, corporate, tax, land use, employment, bankruptcy, estate planning finance, healthcare, intellectual property, and technology law.
DISCLAIMER
The information provided in this newsletter came from reliable sources and was prepared from data assumed to be correct. However, prior to making it the basis of a decision, this information must be verified. Ratings and assessments reflect the personal opinion of the respective author only. We neither accept liability for, nor are we able to guarantee, the content. This publication is for GGI internal use only and intended solely and exclusively for GGI members.
Dr Claudio CeradiniResponsible Editor & Regional Chair Europe of the GGI DCRI PG
Dr Claudio Ceradini is Senior Partner of SLT Strategy Legal Tax, working in the Business and Tax department as an auditor and a business and tax advisor. He is also an Adjunct Professor in Economics at Verona University. He has over 15 years' experience in business restructuring and M&A for both large and small companies, and has authored many articles on the above subjects which have been published in dedicated magazines. Contact Claudio.
SLT Strategy Legal Tax is a Verona-based firm that provides both legal and accounting services to a national and international clientele. The firm can count on the experience of over 40 professionals whose experience covers many areas of expertise, ranging from commercial, insolvency and banking law to criminal, family and labour law.
GGI member firmSLT Strategy Legal TaxVerona, ItalyT: +39 045 806 51 51
Auditing and Accounting, Tax, Advisory Corporate Finance, Law Firm Services, Fiduciary and Estate Planning