Realization of the creditor’s claims against an Italian contractor undergoing bankruptcy proceedings

The client was implementing a major investment project for modernization of existing production facilities and construction of new ones.

Part of the technological equipment was to be supplied by an Italian company, which failed to fulfill its contractual obligations and entered bankruptcy proceedings in Italy. Therewith, in order to escape responsibility, the debtor resorted to building such an algorithm of contractual relations with its counterparties, which was supposed to create legal uncertainty and ensure the impossibility of realizing claims against the debtor.

In cooperation with Italian lawyers, we developed a strategy allowing to realize property claims against the bankrupt.