il Fallimento attore

English translation: Bankruptcy petitioner

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

Italian term or phrase:	il Fallimento attore
English translation:	Bankruptcy petitioner
Entered by:	Rosanna Palermo

05:46 Nov 18, 2020

Italian to English translations [PRO]
Law/Patents - Law (general) / Insolvency matters

Italian term or phrase: il Fallimento attore

I have several defence statements to translate all relating to a company which went bankrupt and which was appointed both a Trustee in Bankruptcy (curatore fallimentare) and an Official Reciever (fallimento). What is confusing is that the same person held both of these roles. Now, the bankrupt company is obviously referred to in the defence statements as "Il Fallimento X", represented by "name of person", the "Trustee in Bankruptcy" and later, the "Receiver". What I am getting confused over is when a defence statement states "il fallimento attore" - is this to be translated as the "claimant Receiver" or the "claimant Trustee in Bankruptcy"? And maybe the answer to my question lies in my being able to determine the exact dates that this person acted as Trustee and as Receiver from the remaining documents. If anyone is an insolvency practitioner and can help, please reply! Thank you so much in advance. Here is the phrase which makes me think that throughout, "il fallimento" or "il fallimento attore" or "Il Fallimento X (name of company)" should be translated as "Trustee in Bankrupcty":

"Se ne conclude che, nel dicembre 1999, il danno, che il fallimento attore sostiene essere riconducibile all’operato di tutti i convenuti, era già evidente e percepibile dai creditori e dallo stesso Curatore, all’epoca Commissario nominato nella procedura di concordato preventivo."

Ella Connolly KudoZ activity Questions: 1 (none open) Answers: 0 Italy
Local time: 02:19

Bankruptcy petitioner

Explanation:
Attore del fallimento, means the person/entity who filed the bankruptcy petition with the Court.

"...which the bankruptcy petitioner"

5 Common Types of Adversary Proceedings in Bankruptcy ...www.daveburnslaw.com › bankruptcy › 2019/08/01
Aug 1, 2019 — In most cases, the process consists of the bankruptcy petitioner presenting documentation and information to a bankruptcy trustee through a ...
The Problem With Preferential Transfers in Bankruptcywww.hopelawfirm.com › blog › november › the-probl...

Nov 26, 2019 — ... creditors may not start a legal action to collect on any debts the bankruptcy petitioner owes them until bankruptcy proceedings are complete.

Selected response from:

Rosanna Palermo
Local time: 20:19

Grading comment

4 KudoZ points were awarded for this answer

Summary of answers provided

Bankruptcy "XYZ" acting as a Plaintiff (US)/Applicant (EU)/Claimant (UK)

Marco Giani

Bankruptcy petitioner

Rosanna Palermo

UK: Insolvency Scheme vs. Admin. Petitioner

Adrian MM.

Answers

5 hrs confidence:

UK: Insolvency Scheme vs. Admin. Petitioner

Explanation:
Hi, Ella - Conas tá tú ?

New poster often means 'check the KudoZ glossaries first' - pls. see the weblinked answer of Bankruptcy Petitioner.

As a 'semi-insolvency practitioner' - accountants to come in here, I would make the following points on the E&W Solicitors' Finals syllabus that - like Bar Finals & vs. postgrad degree options or 'electives' - does not deal very well with the subject:

1. receiver is for a receivership of individuals & corps. - the receiver, literally receiving income & rents - may also double as receiver & special manager to manage, so run the company that - as opposed to a liquidation - may *survive and continue trading*.

2. Trustee-in-bankruptcy : curator in Scots law > is routinely used in the UK for private indviduals > in Scotland, called 'sequestration > and in London Chancery practice is called a 'Scheme Trustee' cf. IVA an individual voluntary arrangement / Personal deed of Arrangement, and allied to which point:

3. and as opposed to the US e.g. with Chapter 11 etc. bankruptcies, cos. in the UK idiomatically or journalistically go 'bust' or bankrupt, but legalistically are 'wound up on the ground of insolvency' cf. CVA: a company voluntary arrangement / Corporate Scheme of Arrangement of old.

4. Contradictory it may sound, but the *Bankruptcy* Court of the Royal Courts of Justice on the Strand in London hears company winding-up petitions, often handled by fledgling Barristers.

5. The receiver, / sindico? liquidator or *Insolvency Adminsitrator* may indeed sue as a Petitioner so an Applicant or 'Supplicant' : Scots > Pursuer: on behalf of the company 'in liqudation', for instance for debt collection or to be relieved of onerous leases.

All clear?'- it shouldn't be.. 'I am better acquainted with the Spanish equivalents - like suspension of payments / vol. receivership ...'

Example sentence(s):

IATE: it fallimento aziendale COM fallimento delle imprese COM en business failure COM

Reference: http://www.proz.com/kudoz/italian-to-english/law-general/153...
Reference: http://www.proz.com/kudoz/italian-to-english/law-general/153...

Adrian MM.
Austria
Specializes in field
Native speaker of:

English
PRO pts in category: 342

Notes to answerer

Asker: Thank you for your explanations, I think either "Claimant" or "Bankruptcy Petitioner" is the correct way to to. Will endeavour to search the databases before posting in future but something did prompt me to need to request a more detailed answer than that already existing.

8 hrs confidence:

Bankruptcy "XYZ" acting as a Plaintiff (US)/Applicant (EU)/Claimant (UK)

Explanation:
The term "Fallimento attore" appears very often in an action in the context of insolvency to set a transaction aside (in italian "Azione revocatoria"). The above translation is more tilted towards the source language (italian) while, for example in the U.S. (see below link), you could simply translate with "Plaintiff". Applicant is used in the EU context, while Claimant in the UK.

Example sentence(s):

il Tribunale, definitivamente pronunciando, in accoglimento della domanda avanzata dal fallimento attore, dichiara inefficace i pagamenti per complessive lire
WHEREFORE, for the foregoing reasons, Plaintiff respectfully requests that this Court enter judgment against Defendant: avoiding All Avoidable Transfers pursuant to 11 U.S.C

Reference: http://www.ilfallimento.it/giurisprudenza/95.htm
Reference: http://www.kccllc.net/kodak/document/12102021403030000000000...

Marco Giani
Italy
Local time: 02:19
Specializes in field
Native speaker of:

Italian
PRO pts in category: 12

Notes to answerer

Asker: Thank you. Before the replies on this post I had ended up translating it as the "bankrupt claimant" (so essentially the same as "claimant" as you suggest) but I think "bankruptcy petitioner" is better.

3 days 17 hrs confidence:

Bankruptcy petitioner

Rosanna Palermo
Local time: 20:19
Works in field
Native speaker of:

Italian,

English
PRO pts in category: 256
1 corroborated select project
in this pair and field

Notes to answerer

Asker: bankruptcy petitioner was my original thinking before becoming confused due to my own lack of knowledge on the subject! thank you.

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il Fallimento attore

English translation: Bankruptcy petitioner

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