Stefania Pacci

Stefania Pacchi – Università degli studi di Siena. Italy

Full Professor of Commercial Law at the University of Siena (Unisi). Director of the High Training Course in bankruptcy law. Member of the Doctorate College in Institutions and Economics Law. Already Director of DGIUR; Chairman of the Commission for the Albo of financial promoters. Founding Partner Emerito and President of the Ibero-American Institute of Bankruptcy Law. In 2008 selected by INDECOPI (Lima) and by the World Bank for a training event on bankruptcy law. Teacher of the Master in bankruptcy law of La Sapienza, of the Specialization Course of the Università Javeriana di Cali (Colombia) and of the Master of the University San Pablo CEU-Madrid. Corresponding Foreign Member of the Instituto de la Empresa of the Law Academy of Cordoba (Arg.) And of the Colombian Academy of Jurisprudence. Founder and President of the Associazione per gli Studi Concorsuali della Toscana. Author of more than 90 publications in Italy and abroad. Exhibitor in Congresses in Italy and in Argentina, Colombia, Mexico, Peru, Spain, Chile, Uruguay, Puertorico and Venezuela.

Research stay at UC3M: DEPARTMENT OF PRIVATE LAW

Project:

On June 6, 2019 the European Council formally adopted the directive on preventive restructuring frameworks, on discharge of debt and disqualifications, on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (the “EU Restructuring Directive”). This Directive is the object of the investigation.

The survey proposes a comparison between some current European legislation and the principles of the Directive in view of the required harmonization.

Faced with the failure of all bankruptcy instruments, it is necessary to investigate in detail the alert measures and pre-bankruptcy procedures through the intervention of facilitators.

The project is focused on three aspects that highlight the need to introduce instruments to advance access to a procedure:

a) business continuity

b) the satisfaction of the creditors

c) the reflection on the credits of the Banks.