Glossary entry (derived from question below)
Italian term or phrase:
il Fallimento attore
English translation:
Bankruptcy petitioner
Added to glossary by
Rosanna Palermo
Nov 18, 2020 05:46
3 yrs ago
30 viewers *
Italian term
Italy
Italian to English legal translations
Native in: English
Works in: Italian to English, English to Italian
il Fallimento attore
Italian to English
Law/Patents
Law (general)
Insolvency matters
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."
"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."
Proposed translations
(English)
| 4 | Bankruptcy petitioner |
Rosanna Palermo
|
| 4 | Bankruptcy "XYZ" acting as a Plaintiff (US)/Applicant (EU)/Claimant (UK) |
Marco Giani
|
| 3 | UK: Insolvency Scheme vs. Admin. Petitioner |
Adrian MM.
|
Change log
Nov 23, 2020 11:00: Rosanna Palermo Created KOG entry
Proposed translations
3 days 17 hrs
Rosanna Palermo
Native in Italian
&
English
Works in field
Accuracy matters - La precisione conta
Native in: Italian 
, English (Variant: US)
Works in: Italian to English
Related KudoZ points
:
256
Selected
Bankruptcy petitioner
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.
"...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.
Note from asker:
| bankruptcy petitioner was my original thinking before becoming confused due to my own lack of knowledge on the subject! thank you. |
4 KudoZ points awarded for this answer.
5 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish)
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
342
UK: Insolvency Scheme vs. Admin. Petitioner
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 ...'
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:
IATE: it fallimento aziendale COM fallimento delle imprese COM en business failure COM
Reference:
http://www.proz.com/kudoz/italian-to-english/law-general/1532006-fallimento-attore.html
http://www.proz.com/kudoz/italian-to-english/law-general/1535172-il-fallimento-xxxx.html
Note from 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
Marco Giani
Italy
Italy
Native in Italian
Specializes in field
Italy
Specialised in Sport, Finance & Legal
Native in: Italian 
Works in: English to Italian, French to Italian, Italian to English
Related KudoZ points
:
12
Bankruptcy "XYZ" acting as a Plaintiff (US)/Applicant (EU)/Claimant (UK)
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:
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
http://www.kccllc.net/kodak/document/1210202140303000000000002
Note from 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. |
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