Chapter 15 vs Italian insolvency: what a US creditor needs
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In short: when an Italian debtor is insolvent, the creditor's claim goes into the Italian proceeding, usually a liquidazione giudiziale, and Chapter 15 of the US Bankruptcy Code applies where an Italian representative seeks help in the United States. A claim is filed with a petition sent to the Italian receiver at least thirty days before the hearing. Veryfy shows protests and insolvency proceedings on Italian companies from €5.90.
Part of the guide Vetting an Italian company or counterparty: a guide for US businesses.
Chapter 15 in one paragraph
11 U.S.C. § 1501 states that Chapter 15 incorporates the UNCITRAL Model Law on Cross-Border Insolvency and applies where assistance is sought in the United States by a foreign court or a foreign representative in connection with a foreign proceeding (LII: 11 U.S. Code § 1501). Under § 1517, a foreign proceeding is recognized as a foreign main proceeding if it is pending in the country where the debtor has the center of its main interests, and as a nonmain proceeding if the debtor has an establishment there (LII: 11 U.S. Code § 1517). Whether a particular Italian procedure qualifies is for a US court, and is not assessed here.
The Italian procedure
- D.Lgs. 14/2019, art. 2, defines insolvenza as the debtor's state in which external facts show it is no longer able to meet its obligations regularly (Normattiva: D.Lgs. 14/2019, art. 2).
- Art. 121 applies the liquidazione giudiziale to commercial entrepreneurs that are insolvent and do not show the joint requirements of art. 2(1)(d) (Normattiva: D.Lgs. 14/2019, art. 121).
- Art. 201: a claim is a petition with the creditor's details, the amount, a short statement of facts and law, any preference, and a certified email address; it is sent to the receiver's certified email address at least thirty days before the hearing, with supporting documents (Normattiva: D.Lgs. 14/2019, art. 201).
Practical steps
Watch for the notice sent to creditors, assemble invoices, contracts and delivery proof, and use an Italian lawyer for the filing. Before the next sale, check protests and procedures: Negatività (€5.90) or Verifica (€19). Prices are one-off and in euros.
Every company product comes with a free Check anti-truffa (anti-scam check): it looks at the VAT number in the EU VIES register, free webmail or disposable email, domain age, domains flagged for malware or phishing, SPF and DMARC protection, the VAT number shown on the website, data breaches affecting the site, and whether the IBAN is correctly written and from a country consistent with the company.
The service and the report are in Italian, built from Italian official sources: company names, offices and procedures keep their original Italian wording. Veryfy does not offer a translated report.
Frequently asked questions
Do I file in a US court if my Italian customer is insolvent?
Chapter 15 of the Bankruptcy Code deals with assistance sought in the US by a foreign court or representative. Under art. 201 of D.Lgs. 14/2019, a claim in an Italian liquidazione giudiziale is filed in the Italian proceeding itself.
How does a creditor claim in a liquidazione giudiziale?
Under art. 201 of D.Lgs. 14/2019, claims are filed by a petition sent to the receiver's certified email address at least thirty days before the hearing on the list of liabilities.
How can I see whether an Italian company has insolvency proceedings?
Veryfy's Negatività product (€5.90) shows protests and insolvency proceedings; Verifica (€19) includes them. The report is in Italian.
More in this cluster
Hub: Vetting an Italian company or counterparty: a guide for US businesses. Related guides:
- EIN vs partita IVA: vetting an Italian supplier
- BEC and wire fraud with an Italian counterparty
- Beneficial ownership of an Italian S.r.l. for US KYC
- US judgments in Italy and serving documents there
- Acquiring an Italian SME: due diligence and golden power
- Italian property and heirs: checks for US owners
- Italian company report glossary for US readers
- Italian company credit report: what a US buyer gets
- Italian VAT number lookup: how to check a partita IVA
- Collecting an unpaid invoice from an Italian customer
- Paying an Italian supplier: name-to-IBAN checks before you wire
- OFAC screening of an Italian company's owners
- Monitoring an Italian customer: ongoing due diligence
- Buying property in Italy from the US: check the seller and title
- Inheriting property in Italy: succession filing for US heirs
All guides: Guides.
Sources
Official sources opened and read on October 24, 2026 (2026-10-24).
- LII: 11 U.S. Code § 1501
- LII: 11 U.S. Code § 1517
- Normattiva: D.Lgs. 14/2019, art. 2
- Normattiva: D.Lgs. 14/2019, art. 121
- Normattiva: D.Lgs. 14/2019, art. 201
General information, not legal advice. Sources verified on 2026-10-24.
Frequently asked questions
Do I file in a US court if my Italian customer is insolvent?
Chapter 15 of the Bankruptcy Code deals with assistance sought in the US by a foreign court or representative. Under art. 201 of D.Lgs. 14/2019, a claim in an Italian liquidazione giudiziale is filed in the Italian proceeding itself.
How does a creditor claim in a liquidazione giudiziale?
Under art. 201 of D.Lgs. 14/2019, claims are filed by a petition sent to the receiver's certified email address at least thirty days before the hearing on the list of liabilities.
How can I see whether an Italian company has insolvency proceedings?
Veryfy's Negatività product (€5.90) shows protests and insolvency proceedings; Verifica (€19) includes them. The report is in Italian.
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