La collaborazione di banche e cessionari dei crediti nella gestione negoziale della crisi d'impresa

The article examines the role of banks and credit servicers in corporate restructuring processes, considering recent legislative and case law developments. It explores how prudential regulation affects the conduct of professional creditors, reshaping their duties of cooperation, good faith and transparency when negotiating with distressed entrepreneurs. Particular focus is given to the Secondary Market Directive (Directive (EU) 2021/2167) and Legislative Decree No. 136 of 13 September 2024, which amends the Italian Insolvency Code. The amendments clarify the classification of credits during negotiated settlements, prohibit the suspension or withdrawal of credit lines and introduce liability exemptions for ongoing relationships. The analysis reveals how this evolving framework seeks to enhance creditor accountability and encourage collaborative behaviour that promotes successful restructurings, all the while upholding prudential requirements.