The role of the bankruptcy trustee in debt recovery
When a company is declared bankrupt, creditors can no longer take individual action to recover what they are owed. The management of the company’s debts and assets passes to the court, which, through its bankruptcy division, issues a bankruptcy order after verifying the company’s financial position.
At this point, an insolvency practitioner is appointed, who plays a central role in the insolvency proceedings.
The duties of the bankruptcy trustee
The bankruptcy trustee is the professional appointed by the court to administer and liquidate the assets of the bankrupt company. Their main activities include:
- Verification of capital adequacy through analysis of accounting records and company documentation;
- Preparation of the statement of liabilities, distinguishing between secured claims (protected by collateral or legal guarantees) and unsecured claims (not backed by guarantees);
- Activation of debt collection procedures to increase available assets and facilitate distribution among creditors;
- Protection of the collective interests of creditors, ensuring fair and proportionate treatment based on each creditor’s position.
In practice, the administrator acts as a mediator between creditors and the bankrupt company, ensuring that every transaction is carried out in accordance with the rules and in the common interest.
Studio Benigni: legal partner in insolvency proceedings
Studio Benigni operates as a qualified partner supporting bankruptcy trustees, professionals and creditor companies throughout the various stages of insolvency proceedings.
The Firm provides assistance in verifying credits, preparing the necessary documentation and initiating recovery actions, helping to increase capital capacity and optimise the timing of the procedure.
Thanks to its experience in the field of debt collection and bankruptcy law, Studio Benigni is a strategic ally in the most complex situations, guaranteeing competence, rigour and transparency at every stage of the process.