LAWN - The crisis of Sasch, the company that makes reference to the mayor's center-Prato, Roberto place, with its one hundred and seventy million euro of debt is coming to an end. Maybe it will end with the agreed or perhaps close with failure. Two things seem certain, however, having regard to the disproportionate amount of debt accumulated in recent years by: 1) on one side shines the inability of farmers driving, 2) the responsibility of the other shows at least one or more banks that have made a reckless lending to the Sasch. The company is in a liquidity crisis for several years and then the banks, especially those most exposed to the group today, they could not know. Indeed, the accusation that the court could move them, would be that the granting of credit abuse. An unwary funding that, if recognized, could also recognize the fraud on the part of those who decided to finance hedging this with mortgages on capital goods company, but knowing that the same Sasch could never return to the other small creditors. A crisis that is penalizing then driven mainly small artisans and entrepreneurs who have worked with Sasch and not collected. If the authorization of Prato open a criminal file on this matter is very likely that in addition to the family place can be called to account even some big bank.
In this regard, I suggest reading a part of the book by Valentina Piccinini entitled "The relationship between banks and customers. Asymmetry and abusive conduct."
The responsibility of the bank to grant credit abuse occurs when the bank, in violation of the rules governing the activities of credit and that require sistituti credit to implement a sound and prudent management and therefore especially careful evaluation meritevolezza the subject of credit granted, extended credit or credit continues to donate to a person not deserving because they are already insolvent or potentially insolvent.
This conduct of the bank causes a delay in the declaration of bankruptcy or and undue prolongation of the presence of a subject decoction on the market with consequent damage that occurs simultaneously in based on these two subjects. On the one hand the creditors affected by an undue increase in the liabilities of the state and that affected their freedom of contract because of the apparent solvency engendered dall'incauto financing, persist in reporting requirements or conclude contracts with a person in reality everything else that solvent. On the other hand, the conduct of the bank also causes damage to the company itself, which has repeatedly received credit as the amount of debt increases proportionally and gradually due to the continued funding received and for which the refund is not able to honor.
conduct by abusive lending occurs therefore characterized by a kind plurioffensiva Giacchè is detrimental both to the creditors of the company that financed it.
The bank, by contrast, acts in the knowledge to take no risk, but rather, acting with full knowledge of the case because his conduct is mostly aimed at achieving, in mometno which gives it credit, real or personal guarantees from individual borrower or a third party. The guarantees obtained in this way to the bank to be able to provide equally or even more satisfying, make loans outside of the competition with other creditors, as well as prevent them the opportunity to pursue revocation actions to protect of their rights ...
Faced imminent and inevitable bankruptcy, the bank instead to abstain and refuse to grant credit, as is its duty, knowingly gives him the right order to reduce the harm they would suffer if it is opened fouled. For example, the bank, the lending pushes back the date of declaration of bankruptcy. In this way it can move forward in the so-called suspect period, managing to consolidate dispositions that would otherwise be revoked. In essence, the bank misuse their power to extend credit to a person who does not deserve the credit.
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