Franco Carlo Papa (Chairman of PGS Consulenti) and Luca Sala (Partner of PGS Consulenti) examine the evident opportunism hampering the company reorganisation market, both on the part of the banks (given their role in decision-making and supporting business continuity) and entrepreneurs (especially in the approach to credit management and subsequent disclosures of difficulty). Given the need on the part of companies to adopt a clear and shared approach with all institutions, the banks are exerting asymmetric and unregulated bargaining powers, causing uncertainty as well as other issues at managerial level. A possible solution might be regulatory action aimed at fostering a fairer approach to the process of negotiation and drafting of agreements.