News
Esdebitazione” can be granted even if only some of the creditors have been satisfied
- 01/05/2018
Pursuant to article 142 of the Italian Bankruptcy Law, a natural person who has gone bankrupt can obtain, at the time of the closure of the insolvency procedure or within the following year, the cancellation of his remaining debts towards unsatisfied bankruptcy creditors (so-called “esdebitazione”).
The Court of Cassation, with Order no. 7550 of 27th March 2018, has explained that “esdebitazione” is granted provided that the requirements set forth in article 142, paragraph 1, of the Bankruptcy Law, are met, and provided that the bankruptcy creditors have been at least partially satisfied.
With reference to the last point, the Court of Cassation has stated that the requirement of the partial payment of bankruptcy creditors is met even if some of them, for example unsecured creditors, have not been paid at all.
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