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Evaluation of the company in liquidation’s insolvency: Italian Court of Cassation Court n. 24948/2019
- 22/10/2019
The Court of Cassation gave a recent statement about the assessment of the insolvency status of a company in liquidation. With order n. 24948 of 7 October 2019, the Court ruled that, for the purposes of the applicability of the Art. 5 Bankruptcy Act (R.D. 267/1942), the judge must limit himself to ascertaining “if the active elements of the corporate assets allow to guarantee the equal and full satisfaction of the social creditors - he must take into account also the concrete possibilities of realization and the relative timing”.
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