News

 

Pre-deductible credits arising on the basis of the arrangement with creditors and conditions for the recognition of the pre-deductibility in the subsequent bankruptcy

  • 10/01/2022

The Court of Cassation with Sentence no. 42093 of 31th December 2021, in the matter of bankruptcy and insolvency proceedings, affirmed the following principle of law: “The credit of the professional appointed by the debtor to provide technical assistance for accessing the arrangement with creditors is considered to be predeductible, even in the subsequent and consecutive bankruptcy, if the relative performance has been functional (pursuant to Article 111 paragraph 2 of the Bankruptcy Law - pre-deductible credits), for the purposes of the first procedure; contributing to the conservation or increase of the company's corporate values”.

NEWS

 
Click to view our video