News
The United Sections intervene on the relationship between the denial of the approval of “Concordato preventivo” and the appeal judgment of filing for bankruptcy.
- 18/04/2017
The Supreme Court is confident in assuming that the slope of an application for “Concordato preventivo” while temporarily preventing the declaration of bankruptcy, in any case does not make improcedibile the pre-bankruptcy proceedings or it to be suspended.
Therefore, in case of rejection of the said application, although there is still no definitive, given the possibility of the claim, it is pronounceable immediately filing for bankruptcy, also pending the appeal brought against the denial of “Concordato preventivo”.
In fact, the Supreme Court, United Sections, judgment no. 9146/2017 of 10 April 2017, explained that the unexpected declaration of bankruptcy involves the inadmissibility or otherwise admissibility of appeals independently be proposed against the denial of “Concordato preventivo”, which must therefore be relied upon in an appeal of the decision declaring the banckruptcy.
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