Il Caso.it, Section. Jurisprudence, 32093 – pub. 22/10/2024
Preduction pursuant to art. 182-quinquies LF, connection to a specific insolvency procedure and circulation depending on the transfer of credit
Civil Court of Cassation, section I, 13 August 2024, n. 22772. Pres. Ferro. East. Fir.
Preduction pursuant to art. 182-quinquies l. fail. – Connection to a specific insolvency procedure – Circulation dependent on the transfer of credit – Persistence in events modifying the liability side – Exclusion – Foundation
In terms of succession between insolvency procedures, the pre-deduction provided for by art. 182-quinquies of the Bankruptcy Law. it does not project beyond the subject to whom it was recognized in the procedure itself, even if the composition plan possibly contemplates or reflects a correlation, conventional or legal, with another entrepreneur, so that it does not transit or circulate depending on the transfer of the credit to which it is connected, nor does it persist or persist in the event of events modifying the liability side of the obligation. (official maxim)
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