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Entrepreneurs who have filed for bankruptcy or who have been admitted to the composition with creditors’ procedure retain their ability to stand trial

Civil Supreme Court, United Section, 28 May 2020, Ruling no. 10080 – Pres. Travaglino, Rel. Cosentino

date: 16.06.2020
Area: Litigation and Arbitration

According to the ruling of the United Sections of the Supreme Court, the entrepreneur who has filed for bankruptcy or an application for admission to the composition with creditors retains his capacity to stand trial, as does the entrepreneur who has been admitted to the composition with creditors’ procedure. It follows, therefore, that failure by the Court to authorise the filing of the application by an entrepreneur who has applied for admission to the composition with creditors does not affect the admissibility of the application.

Entrepreneurs who have filed for bankruptcy or who have been admitted to the composition with creditors’ procedure retain their ability to stand trial

Civil Supreme Court, United Section, 28 May 2020, Ruling no. 10080 – Pres. Travaglino, Rel. Cosentino

date: 16.06.2020
Area: Litigation and Arbitration

According to the ruling of the United Sections of the Supreme Court, the entrepreneur who has filed for bankruptcy or an application for admission to the composition with creditors retains his capacity to stand trial, as does the entrepreneur who has been admitted to the composition with creditors’ procedure. It follows, therefore, that failure by the Court to authorise the filing of the application by an entrepreneur who has applied for admission to the composition with creditors does not affect the admissibility of the application.