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Copyright 2020 - Quorum Studio Legale e Tributario Associato - Credits

Prior to the homologation decree, creditors with rights or motives may not commence or continue enforcement and precautionary actions on the debtor’s assets until the homologation decree is declared enforceable

Court of Rome, 29 July 2020. Pres. Di Salvo. Est. Romano

On the subject of the composition with creditors, Article 168 of the Bankruptcy Law provides that creditors may not commence or continue enforcement and precautionary actions on the debtor’s assets until the decree which approves the composition with creditors becomes final, under penalty of nullity. With the ruling in question, the Court of Rome specified that the application for a composition with creditors will make it impossible to pursue any previous enforcement actions even if the pending enforcement proceedings relate to precautionary measures already obtained. In such cases, therefore, the assets constituting the object of the execution will lose the liquidation destination prepared with the seizure intended to be converted into attachment.

Prior to the homologation decree, creditors with rights or motives may not commence or continue enforcement and precautionary actions on the debtor’s assets until the homologation decree is declared enforceable

Court of Rome, 29 July 2020. Pres. Di Salvo. Est. Romano

On the subject of the composition with creditors, Article 168 of the Bankruptcy Law provides that creditors may not commence or continue enforcement and precautionary actions on the debtor’s assets until the decree which approves the composition with creditors becomes final, under penalty of nullity. With the ruling in question, the Court of Rome specified that the application for a composition with creditors will make it impossible to pursue any previous enforcement actions even if the pending enforcement proceedings relate to precautionary measures already obtained. In such cases, therefore, the assets constituting the object of the execution will lose the liquidation destination prepared with the seizure intended to be converted into attachment.