Gli effetti dell'apertura della liquidazione giudiziale sull’accordo di ristrutturazione dei debiti omologato

The decision deals with the issue of the effects of bankruptcy on the previously approved and unresolved debt restructuring agreement.Moving from the debated qualification of restructuring agreements, the aim is to investigate whether or not the opening of bankruptcy proceedings – nowadays, judicial liquidation – determines the automatic termination of the agreement; and whether, therefore, the creditor may file for the original amount of his claim or for the lesser amount agreed upon in the agreement.