Predeductible credit arising under the validity of law 575/1965. Deed of settlement.

31 Dec 2021 - Uncategorized

As a result of commercial relationships, a supplier becomes a creditor of large receivables arising from a company drawn from an anti-mafia measure and administered by a judicial administrator.

It notifies an injunction to the debtor who, together with the judicial administrator, proposes a summons in opposition.

The opposition is rejected and the injunction is therefore confirmed.

The judge among other things states “in no case under the judge, since a preventive measure was imposed before the entry into force of the Anti-Mafia Code and since it was a claim made against the judicial administration for a debt of the latter's own…”.

For creditors who became such under the validity of law 575/1965 and on the other hand not equipped with any real guarantee and/or promoters of real estate foreclosures the legislator does not provide for any form of credit protection even though it arose in perfect good faith.

Foreclosure actions were proposed to third parties but in the end the credit was recovered thanks to the common sense and correctness of the (new) judicial administrator with whom a settlement was reached.


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