Sull’accesso del debitore incapiente alla liquidazione controllata del sovraindebitato: soluzioni giurisprudenziali contrastanti

The Court of Appeal of Milan and the Court of Palermo facing two requests for access to the controlled liquidation of the over-indebted presented by debtors unable to offer any useful asset to creditors responded with opposite pronouncements. The discrepancy is based on the different way of understanding the purpose of the procedure and some of the provisions governing it. The two rulings are therefore an opportunity to investigate the prerequisites for the opening of the liquidation provided for in Art. 268 et seq. CCII, its purposes and the possibility for the incapacitated debtor to obtain a so-called fresh start.