Those who show that they have possessed in the three years prior to the bankruptcy petition, all three of the above requirements, although business entrepreneur, will not be declared bankruptThe standard purposefully leaves a wide margin of discretion to the judge: the topic is developed an abundant jurisprudence. The Legislative Decree number of has then established that, for the purposes of the declaration of bankruptcy, the amount of debts due and outstanding payments can not be less than thirty thousand euro.
Having ascertained the existence of the assumptions listed above, the court declares the bankruptcy of the entrepreneur.
From this are descended the numerous consequences that can be divided into The entrepreneur loses the availability and administration of all of the rights of its ownership: one speaks in this connection of. The divestment also applies to goods acquired in the course of bankruptcy proceedings. Are not acquired in the proceeding, the goods of a strictly personal nature the acts carried out by the contractor subsequent to the declaration of bankruptcy does not have efficacy against the creditors. In the same way they do not have efficacy in the eyes of the creditors, all payments to be made in favour of the bankrupt after declaration of bankruptcy. with reference to the relationships that are the subject of bankruptcy Instead, you will be entitled to stay in the process, the bankruptcy trustee, with the authorisation of the delegated judge.
