LE “CESSIONI” IN FUNZIONE DELLA CHIUSURA ANTICIPATA DELLA PROCEDURA FALLIMENTARE

The contribution aims to verify the operation of legislation on supplies for the most quickly closure of bankruptcy proceedings, examining if is fit, for its structural features, as redefined by the legislator to the reform decree 5/2006, to satisfy the “reasonable duration” of the process. Is analyzed, in particolar, the scope of application of the article 106 l.f. and its pratical implications, thesis to a balance between the public interest, in a speedy closing of the bankruptcy proceedings, and the private interest to the liquidation of the bankrupt estate. It deals the cases in which the closure of the bankruptcy proceedings, in the procedure of full bankrupcy asset distribution, it is not prevented by the slope of ratings, with respect to which the trustee in bankruptcy may maintain the procedural legitimation, also in the following states and degrees of judgment pursuant (art. 43 l.f. - Art. 118, paragraph 1, no. 3, and art. 118, paragraph 2 l.f.), offering directions in order to the type of litigation “pending” in the presence of which the trustee in bankruptcy has the obligation to terminate the procedure bankruptcy.