Prededuzione e crediti dei professionisti: le recenti pronunce della Corte di Cassazione, l’orientamento del tribunale di Milano e il nuovo codice della crisi


The joint sections of the Court of Cassation are called upon to resolve the conflict of jurisprudence that arose between recent rulings of the section before the Court of Cassation which saw two opposing orientations, the first according to which the professional's compensation can be placed in prededuction in any subsequent bankruptcy provided that the arrangement with creditors has been considered in prima facie admissible by the court and therefore open and a second orientation which believes that the placement in prededuction of the remuneration for the professional activity is due even if the arrangement with creditors is affected by original inadmissibility.
The need for clarity on the part of the General Prosecutor's Office is particularly significant also in light of the forthcoming entry into force of the business crisis code where Article 6, paragraph one, letter c, seems to resume the first orientation and exclude the second. Furthermore, it is necessary to resolve this conflict that concerns a vast dispute for professionals and in which the judges of merit follow conflicting guidelines.

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