Portal for bankruptcy sales: news
The introduction of the Portal arises from the heartfelt need, often represented by professionals and sector operators, for greater organicity in the acquisition of the necessary data, and therefore, “to acquire information relating to all judicial sales by accessing a single web area managed by the Ministry of Justice, thus overcoming the current fragmentation, due to the fact that each individual court publishes sales notices on a site identified independently and not communicating with the sites of the other offices “.
And, basically, it results in the identification of a mere “container” where at least basic information can be accessed, allowing
to any interested party to be certain of identifying all the properties subject to the compulsory procedure .
On the sidelines of the mandatory entry in the Portal there is, as mentioned, the further need for publication on the internet sites given, with regard to the choice of the operator, to the free discretion of the competent Court.
As for the application methods, referring to the numerous vademecum fielded by the various site managers, we foresee, in the art. 161-quater disp. att. cpc, containing the procedures for publication on the public sales portal, the following provisions: 1. publication on the public sales portal must be carried out by the authorized professional or, failing that, by the distraining creditor or the creditor who intervened with an enforceable title; 2. the same must be performed in compliance with the technical specifications published, definitively, on 10 January 2018; 3. it is an absolute condition of admissibility the advance payment of the contribution for the publication, foreseen by art. 18-bis of the Presidential Decree of 30 May 2002, n. 115 in the amount of € 100.00 for each lot put up for sale.
The plan to share the amounts in bankruptcy
Structured in the form of questions and answers, this practical file is a valid support for the immediate solution to the main critical issues in the procedure of allocation of sums in bankruptcy, a phase that represents the moment …
Liberation of the building: how is it implemented?
If it is envisaged that the release of the building in execution may be ordered pursuant to a particular article at the time of sale, a fortiori this provision must be considered applicable to the assets of the bankrupt course naturally oriented to liquidation in the short term; in such a way that no impediment to the release of the release order can be identified even in advance with respect to the sale and award. However, it is necessary to integrate these considerations with the provision of art. 47, paragraph 2, l. fall., which allows the bankrupt to continue to live in his own house “until the liquidation of the assets”, without, indeed, reaching different conclusions.
The dating orientation that allowed the bankrupt to live in the building until the transfer decree was issued originated from the old system of forced expropriation, when the release order was contained exclusively in the transfer decree pursuant to art. 586 cpc. With the reform of the executive process the system has changed and, from an acceleratory point of view, the debtor is required to vacate the property at the latest at the time of the award, so that there is no current provision that he can legitimately justify a discipline more favorable to the bankrupt than that reserved to the enforced debtor.