Super-Priority Claims For Professional Services Related To Restructuring Plans And Debt Restructuring Agreements?

With two decisions (No. 1895/2018 and No. 1896/2018), both filed on 25 January 2018, the Court of Cassation reached opposite conclusions in the two different situations.

The case

The decision No. 1895/2018 was issued in the case of a lawyer who appealed against a decision of the Tribunal of Bari which, confirming the decision of the Bankruptcy Judge in the proof of debt phase, rejected the request to allow as a super-priority claim the receivable for legal services to a company which was later declared bankrupt, with respect to the drawing up of a restructuring plan according to Art. 67, para. 3, IBL.
The decision No. 1896/2018 was issued in the case of two lawyers who appealed against a decision of the Tribunal of Verona which, confirming the decision of the Bankruptcy Judge in the proof of debt phase, rejected the request to allow as a super-priority claim the receivable for legal services to a company which was later declared bankrupt, with respect to the