Commentary on Order No. 18760 of 2024: Filing Claims and Superpriority Claims

The recent intervention by the Court of Cassation, with Order No. 18760 of July 9, 2024, serves as a fundamental reference point for understanding the dynamics related to filing claims in insolvency proceedings. The decision addresses the validity of applications for filing superpriority claims and the crucial role of adhering to the deadlines set by bankruptcy law.

The Regulatory Framework and Implications of the Ruling

The Court establishes that, for the purpose of filing superpriority claims, the procedures provided for in Chapter V of the bankruptcy law, particularly Article 111-bis, must be followed. This implies that no distinction can be made between timely and late filings. This principle is based on the need to consider the temporal origin of the claim, emphasizing that a delay in submitting the application should not, in itself, prejudice the right to credit.

Filing of superpriority claims - Applicability of Chapter V of the bankruptcy law to all filings - Delay in filing the application - Presumption of fault - Existence - Reasons. For the purpose of filing superpriority claims arising during bankruptcy or extraordinary administration, the procedures of Chapter V of the same law must be observed, pursuant to Article 111-bis of the bankruptcy law, without distinction between timely and late filings, a distinction conceptually incompatible with the temporal origin of the claim's arising; therefore, for the admissibility of the consequent filing application, Article 101 of the bankruptcy law is relevant, which expresses a general principle, implementing the reasonable duration of proceedings and applicable based on the balance between the right of action and defense, according to which delay, if deemed to exist, is culpable according to an assessment entrusted to the merits judge, on a case-by-case basis and according to their prudent discretion, with reasoning that cannot be challenged in a legitimacy appeal.

Consequences of the Presumption of Fault

A crucial aspect of the ruling is the presumption of fault attributed to a creditor who files a late claim. Pursuant to Article 101 of the bankruptcy law, the delay is assessed on a case-by-case basis, entrusting the judge with the responsibility of considering whether such delay is justifiable or not. This assessment is fundamental, as the judge must provide reasons for their decisions so that the legitimacy of their evaluation cannot be challenged in a legitimacy appeal.

• The delay may lead to the exclusion of the claim from the liabilities.
• The creditor must demonstrate the reasonableness of their conduct.
• The judge has broad discretionary powers in assessing the case.

Conclusions

In summary, Order No. 18760 of 2024 represents a significant development in bankruptcy jurisprudence, clarifying the procedures for admitting superpriority claims to the liabilities and the consequences of delayed applications. Through its analysis, the Court emphasizes the need for a balance between creditors' right of action and the protection of the integrity of bankruptcy proceedings. This approach, which considers the merits of the specific case, contributes to ensuring a fairer and more just application of bankruptcy rules, highlighting the importance of proper time management by creditors.