Filing a claim in bankruptcy interrupts the statute of limitations even against the guarantor – Cassinelli wins on behalf of an SPV

“The submission of a claim for admission in bankruptcy proceedings, equivalent to a judicial claim, results, pursuant to Article 2945, paragraph 2 of the Italian Civil Code, in the interruption of the statute of limitations for the credit, with lasting effects until the closure of the insolvency procedure, even against the guarantor of the bankrupt party, under Article 1310, paragraph 1 of the Civil Code.“

This is the principle established in the ruling dated April 17, 2024, issued by the Court of Oristano, which, accepting the arguments presented by the securitization company successfully represented by Cassinelli Studio Legale, confirmed the liability of the guarantor of a bankrupt company who claimed to have been released from the debt due to the alleged expiration of the statute of limitations.

The defense was led by Nicola Cassinelli and Vittorio Bertorello.