Allowance of claims in bankruptcy subject to reservation: conditional claims and guarantor’s claim enforced after the insolvency adjudication

on Crisi e risanamento, no. 26/2018

The comment examines the case of the allowance of a claim in bankruptcy subject to reservation from the point of view of its framing within the insolvency rules and focuses on aspects relating to the allowance of conditional claims. In particular, the issue of the allowance of the guarantor’s claim, jointly and severally liable with the bankrupt, which is enforced after the insolvency adjudication, is addressed, and the different directions of case law and doctrine are illustrated.