Dismissal of the appeal against the establishment of the schedule of collocation and the distribution table in bankruptcy proceedings

Facts

In the bankruptcy of a company of which they were the administrators, C. and others filed a complaint on the same day against both the inventory, the schedule of collocation and the distribution table, arguing in particular that the bankruptcy office had not proceeded to the interrogation of the organs of the bankrupt company (Art. 244 DEBA). Dismissed, they appealed to the Federal Tribunal in order to have it admitted that the provision of Art. 244 DEBA prescribing the consultation of the bankrupt on each production is a rule of public order, namely a mandatory rule whose violation would be subject to absolute nullity that can be ascertained at any time.

Considerations

The Federal Tribunal dismissed the appeal. It confirmed that Art. 244 DEBA is not considered a rule of public order, the violation of which would result in absolute nullity that can be ascertained at any time. Although the opinion of some authors, such…