Order No. 17879 of 2024: Appealability of Fees in Bankruptcy and Legal Aid

The recent order No. 17879 of June 28, 2024, issued by the Court of Cassation, provides a significant interpretation regarding the liquidation of fees for professionals appointed in bankruptcy, highlighting important procedural and regulatory aspects. Specifically, the case analyzed concerns an appeal filed by C. (Clemente Natale) against M. (Attorney General's Office) regarding the decree for the liquidation of fees, clearly establishing the methods of appeal.

The Principle of Appealability of Fees

The Court reiterated that the work performed by professionals on behalf of the bankruptcy is liquidated by the delegated judge with a decree that is appealable solely by means of a complaint pursuant to Article 26 of the bankruptcy law. This principle is of fundamental importance as it establishes a clear boundary for contesting fees, avoiding ambiguities in the procedures.

  • The decree for the liquidation of fees is appealable only through a complaint.
  • The delegated judge has exclusive responsibility for the liquidation.
  • The Commissions for legal aid do not have jurisdiction over the oversight of fees for bankruptcy defenders.

The Importance of Legal Aid

A crucial aspect of the ruling concerns bankruptcy admitted to legal aid. The Court clarified that, even in this context, the decree for the liquidation of fees is subject to the same appeal rules, as established by Article 144 of Presidential Decree No. 115 of 2002. This means that professionals providing assistance to a bankruptcy admitted to legal aid cannot contest the liquidation of their fees in ways other than those provided by law.

Decree for the liquidation of fees for professionals appointed in bankruptcy - Appealability - Complaint pursuant to Article 26 of the bankruptcy law - Tax proceedings - Bankruptcy admitted to legal aid - Appeal of the defender's fee liquidation - Methods - Exception - Exclusion. The work performed by professionals on behalf of the bankruptcy is liquidated by the delegated judge with a decree appealable solely through the remedy of a complaint pursuant to Article 26 of the bankruptcy law; this principle has no exceptions regarding the decree for the liquidation of fees for a defender in a bankruptcy admitted to legal aid in a tax proceeding, as inferred from Article 144 of Presidential Decree No. 115 of 2002, which assigns all oversight functions to the delegated judge, and not to the Commissions for legal aid.

Conclusions

Order No. 17879 of 2024 represents an important clarification regarding the liquidation of fees for professionals in the context of bankruptcy. It emphasizes the central role of the delegated judge and the necessity of following the procedures established by law for appeals. This not only protects the rights of professionals but also ensures greater transparency and fairness in bankruptcy operations. It is essential for legal professionals to be aware of these provisions to ensure their correct application.

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