With judgment no. 5847/2026, the Court of Cassation returns to address a central issue in insolvency law: the clawback of bank current account payments.
The Court reaffirms a fundamental distinction between solutory payments (rimesse solutorie) and restorative payments (rimesse ripristinatorie). Solutory payments, as settlements of a liquid and enforceable debt owed to the bank, remain subject to insolvency clawback; restorative payments, which merely replenish the available funds within the agreed credit limit, are excluded.
The most significant aspect concerns the allocation of the burden of proof: it is not for the insolvency officeholder to demonstrate that the payments materially and durably reduced the debtor’s exposure. It is instead for the defendant bank to prove the absence of such reduction in order to avoid clawback.
Read the article by Cristina Biglia for Quotidiano Giuridico/Altalex.
