Lodging a Claim in the Insolvency of a Condominium Owner

When the defaulting owner is an entrepreneur subject to judicial liquidation, the procedure that replaced the old bankruptcy under the Italian Code of Business Crisis and Insolvency, the condominium can no longer pursue individual enforcement: it must assert its claim by lodging it among the liabilities, that is by filing an admission application with the liquidator. This is how the claim for condominium contributions enters the concurrence with other creditors and takes part in the distribution of assets according to the order of causes of preference.

Why individual enforcement is no longer possible

The opening of judicial liquidation triggers a ban on individual enforcement actions against the debtor's assets. Any foreclosure already started cannot continue and the claim must be channeled into the insolvency proceedings. For the condominium this means that the payment order or the allocation resolution alone are no longer enough to collect: they must be turned into an admission application, documented and timely, in order to take part in the distribution.

The application to be admitted to liabilities

The application is filed with the liquidator in the forms set out by the Code of Crisis, stating the creditor's details, the sum requested, the title and any cause of preference. The condominium must attach the documentation founding the claim: the approved allocation statements, the payment notices, the payment order if obtained, and the unit's account statement detailing the unpaid charges. A well-documented application reduces the risk of challenges by the liquidator when verifying the schedule of liabilities.

• Details of the creditor condominium and references of the manager.
• Amount of the claim for contributions, interest and costs.
• Title of the claim: approved allocation statements and payment order if any.
• Indication of any cause of preference and the period the charges relate to.
• Account statement of the unit detailing the unpaid installments.

Deadlines and verification of the liabilities schedule

The application must be filed by the deadline set for the verification hearing; a late application is also allowed, with the limitations provided by law. The liquidator examines the applications and forms the draft schedule of liabilities, which the delegated judge renders enforceable. If the claim is excluded or admitted in reduced measure, the condominium may file opposition within the terms. Meeting deadlines is crucial: an application filed out of time risks a worse position than other creditors.

The nature of the condominium claim in the concurrence

The claim for condominium contributions generally competes as an unsecured claim, that is without a special privilege giving it preference over others, subject to assessment of the specific case. This affects recovery prospects: in the distribution of assets, preferred and mortgage creditors are satisfied first, and unsecured creditors get the residual part. The actual extent of recovery therefore depends on the sufficiency of the estate and on the number and rank of the other creditors.

Condominium charges after the opening of the procedure

It is necessary to distinguish charges accrued before the opening of liquidation, which must be lodged among liabilities, from later ones relating to the unit, which follow a different regime depending on whether the property remains in the estate or is liquidated. The manager must continue to issue payment notices for current charges and coordinate with the liquidator, who manages the assets included in the procedure. Clarity on the periods charges relate to avoids confusion between the insolvency claim and the claim against the estate.

Practical advice for the manager

As soon as the manager learns of the opening of the procedure, they must act promptly: find the liquidator's references, reconstruct the unit's debt position, gather documentation and instruct the lawyer to prepare the admission application. It is useful to monitor the publications relating to the procedure so as not to miss the verification and distribution deadlines.

• Promptly verify the opening of judicial liquidation and the liquidator's references.
• Reconstruct the unit's debt position with clear periods of accrual.
• Gather resolutions, notices and titles supporting the application.
• Monitor deadlines for the application, opposition and distribution.

Documenting a claim to lodge properly requires an orderly history of allocation statements, notices and payments. With AmministraPro the manager reconstructs each unit's account statement in a few steps, with periods of accrual and unpaid amounts, and prepares the documentation to hand to the lawyer for the admission application. The accounting and debt recovery features are described on the /funzioni page and the plans on the /prezzi page.