Sul conflitto d’interessi nel concordato preventivo della società garantita da soci illimitatamente responsabili

The essay examines the insolvency case law developments on the treatment of partners who are personally liable for the firm’s debts, when they have signed collaterals or guarantees. The focus on two landmark Supreme Court decisions, passed in 1989 and in 2015, reveals an underlying goal: despite the diversity of solutions, the two cases move from the same aim to avoid the conflict of interests in the voting procedure in composition with creditors (concordati). This is the starting point for a critical review of the amendment to the Italian Bankruptcy Law, which opted for requiring a division into classes rather than the exclusion from the right to vote of secured creditors.