On the issue of revocation of the admission to the insolvency proceedings ex art. 173 l.fall., the Supreme Court expressly stated that the above mentioned revocation operates regardless the vote by the creditors committee and, therefore, even if they are aware of the assessment, carried out by the Judicial Commissioner, about the execution by the debtor of acts of dissimulation and concealment of assets, the failure to report loans and exposure to credit or other acts of fraud (Cass. civ., sect. I, May 5, 2016 n. 9027).

The decision of the Supreme Court referred to a case in which, following the investigation by the Judicial Commissioner of illicit behavior by the debtor, the Court revoked the admission of the insolvency proceeding, justifying the irrelevance of the Creditors Committee to the proposal of composition due to balance differences between financial reporting and the proposal of composition; therefore, the possibility to creditors to adequately evaluate the foreclosed proposal. With the mentioned judgment, the Supreme Court confirms the decision given by the court of first curiae, also upheld on appeal.