As is well known, among the effects of bankruptcy against the debtor, it is included the loss of legal capacity of the latter in favor of the curator.

However, this general rule is note operative, according with article 46 Italian Bankruptcy law, for the goods listed in here.

Quid juris about all those relationships which, although were genetically attracted to the bankruptcy, had lost that status by virtue of a rejection or a declaration of inadmissibility of the application for admission of a claim in winding-up?

According to the recent judgment of the Court of Milan, the  legal capacity of the bankrupted re-expands, thus it has to be recognized him the opportunity to reinstate the process interrupted as a result of filing for bankruptcy, within three months from the interruption of the latter , according to art. 305 Code of Civil Procedure,  and in accordance with the right of defence statuated in art. 24 of the Italian Constitution.

The same faculty, however, must also be recognized in the event that it there is a decision on the challenge under Articles. 98 and 99 L.fall.