Cross-border insolvency between Italy and Germany/Switzerland — Cagliari

Management of concurrent proceedings and strategic forum selection in the province of Cagliari

Cross-border insolvency between Italy and Germany or Switzerland — Cagliari


An individual or entrepreneur with debts in both Italy and Germany or Switzerland and connections to Cagliari may face concurrent insolvency proceedings.
The EU Insolvency Regulation (Regulation 2015/848) determines the centre of main interests for jurisdictional purposes in relation to Germany, while Swiss insolvency follows bilateral treaty provisions.
The strategic selection of the jurisdiction in which to open principal proceedings can materially affect the debtor's prospects for discharge and the treatment of specific creditor claims.


The firm advises on forum selection strategy, manages the Italian proceedings before the court of Cagliari, and coordinates with the client's German or Swiss counsel to ensure a coherent cross-border approach that maximises the debtor's restructuring prospects.


How to proceed — preliminary consultation


The first recommended step is to schedule a thirty-minute preliminary consultation, available in English, to evaluate the cross-border debt situation and develop a coordinated insolvency strategy across the relevant jurisdictions.


  • At the L'Aurora Law Firm we dedicate ourselves to providing an excellent legal service, built on expertise and experience, professional seriousness and constant attention to the client. We are able to successfully assist both private individuals and businesses in a wide range of complex legal matters, in Cagliari and surrounding areas.
  • We are available for those seeking rapid, effective and concrete legal solutions. We offer qualified consultation and assistance in numerous areas of law, including civil, commercial, corporate, administrative and criminal law. Our objective is to provide personalized and targeted assistance, capable of perfectly adapting to each client's needs, carefully evaluating the particularities and specificities of each individual case.
  • Our firm's approach is based on a careful preliminary analysis and a strategy aimed at efficient problem resolution. We believe that trust, transparency and clear communication are the fundamental pillars of the Lawyer-client relationship, and we strive to always maintain an open, direct and clear communication channel. We are convinced that an informed and aware client is a more serene client in their legal choices.
  • Thanks to our consolidated experience and continuous professional training, we are always updated on the latest legislative developments and judicial trends, offering cutting-edge solutions and concrete and timely responses to every type of legal issue. Whether it is a complex litigation, strategic contract negotiation or preventive consultation, we are ready to assist you with professionalism, expertise and determination.
  • The L'Aurora Law Firm offers a virtual service tailored to Cagliari, in the region of Sardegna, and aims to respond effectively, competently and promptly to your legal needs. For more information or to request personalized consultation, do not hesitate to contact us. We will be pleased to assist you at every stage of your legal journey, ensuring maximum commitment to protecting your rights and interests.
Form to request an appointment with Lawyer Liliana L

I am Lawyer Liliana L'Aurora, registered with the Bar Association of Latina, with experience in business distress law and over-indebtedness, in accordance with the Business Distress Code. Crisis Manager in over-indebtedness procedures and insolvency proceedings. I am also registered with the Register of Crisis Managers and the OCC at the Bar Association of Latina.

Practical experience gained at the De Felice Law Firm, with a focus on bankruptcy proceedings and delegated real estate sales. I provide legal assistance to companies and private individuals in the following areas: commercial law, debt recovery, family law, civil liability.

I hold a Degree in Law from La Sapienza University in Rome. I keep my knowledge current through advanced training courses, including those for Crisis Managers and on the Business Distress Code.

I am available virtually throughout the national territory, using digital tools to provide remote legal assistance in complete safety.

FAQ
  • Does the law firm handle legal matters related to Cagliari?
    • The firm provides specialised legal counsel on matters involving Cagliari and the surrounding territory — irrespective of the client's place of residence.
    • From property disputes to local regulations, employment law to family matters: should a case be connected to Cagliari or neighbouring municipalities such as Elmas, Settimo San Pietro, Quartucciu, the firm is available to assist.
    • Consultations are conducted remotely via video call or telephone, without the need to attend the office in person.
    • Book a consultation →
  • Can legal assistance be obtained for a matter involving Cagliari without residing there?
    • The firm handles legal matters connected to the territory of Cagliari and surrounding municipalities, regardless of where the client is based.
    • Cases involving local real estate, commercial activities, contracts, inheritance and disputes tied to the following areas are fully covered: Elmas, Settimo San Pietro, Quartucciu, Soleminis, Maracalagonis, Monserrato, Serdiana, Villaspeciosa, Decimomannu, Uta.
    • The firm is available to provide qualified legal assistance tailored to each specific situation.
    • Choose date and time →
  • Does the firm assist with online fraud, cryptocurrency scams, trading fraud or family law matters connected to Cagliari?
    • The firm assists victims of online fraud, cryptocurrency scams and unauthorised trading platforms connected to the Cagliari area, conducting a preliminary legal assessment to determine whether the conditions exist to pursue fund recovery, and providing support in filing complaints with the Postal Police.
    • The firm also handles family law matters — separation, divorce, child custody and contested inheritance — connected to the territory of Cagliari and surrounding municipalities such as Elmas, Settimo San Pietro, Quartucciu.
    • Whether the client has been defrauded by a fraudulent broker, suffered losses through an abusive crypto platform, or requires legal support in a family dispute, a remote consultation can be arranged from any location.
    • Book a consultation for your case →
  • Does the firm provide legal assistance for over-indebtedness and debt crisis procedures connected to Cagliari?
    • The firm offers specialised legal assistance for over-indebtedness procedures under Italian Law No. 3/2012 and the Business Crisis Code (D.Lgs. 14/2019), assisting both private individuals and sole traders connected to the Cagliari area.
    • Available procedures include the debt restructuring plan, the consumer arrangement, and the controlled liquidation of assets — instruments designed to provide a lawful and structured resolution to situations of financial distress.
    • Clients residing in or holding assets within Elmas, Settimo San Pietro, Quartucciu, Soleminis, Maracalagonis, Monserrato, Serdiana, Villaspeciosa, Decimomannu, Uta and surrounding municipalities may access these procedures with the support of the firm.
    • Request a preliminary assessment →

INTERNATIONAL CLIENTS REQUIRING DEBT RESTRUCTURING ASSISTANCE IN CAGLIARI


  • Debt crisis management for Italian-Argentine and Italian-Brazilian citizens in Cagliari
    • Citizens of Argentina or Brazil with Italian nationality who reside in or maintain economic ties to Cagliari may access Italian debt relief procedures when facing financial crisis. The particular challenges in these cases include the documentation of debts contracted in South American jurisdictions, currency conversion considerations, and the coordination with Argentine or Brazilian creditors who may contest Italian proceedings. The firm provides specialised assistance in managing these complexities, leveraging experience with South American documentation and consular procedures to present a viable restructuring proposal.
    • Schedule a preliminary consultation
  • Debt restructuring in Cagliari for Italian nationals returning from abroad
    • An Italian citizen who has resided in the United States, the United Kingdom, Canada, or Australia and returns to Cagliari burdened by debts accumulated both domestically and abroad may access the consumer debt restructuring procedures introduced by the Italian Insolvency Code (D.Lgs. 14/2019). The firm evaluates eligibility for the controlled liquidation of assets, the composition with creditors, or the family debt restructuring plan, assisting the client in presenting a compliant proposal to the competent court of Cagliari. Debts contracted abroad may be included where they are enforceable in Italy.
    • Schedule a preliminary consultation
  • Over-indebtedness of Italian-Americans with assets in Cagliari
    • Italian-American or Italian-Canadian nationals who maintain assets — typically inherited property — in Cagliari or Cagliari while facing personal financial difficulties in North America may need to protect their Italian assets from cross-border enforcement. Conversely, those returning to Italy may seek a fresh start through the Italian over-indebtedness procedures. The firm provides counsel on the interaction between US Chapter 7 or Chapter 13 proceedings and the Italian regime, with the aim of supporting a coherent position across both jurisdictions.
    • Schedule a preliminary consultation
  • Controlled liquidation of assets for over-indebted individuals in Cagliari
    • Where a debt restructuring plan is not viable, the controlled liquidation procedure under Article 268 of the Italian Insolvency Code offers the over-indebted individual residing in Cagliari the prospect of complete discharge from residual debts. The procedure entails the judicial sale of non-exempt assets under the supervision of the court of Cagliari, with the subsequent release of the debtor from remaining obligations upon satisfaction of the legal conditions. The firm assists the client through the eligibility assessment, documentation, and the discharge application, which — if granted by the court — may represent a definitive resolution of the debt situation.
    • Schedule a preliminary consultation
  • Family debt restructuring plan for residents of Cagliari
    • The family composition plan under the Italian Insolvency Code enables the over-indebted consumer residing in Cagliari to propose a structured repayment schedule to creditors, preserving essential family assets — including the primary residence — while achieving sustainable debt relief. The procedure, conducted before the competent court of the district encompassing Cagliari, requires the appointment of an OCC (Organismo di Composizione della Crisi) and the preparation of a feasibility report. The firm assists from the initial assessment of indebtedness through to judicial approval, ensuring compliance with the stringent requirements that condition the court's acceptance of the plan.
    • Schedule a preliminary consultation

FREQUENTLY ASKED QUESTIONS FROM INTERNATIONAL CLIENTS IN CAGLIARI


  • Can an Italian citizen residing abroad access debt restructuring procedures in Cagliari?
    • An Italian citizen with debts connected to Cagliari or the province of Cagliari — such as mortgage arrears, unpaid taxes, or business debts — may access Italian over-indebtedness procedures provided the centre of their economic interests or the debts' connection to the Italian jurisdiction can be demonstrated. The firm evaluates eligibility on a case-by-case basis.
    • Schedule a preliminary consultation
  • Does Italian debt restructuring affect debts owed in other countries?
    • Italian over-indebtedness procedures primarily affect debts governed by Italian law. However, under the EU Insolvency Regulation, the effects of proceedings opened in Italy extend to other EU member states. For debts in non-EU jurisdictions, recognition of the Italian procedure depends on bilateral treaties and local law.
    • Schedule a preliminary consultation
  • What is the difference between liquidazione controllata and piano del consumatore?
    • The piano del consumatore (consumer plan) allows the debtor to retain essential assets while restructuring debts over a defined period, subject to court approval. Liquidazione controllata involves the judicial sale of non-exempt assets, followed by potential discharge of residual debts. The firm recommends the procedure most suitable to the client's asset position and debt profile.
    • Schedule a preliminary consultation
  • How long does the debt restructuring process take at the court of Cagliari?
    • Timelines vary depending on the procedure selected and the complexity of the case. A consumer restructuring plan typically requires three to six months for court approval, while controlled liquidation may take twelve to twenty-four months from filing to discharge. The firm provides a realistic timeline assessment at the initial consultation.
    • Schedule a preliminary consultation
Form to request an appointment with Lawyer Liliana L’Aurora

Book a legal consultation

What does the consultancy service include?

Book a Meeting, in person or virtually  remotely for clients from Cagliari, using virtual tools

Appointments Information

The law firm of Liliana L’Aurora is located at Via Roma 116, Terracina (LT)