Debt crisis italian argentine brazilian citizens Napoli

My name is Liliana L'Aurora, a Lawyer registered with the Bar Association of Latina. I have focused my activities on business distress law and over-indebtedness, in compliance 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.

During my career, I have acquired experience at the De Felice Law Firm, dealing with bankruptcy proceedings and real estate sales. I offer legal support in the following areas: commercial law, debt recovery, family law, civil liability.

Graduated in Law from La Sapienza University in Rome, I continue to participate in advanced courses and seminars on business distress and the Business Distress Code.

I provide remote legal assistance throughout Italy, using technologies that allow for secure distance consultation.

• Does the law firm handle legal matters related to Napoli?
  • The firm provides specialised legal counsel on matters involving Napoli 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 Napoli or neighbouring municipalities such as Casavatore, Calvizzano, Cercola, the firm is available to assist.
  • Consultations are conducted remotely via video call or telephone, without the need to attend the office in person.
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• Can legal assistance be obtained for a matter involving Napoli without residing there?
  • The firm handles legal matters connected to the territory of Napoli 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: Casavatore, Calvizzano, Cercola, Massa di Somma, San Sebastiano al Vesuvio, Volla, San Giorgio a Cremano, Casandrino, Pollena Trocchia, Mugnano di Napoli.
  • The firm is available to provide qualified legal assistance tailored to each specific situation.
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• Does the firm provide legal assistance for over-indebtedness and debt crisis procedures connected to Napoli?
  • 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 Napoli 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 Casavatore, Calvizzano, Cercola, Massa di Somma, San Sebastiano al Vesuvio, Volla, San Giorgio a Cremano, Casandrino, Pollena Trocchia, Mugnano di Napoli and surrounding municipalities may access these procedures with the support of the firm.
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INTERNATIONAL CLIENTS REQUIRING DEBT RESTRUCTURING ASSISTANCE IN NAPOLI

• Cross-border insolvency between Italy and Germany or Switzerland — Napoli
  • An individual or entrepreneur with debts in both Italy and Germany or Switzerland and connections to Napoli may face concurrent insolvency proceedings across jurisdictions. The EU Insolvency Regulation determines the centre of main interests for jurisdictional purposes, while Swiss insolvency follows bilateral treaty provisions. The firm advises on the strategic selection of forum and the recognition of foreign proceedings before the court of Napoli, aiming to achieve the most favourable restructuring outcome for the client.
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• Debt crisis management for Italian-Argentine and Italian-Brazilian citizens in Napoli
  • Citizens of Argentina or Brazil with Italian nationality who reside in or maintain economic ties to Napoli 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.
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• Over-indebtedness of Italian-Americans with assets in Napoli
  • Italian-American or Italian-Canadian nationals who maintain assets — typically inherited property — in Napoli or Napoli 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.
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• Debt restructuring in Napoli 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 Napoli 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 Napoli. Debts contracted abroad may be included where they are enforceable in Italy.
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• Controlled liquidation of assets for over-indebted individuals in Napoli
  • 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 Napoli 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 Napoli, 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.
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FREQUENTLY ASKED QUESTIONS FROM INTERNATIONAL CLIENTS IN NAPOLI

• Can an Italian citizen residing abroad access debt restructuring procedures in Napoli?
  • An Italian citizen with debts connected to Napoli or the province of Napoli — 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.
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• 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.
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• 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.
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• How long does the debt restructuring process take at the court of Napoli?
  • 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.
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