Managing Overindebtedness Crisis
Law 3/2012

Structured and personalized legal solutions aimed at restoring financial and legal balance in your city, using virtual tools

DEBT RESTRUCTURING PROCEDURES

Being in a state of overindebtedness can be difficult, but there are tools to manage it.

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  • HOW TO GET OUT?
    • In your region, these are the tools that the law makes available to us:
    • FOR CONSUMERS (natural persons not entrepreneurs)
      • Negotiated composition of personal crisis
        A procedure that allows direct negotiation with creditors to restructure debt, focusing on asset protection and income maintenance.
      • Debt discharge
        A mechanism designed to free the debtor from residual debt, offering the possibility of obtaining a "fresh start" after meeting specific requirements and overcoming the crisis phase.
      • Judicial liquidation
        A last resort solution, available in particularly serious situations, which involves the liquidation of assets to satisfy creditors and allow the debtor to make a fresh start.
    • FOR PROFESSIONALS AND SMALL ENTREPRENEURS
      • Simplified agreement
        Ideal for subjects in crisis with limited personal or business profiles; this procedure offers strong debt reduction in a rapid and simplified manner, protecting income or personal financial stability.
      • Negotiated composition of crisis
        A flexible tool that allows defining, through direct negotiations, a debt restructuring plan, adaptable to the specificities of the profile and financial situation.
      • Debt discharge
        In some cases, after going through the negotiated composition phase, it is possible to access a debt discharge mechanism that allows cancellation of residual debt.
    • FOR ENTERPRISES (large and small)
      • Negotiated composition of crisis
        The central tool for restructuring business debt, aimed at obtaining a plan negotiated with creditors that allows maintaining productive continuity.
      • Preventive agreement in continuity
        Aimed especially at larger enterprises. This tool allows drafting a restructuring plan that preserves business value and continuity, balancing creditor protection with the company's ability to continue operations.
      • Judicial liquidation and liquidatory agreement
        In irreversible situations, these simplified liquidation tools allow realization of business assets to satisfy creditors, eliminating the social stigma of bankruptcy.
  • THE LAW FIRM
    • WHO WE ARE
      • L'Aurora Law Firm, with multi-year experience in managing overindebtedness crisis, is ready to offer you personalized assistance throughout the national territory, with the clear objective of helping you face this difficult scenario.
      • We have a clear and well-structured process that will allow you to proceed step by step without feeling overwhelmed.
      • Every case is different, so the procedure will be carefully evaluated to verify its admissibility according to current legislation.
      • Initial consultation meeting
    • WHAT IS OVERINDEBTEDNESS AND WHAT DOES IT ENTAIL?
      • Overindebtedness occurs when a person or company is no longer able to regularly fulfill its financial obligations.
      • It is a condition in which accumulated debt exceeds the ability to repay it, leading to a situation of financial crisis that may seem hopeless.
      • Executive procedures do not stop on their own, and the longer you wait, the fewer options you have.
      • Book your first meeting now
    • EFFICIENT REMOTE MANAGEMENT THROUGHOUT ITALY
      • Debt restructuring is managed by the firm through a structured and widely tested telematic process at the national level.
      • Thanks to a consolidated method, each phase is followed with precision, ensuring security in document management and constant assistance via email, phone or videoconference.
      • We are available not only in Terracina and in the province of Latina, but also virtually throughout Italy, in the cities of Palermo, Ravenna, Sassari, Bologna, Messina, Ferrara, Modena, Reggio di Calabria, Cagliari, Reggio nell'Emilia, Catania e Parma.
      • As this is a nationally regulated procedure, distance does not affect the effectiveness of legal intervention.
      • Book your first meeting now
    • ACCESSING AGILE AND PRIORITY LEGAL SUPPORT
      • Our law firm offers various intervention methods to address your case in a personalized manner. You can easily schedule an appointment through the website, WhatsApp Business or by phone.
      • We operate virtually throughout the national territory, in addition to our presence in Terracina, thanks to platforms such as Google Meet and WhatsApp, guaranteeing professional legal assistance wherever you need it.
      • Free introductory meeting
        First meeting free and non-binding, without any consultation activity. Objective: define and explore the needs to identify the most suitable path.
      • Evaluation meeting
        Meeting priority on a paid basis with advance documentation submission for detailed preliminary analysis. Objective: clearly and in appropriate times define an effective action plan.
      • Strategic consultation
        In-depth and priority examination of documentation with custom consultation. Objective: provide a comprehensive strategic evaluation with definition of a detailed action plan for complex cases.

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In Italy, here are the 5 main overindebtedness procedures available provided by the Code of Business Crisis and Insolvency (CCII), former Law 3, introduced with Legislative Decree 12 January 2019, n. 14 and subsequently amended.

  • DIFFERENCES FROM PREVIOUS LEGISLATION
    • Greater flexibility
      The new rules of the Crisis Code have introduced greater flexibility in the management of overindebtedness crises.
    • Simplification of access to debt discharge
      The process for accessing debt discharge has been simplified, facilitating non-bankruptcy subjects.
    • Objective
      These procedures are designed to offer a way out to individuals and small businesses that cannot access traditional bankruptcy procedures such as insolvency, allowing them to resolve situations of serious economic difficulty.
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HOW DO THE DEBT RESTRUCTURING
PROCEDURES WORK?

  • NEGOTIATED COMPOSITION OF CRISIS

    • Initial assessment
      • Financial documents are collected and repayment capacity is verified.
    • Definition of a plan
      • A preliminary meeting is held to analyze the situation and define a negotiated plan.
    • Negotiations with creditors
      • Initiation of direct negotiations to agree on debt restructuring.
    • Formalization of the plan
      • The plan is drafted and, if necessary, presented to the court for homologation.
  • DEBT DISCHARGE

    • Verification of requirements
      • Verification that regulatory requirements are met and necessary documentation is collected (balance sheets, statements, etc.).
    • Submission of the application
      • Sending of the request to the competent authority for debt discharge.
    • Required compliance
      • Execution of compliance requirements (e.g., informational meetings or training courses) provided for by law.
    • Obtaining fresh start
      • Residual debt is partially or fully cancelled, allowing a fresh financial start.
  • SIMPLIFIED AGREEMENT

    • Document preparation
      • Collection of information and financial documents, with the support of a lawyer.
    • Drafting of the proposal
      • A simplified proposal for debt reduction is developed, with clear objectives.
    • Negotiation with creditors
      • Presentation and discussion of the proposal with creditors to reach an agreement.
    • Homologation and implementation
      • The court homologates the plan, which is then implemented to obtain debt reduction.
  • PREVENTIVE AGREEMENT IN CONTINUITY

    • In-depth business analysis
      • Collection of up-to-date balance sheets and documentation to assess the state of the business.
    • Drafting of the restructuring plan
      • Development of a plan that provides for continuation of business operations, balancing creditor needs with continuity safeguards.
    • Meetings and negotiations
      • Initiation of discussions with creditors and, possibly, with a professional to define plan terms.
    • Submission to the court
      • The plan is submitted for homologation, thereby activating the restructuring procedure.
  • JUDICIAL LIQUIDATION AND LIQUIDATORY AGREEMENT

    • Evaluation of the irreversible situation
      • In-depth analysis to determine whether debt restructuring is no longer possible.
    • Preparation of the application
      • Collection of necessary documentation and submission of the request to the court.
    • Realization of liquidation
      • Sale of assets to satisfy creditors, following a controlled procedure.
    • Closure of the procedure
      • Formal conclusion of the proceeding, with any residual measures for debtor discharge.
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THE FIRM | WHO WE ARE


  • The L'Aurora Law Firm is available for those seeking professional legal assistance and personalized solutions throughout Italy. We offer a wide range of customized legal services designed to effectively satisfy the needs of private individuals, companies and professionals.
  • We remain constantly updated on the latest legislative developments and judicial trends, ensuring comprehensive, targeted and cutting-edge assistance. Every client is unique and has specific needs, which is why we strive to provide customized consultations, aimed at resolving legal issues that may arise in daily life or in professional and business contexts in the most effective, timely and professional manner possible.
  • Our approach is based on a thorough, meticulous and detailed analysis of each case, offering practical, concrete solutions always aimed at protecting and safeguarding the rights and interests of our clients. We firmly believe that a good and solid professional relationship is founded on mutual trust, absolute transparency and clear communication, and for this reason we maintain constant, open and direct dialogue with our clients, updating them punctually at every stage of proceedings.
  • We offer qualified consultation and legal assistance throughout the national territory in various sectors of law, including civil, commercial, corporate, labor and criminal law. Whether it involves a complex contractual dispute, a family law matter or business litigation, we are ready to provide all necessary professional support to face every legal challenge with confidence, serenity and complete awareness.
  • We work with passion, dedication and professional rigor to achieve concrete and measurable results, always with the primary objective of ensuring the full protection and safeguarding of our clients' rights. Contact us for an initial introductory consultation and discover how we can help you protect your rights and resolve every legal matter with expertise, professionalism and promptness.
Form to request an appointment with Lawyer Liliana L’Aurora

INSIGHTS FAQ


  • How can debtors prepare for restructuring discussions?
    • Preparation includes gathering financial documents, calculating accurate debts, assessing income capacity, and consulting with professional advisors.
  • What is the advantage of court-supervised versus informal restructuring?
    • Court supervision provides legal protection, enforceability, and creditor binding power that informal agreements lack.
  • Can restructuring address deficiency claims after asset sales?
    • Yes, deficiency claims from asset sales can be addressed within restructuring plans, ensuring comprehensive debt management.
  • How does restructuring protect debtor dignity during hardship?
    • Modern restructuring emphasizes debtor dignity, offering fresh start opportunities rather than adversarial bankruptcy proceedings.
  • What is the role of technology in modern restructuring management?
    • Digital platforms facilitate payment processing, document management, and communication between all restructuring parties.
  • Can restructuring create opportunities for business turnaround?
    • Successful restructuring can position businesses for strategic turnaround with improved credit status and operational efficiency.
  • How does family communication affect restructuring success?
    • Open family communication about restructuring plans builds household support and commitment to plan compliance.
  • What is the long-term financial benefit of restructuring completion?
    • Completed restructuring provides debt-free status, restored creditworthiness, and psychological relief enabling fresh financial start.
  • Can restructuring address pandemic-related economic hardship?
    • Modern restructuring increasingly addresses pandemic-related hardships with flexible payment terms and temporary relief provisions.
  • How does early debt resolution affect family financial planning?
    • Early restructuring completion enables future financial planning, savings, investments, and family security rebuilding.
  • What resources support successful long-term restructuring?
    • Success resources include legal counsel, financial advisors, credit counseling, and community support programs for comprehensive assistance.
  • Would you like to book a meeting? Discover how to request an appointment.
    • The law firm operates in the field of managing overindebtedness crisis throughout the national territory using virtual meeting tools. The firm is able to offer its legal services also at the national level, aiming to assist you throughout Italy.
    • The firm is able to offer its legal services also at the national level, aiming to assist you throughout Italy.
    • L'Aurora Law Firm is based in Terracina in the province of Latina: throughout the Italian territory, legal consultation is offered using telematic tools also in the cities of Roma, Napoli, Bari, Firenze, Palermo, Bologna, Catania, Venezia, Genova, Verona, Milano e Torino.
    • Initial consultation meeting
Form to request an appointment with Lawyer Liliana L’Aurora

My name is Liliana L’Aurora, Lawyer registered with the Bar Association of Latina. I have focused my activities on business distress law, insolvency and over-indebtedness, in compliance with the Business Distress Code. Crisis Manager in over-indebtedness procedures and in 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 various sectors, including commercial law, debt recovery, family law, and civil liability.
Graduated in Law from La Sapienza University in Rome, I continue to participate in advanced courses and seminars on topics such as business distress and the Distress Code.
I provide remote legal assistance throughout Italy, with the use of technologies that allow for secure distance consultation.

Form to request an appointment with Lawyer Liliana L’Aurora
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Appointments Information

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