Over-indebtedness: there is a legal way out Italian Code of Business Crisis — former Law 3/2012 Avise
Italian law provides concrete tools to reduce debts and, in many cases, to have them discharged. The first step is understanding which path applies to your situation in Avise
Have your debts become unmanageable?
There are legal solutions IN AVISE
- Being in a state of over-indebtedness is a difficult situation, but it is not a dead end: Italian law provides specific tools to resolve it.
- Every day, many people and families face unsustainable payments, constant demands from creditors, and the fear of enforcement proceedings. The longer you wait, the fewer options remain available.
- The good news is that legal procedures specifically designed to reduce or discharge debt exist, both for consumers and for professionals and businesses. You do not need to know in advance which one applies to you: we will identify it together.
What are the main procedures?
Here is a brief overview of the tools provided by the Code of Business Crisis and Insolvency.
For consumers
Debt restructuring plan for consumers
Debt discharge
Controlled liquidation of assets
For professionals and small entrepreneurs
Minor composition agreement
Negotiated crisis composition (when applicable)
Debt discharge
For businesses
Negotiated crisis composition
Preventive agreement in continuity
Liquidation procedures
La valutazione di quale procedura sia più adatta al suo caso verrà effettuata durante la consulenza preliminare
The most effective first step: the Preliminary Consultation
During a dedicated meeting you will receive:
- Preliminary analysis of your debt and asset situation
- Assessment of eligibility for the procedures provided by law
- Clear indication of the most suitable tool for your case
- Overview of next steps and indicative timelines
- Direct answers to your specific questions
- WHAT RESULTS CAN YOU ACHIEVE?
- In the region of Valle D'Aosta the law provides different tools depending on your situation:
- FOR CONSUMERS (natural persons not carrying on business)
- Consumer debt restructuring
Allows you to propose a sustainable repayment plan, calculated on your actual financial capacity. The goal is to protect your income and essential assets while reducing debt to a manageable level. - Debt discharge
The mechanism that allows you to be freed from residual debt and start afresh. It is accessible after meeting specific requirements set by law, definitively overcoming the crisis. - Controlled liquidation
In the most serious cases, an orderly procedure that allows creditors to be satisfied while closing the debt position, enabling you to start over.
- Consumer debt restructuring
- FOR PROFESSIONALS AND SMALL BUSINESS OWNERS
- Minor composition agreement
A streamlined and rapid procedure that allows a significant reduction of debt, protecting professional income and personal financial stability. - Negotiated composition of crisis
A flexible tool that allows the definition of a debt restructuring plan through direct negotiations with creditors, tailored to the specificities of your business and financial situation. - Debt discharge
In certain cases, after going through the negotiated composition phase, it is possible to access the cancellation of residual debt, with the concrete possibility of starting afresh.
- Minor composition agreement
- FOR ENTERPRISES (large and small)
- Negotiated composition of crisis
The central tool for restructuring business debt: a plan negotiated with creditors aimed at maintaining productive continuity and preserving jobs. - Preventive agreement in continuity
Aimed especially at larger enterprises, it allows the drafting of 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 tools allow orderly liquidation of business assets to satisfy creditors, overcoming the stigma of bankruptcy.
- Negotiated composition of crisis
- How we can help you
- HOW THE CONSULTATION WORKS
- L'Aurora Law Firm assists individuals and families in managing over-indebtedness crises throughout Italy, with a clear process designed to help you face this situation one step at a time.
- The process in 3 steps:
1. Book the preliminary consultation online, choosing your preferred date and time.
2. Speak with Lawyer L'Aurora — 30 minutes to analyse your situation, review key documents, and receive initial professional guidance.
3. Receive concrete guidance on how to proceed; for any further engagement, you will receive a personalised and transparent fee estimate. - Preliminary consultation: €150 for 30 minutes — every case is different, and the procedure will be carefully assessed to verify its admissibility under current legislation.
- Preliminary consultation — €150
- WHAT IS OVER-INDEBTEDNESS?
- Over-indebtedness occurs when accumulated debts exceed the ability to repay them: instalments, bills, tax demands, and loans that can no longer be sustained.
- It is a condition that may seem hopeless, but Italian law recognises the right of those acting in good faith to restore balance and, in many cases, to obtain the discharge of residual debt.
- Enforcement proceedings do not stop on their own. The longer you wait, the fewer options remain: a timely assessment broadens the solutions available.
- Book the preliminary consultation
- ASSISTANCE THROUGHOUT ITALY, CONVENIENTLY REMOTE
- The management of the over-indebtedness crisis is handled by the Firm through a structured remote process, with the same effectiveness as an in-person meeting.
- Every phase is followed with precision via videoconference, email and telephone, with attention to document security and constant assistance.
- We are available not only in Terracina and the province of Latina, but also virtually throughout Italy, in the cities of Aosta, Balangero, Cafasse, Banchette, Borgofranco d'Ivrea, Montalto Dora, Mathi, Lanzo Torinese, Robassomero, Pavone Canavese, San Carlo Canavese e Favria.
- As this is a nationally regulated procedure, distance does not affect the effectiveness of legal assistance.
- Book the preliminary consultation
- ACCESS STREAMLINED AND TARGETED LEGAL ASSISTANCE
- We make available diverse support opportunities to address legal needs with practicality and consolidated professionalism.
- Via Google Meet and WhatsApp, we operate virtually at Avise and across the entire national scope, with qualified legal assistance accessible in every required circumstance.
- PRELIMINARY Consultation — A 30-minute meeting to understand the situation, analyse the documents and provide an initial professional orientation.
- STRATEGIC Consultation — A 60-minute rigorous investigation with complete strategy. Includes a 30-minute Follow-Up for developments and new information.
- HOW THE CONSULTATION WORKS
Book a preliminary online consultation
30 minutes of specialist consultation via video call €150
In Avise, Here is a brief overview of the tools provided by the Code of Business Crisis and Insolvency.
- 1. CONSUMER DEBT RESTRUCTURING
- Who can access it
- Consumers (natural persons not carrying on business)
- Debtors acting in good faith with unsustainable debt
- Those who need a repayment plan based on their actual capacity
- What you can achieve
- A sustainable repayment plan, calculated on your actual financial capacity, with a reduction of the overall amount owed.
- Protection of your income and essential assets during the procedure.
- The possibility of halting ongoing enforcement actions (seizures, payment orders).
- How does it work?
- Who can access it
- Preliminary consultation — €150
- Estimate your debt reduction
- 2. DEBT DISCHARGE (CANCELLATION)
- Who can access it
- Consumers in crisis who meet specific merit requirements
- In certain cases, also professionals and minor entrepreneurs
- What you can achieve
- Partial or total cancellation of residual debt, to start afresh without the burden of past obligations.
- A financial "fresh start", recognised by law for those who have acted in good faith.
- Reintegration into economic life with a significant reduction of financial burdens.
- How does it work?
- Who can access it
- Preliminary consultation — €150
- Estimate your debt reduction
- 3. MINOR COMPOSITION AGREEMENT
- Who can access it
- Professionals, small business owners and other non-bankruptcy subjects in crisis
- Consumers or businesses with reduced repayment capacity
- What you can achieve
- A significant debt reduction through a rapid and streamlined procedure.
- Shorter timelines and lower procedural costs compared to traditional insolvency proceedings.
- Protection of professional income and personal financial stability.
- How does it work?
- Who can access it
- Preliminary consultation — €150
- Estimate your debt reduction
- 4. PREVENTIVE AGREEMENT IN CONTINUITY
- Who can access it
- Non-minor enterprises, especially those needing to preserve business continuity
- Companies in crisis with significant assets and a need to maintain operations and jobs
- What you can achieve
- A restructuring plan that allows business operations to continue, preserving company value.
- A balance between creditor protection and recovery of productive capacity.
- The possibility of restructuring debt while preserving jobs and commercial relationships.
- How does it work?
- Who can access it
- Preliminary consultation — €150
- Estimate your debt reduction
- 5. CONTROLLED LIQUIDATION
- Who can access it
- Debtors in an irreversible crisis who cannot access restructuring paths
- Those who need to close their debt position in order to start afresh
- What you can achieve
- An orderly closure of the debt position through controlled distribution of assets.
- Reduced time and costs compared to old bankruptcy proceedings.
- The possibility of accessing debt discharge at the end of the procedure, for a genuine fresh start.
- How do they work?
- Who can access it
- Preliminary consultation — €150
- Estimate your debt reduction
- WHAT CHANGED WITH THE CRISIS CODE
- Greater flexibility
The Crisis Code (Legislative Decree 14/2019) introduced greater flexibility in managing over-indebtedness crises, broadening the solutions available. - Easier access to debt discharge
The process for accessing debt cancellation has been simplified, making it easier for consumers, professionals and small business owners who previously lacked adequate tools. - The purpose of the legislation
These procedures are designed to offer a concrete way out to those who cannot access traditional insolvency proceedings, enabling them to resolve situations of serious financial difficulty and start afresh.
- Greater flexibility
HOW DO THE OVER-INDEBTEDNESS
MANAGEMENT PROCEDURES WORK?
- CONSUMER DEBT RESTRUCTURING
- Initial assessment
- Financial documents are gathered and the overall debt situation and repayment capacity are assessed.
- Plan definition
- A restructuring proposal is developed, calibrated to your situation, with realistic and sustainable objectives.
- Submission to the court
- The plan is submitted for court approval, with a possible request to suspend ongoing enforcement proceedings.
- Plan execution
- Once approved, the plan is implemented according to the terms and timelines established, allowing the debt situation to be resolved.
- Initial assessment
- DEBT DISCHARGE
- Verification of requirements
- Verification that merit requirements are met and necessary documentation is collected (financial statements, declarations, etc.).
- Application submission
- The request is submitted to the competent body, with all supporting documentation.
- Required compliance steps
- Completion of any compliance requirements provided for by law (informational meetings, supplementary documentation).
- Obtaining the fresh start
- Residual debt is partially or fully cancelled, enabling a fresh financial start.
- Verification of requirements
- MINOR COMPOSITION AGREEMENT
- Document preparation
- Collection of information and financial documents, with the Lawyer's support.
- Proposal drafting
- A composition proposal with clear objectives is developed, calibrated to the actual situation.
- Creditor vote
- The proposal is presented to creditors for voting, under the supervision of the OCC (Crisis Composition Body).
- Approval and implementation
- The court approves the plan, which is then implemented to achieve the agreed debt reduction.
- Document preparation
- PREVENTIVE AGREEMENT IN CONTINUITY
- In-depth business analysis
- Collection of up-to-date financial statements and documentation to assess the state of the business and restructuring prospects.
- Restructuring plan drafting
- Development of a plan providing for continuation of business operations, balancing creditor needs with continuity safeguards.
- Meetings and negotiations
- Discussions with creditors and, where necessary, with specialist professionals to define the terms of the plan.
- Submission to the court
- The plan is submitted for court approval, activating the restructuring procedure with protection from enforcement actions.
- In-depth business analysis
- CONTROLLED LIQUIDATION
- Situation assessment
- In-depth analysis to determine whether restructuring is no longer viable and liquidation is the most appropriate solution.
- Application preparation
- Collection of necessary documentation and submission of the request to the court.
- Liquidation process
- Realisation of assets through a controlled and transparent procedure to satisfy creditors.
- Closure and possible discharge
- Formal conclusion of the proceeding, with the possibility of accessing debt discharge for cancellation of residual debt.
- Situation assessment
- DETAILED FINANCIAL ANALYSIS
- Tailored consultation and thorough analysis of your finances to better understand your over-indebtedness situation.
- PERSONALISED PLANS
- Solutions created specifically for your needs to address over-indebtedness in a targeted way.
- ASSISTANCE IN DEBT DISCHARGE PRACTICE
- Support in collecting and preparing all necessary documents to initiate the debt discharge procedure.
- LEGAL ASSISTANCE
- Legal defence in judicial proceedings to protect your interests throughout the entire process.
- DEBT RESTRUCTURING AGREEMENT NEGOTIATION
- Intermediation and negotiations with creditors to obtain improved payment conditions.
- DEBT MANAGEMENT PLAN
- Development of a debt restructuring plan that is practical and acceptable to all parties involved.
- CONSTANT SUPPORT
- Plan monitoring and ongoing assistance to ensure compliance with the plan and to make any necessary adjustments.
- COMPETENCE AND EXPERIENCE
- Years of experience in legal matters and in managing over-indebtedness and debt restructuring cases.
- EMPATHETIC APPROACH
- We are aware of the personal and financial difficulties our clients face and are committed to offering practical support and effective solutions.
- DEMONSTRATED RESULTS
- A solid track record of results in negotiating advantageous agreements and helping clients regain control of their finances.
LEGAL SERVICES FOR OVER-INDEBTEDNESS IN AVISE
DEBT DISCHARGE AND DEBT MANAGEMENT
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.
INSIGHTS FAQ
- What is the pre-insolvency phase in crisis management?
- The pre-insolvency phase involves early recognition of financial difficulties and proactive restructuring before formal bankruptcy. It offers more favourable outcomes.
- How can small entrepreneurs prevent bankruptcy?
- Small entrepreneurs can use Minor Concordat or crisis composition agreements to restructure debt before bankruptcy becomes necessary.
- What role does financial capacity play in plan approval?
- The judge evaluates financial capacity to determine if proposed payments are realistically achievable. Plans must be sustainable based on income and expenses.
- Can dependents' income be included in financial assessment?
- Dependent family members' income can be included in financial assessment if they contribute to household support and are willing to be part of the plan.
- How does judicial control prevent plan abuse?
- The judge supervises plan implementation, ensuring compliance and preventing abuse. Regular reporting requirements maintain transparency.
- What is the advantage of early restructuring over bankruptcy?
- Early restructuring preserves professional reputation, avoids bankruptcy proceedings, maintains family assets, and provides a clearer path to financial recovery.
- Can restructuring plans include equity-sharing with creditors?
- Yes, innovative restructuring plans may include equity-sharing arrangements where creditors receive partial ownership stakes instead of full cash repayment.
- How does the plan handle income fluctuations?
- Restructuring plans often include flexibility clauses for income variations. Temporary hardships may allow payment reductions, while income increases trigger higher payments.
- What is the difference between debt relief and debt discharge?
- Debt relief reduces amounts owed, while debt discharge completely cancels remaining debts. Discharge is the final step after plan completion.
- Can I request debt restructuring if self-employed?
- Yes, self-employed individuals can access restructuring procedures. Income verification requires additional documentation, such as tax returns and business records.
- What is the relationship between restructuring and business continuation?
- Restructuring plans for entrepreneurs often allow business continuation while addressing debts, enabling economic recovery through operational improvement.
- ARE YOU A RESIDENT OF AVISE? REQUEST INFORMATION FOR A MEETING RIGHT AWAY
- L'Aurora Law Firm operates in the management of over-indebtedness crises throughout Italy, using remote tools to deliver the same quality of assistance regardless of distance.
- The preliminary consultation is €150 for 30 minutes with Lawyer L'Aurora. For any further engagement, a personalised and transparent fee estimate will be provided.
- L'Aurora Law Firm is based in Terracina in the province of Latina. Legal consultation is offered remotely using digital tools also in the cities of Saint Pierre, Gressan, Sarre, Saint Christophe, Quart, Châtillon, Saint Vincent, Pont Canavese, Corio, Forno Canavese, Valperga e Pont Saint Martin.
- Preliminary consultation — €150
Lawyer Liliana L'Aurora, registered with the Bar Association of Latina, with experience in business distress law and over-indebtedness, in line with the Business Distress Code. Crisis Manager for over-indebtedness and support in insolvency proceedings. I am also registered with the Register of Crisis Managers and the OCC of the Bar Association of Latina.
I have acquired practical experience at the De Felice Law Firm, dealing with bankruptcy proceedings and real estate sales. I provide legal consultation in the following areas: commercial law, debt recovery, family law, civil liability.
Graduated in Law from La Sapienza University in Rome, I enrich my training with advanced courses for Crisis Managers and on the Business Distress Code.
I offer legal consultations in remote mode, using advanced technologies that allow me to operate at the national level in a secure manner.
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Does the law firm handle legal matters related to Avise?
- The firm provides specialised legal counsel on matters involving Avise 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 Avise or neighbouring municipalities such as Rhêmes Notre Dame, Rhêmes Saint Georges, Valgrisenche, 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 →
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Can legal assistance be obtained for a matter involving Avise without residing there?
- The firm handles legal matters connected to the territory of Avise 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: Rhêmes Notre Dame, Rhêmes Saint Georges, Valgrisenche, Saint Oyen, Valsavarenche, Allein, Ollomont, Noasca, Oyace, Ribordone.
- The firm is available to provide qualified legal assistance tailored to each specific situation.
- Choose date and time →
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Does the firm assist with online fraud, cryptocurrency scams, trading fraud or family law matters connected to Avise?
- The firm assists victims of online fraud, cryptocurrency scams and unauthorised trading platforms connected to the Avise 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 Avise and surrounding municipalities such as Rhêmes Notre Dame, Rhêmes Saint Georges, Valgrisenche.
- 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 →
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Does the firm provide legal assistance for over-indebtedness and debt crisis procedures connected to Avise?
- 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 Avise 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 Rhêmes Notre Dame, Rhêmes Saint Georges, Valgrisenche, Saint Oyen, Valsavarenche, Allein, Ollomont, Noasca, Oyace, Ribordone and surrounding municipalities may access these procedures with the support of the firm.
- Request a preliminary assessment →
INTERNATIONAL CLIENTS REQUIRING DEBT RESTRUCTURING ASSISTANCE IN AVISE
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Over-indebtedness of Italian-Americans with assets in Avise
- Italian-American or Italian-Canadian nationals who maintain assets — typically inherited property — in Avise or Valle d'Aosta 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
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Cross-border insolvency between Italy and Germany or Switzerland — Avise
- An individual or entrepreneur with debts in both Italy and Germany or Switzerland and connections to Avise 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 Avise, aiming to achieve the most favourable restructuring outcome for the client.
- Schedule a preliminary consultation
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Debt crisis management for Italian-Argentine and Italian-Brazilian citizens in Avise
- Citizens of Argentina or Brazil with Italian nationality who reside in or maintain economic ties to Avise 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
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Debt restructuring in Avise 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 Avise 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 Avise. Debts contracted abroad may be included where they are enforceable in Italy.
- Schedule a preliminary consultation
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Controlled liquidation of assets for over-indebted individuals in Avise
- 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 Avise 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 Valle d'Aosta, 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
FREQUENTLY ASKED QUESTIONS FROM INTERNATIONAL CLIENTS IN AVISE
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Can an Italian citizen residing abroad access debt restructuring procedures in Avise?
- An Italian citizen with debts connected to Avise or the province of Valle d'Aosta — 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
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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.
- Schedule a preliminary consultation
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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.
- Schedule a preliminary consultation
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How long does the debt restructuring process take at the court of Avise?
- 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
