Managing Overindebtedness Crisis
Law 3/2012 Azzano Decimo

Structured and personalized legal solutions aimed at restoring financial and legal balance remotely for clients from Azzano Decimo, using virtual tools

DEBT RESTRUCTURING PROCEDURES IN AZZANO DECIMO

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

  • HOW TO GET OUT?
    • In the region of Friuli Venezia Giulia 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
    • MAKE USE OF ACCESSIBLE AND PRIORITY LEGAL ASSISTANCE
      • We propose multiple operational solutions aimed at resolving your legal questions with operational flexibility and recognized professionalism.
      • Through the adoption of videoconferencing technologies such as Google Meet and WhatsApp, we guarantee digital services at Azzano Decimo and across the entire national territory, making expert legal advice available in any required situation.
      • PRELIMINARY Consultation — A 30-minute session to understand the situation, evaluate the documents and receive an initial professional orientation.
      • STRATEGIC Consultation — An exhaustive 60-minute analysis with strategy and operational plan, plus an included 30-minute Follow-Up for subsequent developments.

In Azzano Decimo, 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.
    • Back to top

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.

THE FIRM | WHO WE ARE


  • The L'Aurora Law Firm is available for those seeking excellent virtual legal assistance and ad hoc solutions in Azzano Decimo. We offer a wide range of personalized legal services designed to effectively meet the needs of private individuals, businesses and professionals.
  • We remain constantly updated on the latest regulations and the most recent judicial trends, ensuring specific, targeted and cutting-edge legal assistance. Each client has particular and unique needs, which is why we dedicate ourselves to offering personalized and strategic consultations, aimed at resolving every legal issue quickly, effectively and professionally, both in private and work and business contexts.
  • Our methodology is based on a scrupulous and meticulous analysis of each case, offering practical, concrete solutions always oriented towards protecting and safeguarding our clients' rights. For us, mutual trust, absolute transparency and clear communication are fundamental values, and for this reason we maintain continuous, open and direct contact with our clients, keeping them constantly and punctually informed.
  • We provide qualified virtual consultation and assistance in Azzano Decimo and in the region of Friuli Venezia Giulia in various legal areas, including civil, commercial, corporate, labor and criminal law. Whether it involves contract-related disputes, complex family matters or business litigation, we are at your complete service to offer you all the professional support necessary to face every situation with serenity, confidence and complete awareness.
  • We operate with passion, determination and professional rigor to achieve concrete and measurable results, always aiming at the complete protection and safeguarding of our clients' rights and interests. Contact us for an initial introductory consultation and discover how we can be by your side in resolving your legal issues with expertise, seriousness and professionalism.
Form to request an appointment with Lawyer Liliana L’Aurora

INSIGHTS FAQ


  • How does the debt restructuring plan work for consumers?
    • The plan allows consumers to propose debt payment according to their economic capabilities. It may provide reductions or installments and is approved by the judge, even without creditor consent.
  • What are the requirements to access the crisis composition agreement?
    • The debtor must be a consumer, a small entrepreneur or belong to non-bankrupt categories. The agreement must be approved by 60% of creditors and homologated by the judge.
  • Who can request the controlled liquidation of the over-indebted?
    • Consumers, small entrepreneurs, professionals and other non-bankrupt categories can request it. It can be activated both voluntarily by the debtor or by creditors.
  • What is debt discharge and how to obtain it?
    • Debt discharge is the cancellation of residual debts at the end of controlled liquidation. It is granted to deserving debtors who have not acted with fraud or gross negligence.
  • What are the advantages of the minor concordat for small entrepreneurs?
    • The Minor Concordat allows small entrepreneurs to propose a debt payment plan that, if approved by creditors and homologated by the judge, allows avoiding bankruptcy.
  • What is the difference between consumer plan and crisis composition agreement?
    • The Consumer Plan does not require creditor consent, while the Crisis Composition Agreement requires 60% creditor approval. Both must be homologated by the judge.
  • How to access controlled liquidation if I have no assets to liquidate?
    • Even without assets to liquidate, you can access the procedure to close debts, and upon completion you can obtain debt discharge. The OCC manages the entire process.
  • How long does it take to obtain debt discharge?
    • Times vary based on the procedure, but once controlled liquidation is completed and judge's favorable opinion is obtained, debt discharge can be granted in a few months.
  • Can I propose a restructuring plan even if creditors don't agree?
    • Yes, in the case of Consumer Plan the judge can approve the plan even without creditor consent, if deemed sustainable and deserving.
  • Which debts can be cancelled with debt discharge?
    • With debt discharge all unpaid debts are cancelled at the end of liquidation, except those that by law are not dischargeable, such as alimony and fines.
  • Is it possible to avoid garnishment with a crisis composition agreement?
    • Yes, once the Crisis Composition Agreement is homologated by the judge, all enforcement proceedings like garnishment are suspended, allowing for agreed debt settlement.
Form to request an appointment with Lawyer Liliana L’Aurora

Lawyer Liliana L’Aurora, registered with the Bar Association of Latina, with experience in business distress law, insolvency and over-indebtedness, as indicated by the Business Distress Code. Crisis Manager in over-indebtedness procedures and assistance in insolvency proceedings. I am also registered with the Register of Crisis Managers and the OCC of Latina.
I have developed solid experience at the De Felice Law Firm, working on bankruptcy proceedings and delegated real estate sales. I offer legal consultation in various areas, including commercial law, family law, civil liability, and debt recovery.
Graduated in Law from La Sapienza University in Rome, I continue to perfect myself through advanced courses and seminars on specific legal topics.
I offer remote legal consultation at the national level, thanks to the use of digital tools that allow consultation at a distance in complete security.

Form to request an appointment with Lawyer Liliana L’Aurora
Book a Meeting, in person or virtually  remotely for clients from Azzano Decimo, using virtual tools

Appointments Information

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