Managing Overindebtedness Crisis
Law 3/2012

Structured and personalized legal solutions aimed at restoring financial and legal balance in the territory of Delianuova, using virtual tools

DEBT RESTRUCTURING PROCEDURES IN DELIANUOVA

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 the region of Calabria 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 San Roberto, San Luca, Scilla, Careri, Cittanova, Benestare, Rizziconi, Antonimina, Gioia Tauro, Cardeto, Ardore e Campo Calabro.
      • 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
      • Scheduling an appointment with our law firm is simple and quick. You can contact us through the website, call us or send us a message on WhatsApp Business.
      • We operate virtually throughout the national territory, including Delianuova, using platforms such as Google Meet and WhatsApp to offer you professional legal service wherever you need it.
      • Free introductory meeting
        Preliminary consultation free without commitment, free of formal consultation activity. Objective: explore your needs and define the most suitable path.
      • Evaluation meeting
        Meeting priority on a paid basis with preliminary analysis of documentation provided in advance. Objective: clearly and in appropriate times define a targeted action plan.
      • Strategic consultation
        In-depth and priority study of documentation with personalized consultation. Objective: provide a comprehensive strategic evaluation with definition of a detailed action plan for complex situations.

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In Delianuova, 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 excellent virtual legal assistance and ad hoc solutions in Delianuova. 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 Delianuova and in the region of Calabria 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.
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INSIGHTS FAQ


  • How are international debts handled in restructuring?
    • International debts can be included in restructuring plans, though enforcement requires coordinated legal action across jurisdictions. Professional guidance is essential.
  • What is the role of debt consolidation in restructuring?
    • Debt consolidation combines multiple debts into a single payment, often reducing interest rates and simplifying management within restructuring plans.
  • Can creditors force restructuring on reluctant debtors?
    • Generally, debtors initiate restructuring, though creditors may propose it. Debtors have rights to refuse unfavorable terms and seek alternative solutions.
  • How does employment change affect the restructuring plan?
    • Employment changes (job loss, promotion, career change) can trigger plan modifications. Debtors must report significant changes to ensure plan sustainability.
  • What protections exist during restructuring implementation?
    • Legal protections include creditor communication restrictions, cease collection requirements, and interest rate freezes once the plan is approved.
  • Can restructuring plans include asset sales?
    • Yes, plans may include strategic asset sales to generate repayment funds. Assets are typically sold in an orderly manner to maximize recovery.
  • How does the judge evaluate plan sustainability?
    • Judges assess income stability, payment feasibility, market conditions, and debtor circumstances to determine if plans are genuinely sustainable.
  • What happens to utility debts in restructuring?
    • Utility debts (electricity, water, gas) are typically included. Plans often prioritize these to maintain essential services during restructuring.
  • Can restructuring prevent home foreclosure?
    • Yes, restructuring plans can include mortgage modifications or foreclosure prevention through payment extension agreements with lenders.
  • How does fraud detection work in restructuring applications?
    • Courts apply fraud detection procedures including income verification and asset investigation. Fraudulent applications result in case dismissal and potential criminal charges.
  • What is the timeline for restructuring plan completion?
    • Restructuring timelines typically range from 3-8 years, with variations based on debt amount, payment capacity, and specific circumstances.
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I am Lawyer Liliana L’Aurora, registered with the Bar Association of Latina, with experience in business distress law, insolvency and over-indebtedness, in compliance with the Business Distress Code. Crisis Manager in over-indebtedness procedures, as well as in insolvency proceedings. I am also registered with the Register of Crisis Managers and the OCC at the Bar Association of Latina.
I have acquired extensive experience working at the De Felice Law Firm, with particular focus on bankruptcy proceedings and real estate sales. I offer legal consultation in various sectors, including commercial law, family law, debt recovery, and civil liability.
Graduated in Law from La Sapienza University in Rome, I continue to train through advanced specialization courses, including those on business distress issues.
I provide remote legal assistance throughout the Country, thanks to the use of advanced digital tools to ensure safe and agile service at a distance.

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Appointments Information

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