Managing Overindebtedness Crisis
Law 3/2012

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

DEBT RESTRUCTURING PROCEDURES IN FORLIMPOPOLI

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

  • HOW TO GET OUT?
    • In the region of Emilia Romagna 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
    • ACCESSING AGILE AND PRIORITY LEGAL SUPPORT
      • Our law firm allows you to schedule an appointment directly online, on WhatsApp Business or by phone. Thanks to the use of videoconferencing platforms such as Google Meet and WhatsApp, we are able to assist you virtually anywhere in Italy, guaranteeing a fast and efficient service, including Forlimpopoli.
      • Free introductory meeting
        Initial consultation free without commitment, free of formal consultation activity. Objective: define and explore the needs to move to the next step.
      • Evaluation meeting
        Meeting priority on a paid basis with preliminary analysis of documentation provided in advance. Objective: develop a clear action plan in appropriate times.
      • Strategic consultation
        In-depth and priority examination with personalized consultation. Objective: provide a detailed strategic evaluation with articulated action plan for complex situations.

In Forlimpopoli, 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.

THE FIRM | WHO WE ARE


  • The L'Aurora Law Firm is available for those seeking professional virtual legal assistance and customized solutions in Forlimpopoli. We offer a wide range of bespoke legal services designed to effectively meet 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 for this reason we strive to provide customized consultations, aimed at resolving legal issues that may arise in daily life or in the professional context in the most effective and timely manner possible.
  • Our approach is founded on a thorough and meticulous analysis of each case, offering practical and concrete solutions, always oriented towards protecting the rights and legitimate interests of our clients. We firmly believe that a solid professional relationship is built on mutual trust and maximum transparency, and for this reason we maintain constant and open dialogue with our clients, updating them punctually at every stage of proceedings.
  • We provide virtual consultation and qualified legal assistance in Forlimpopoli, in the region of Emilia Romagna, in various areas of law, including civil, commercial, corporate, labor and criminal law. Whether it is a contractual dispute, a family law matter or a corporate litigation, we are ready to provide all necessary support to face every legal challenge with confidence and serenity.
  • We work with passion, dedication and professional rigor to achieve concrete and measurable results, always with the primary objective of ensuring the full protection of our clients' rights. Contact us for an initial consultation and discover how we can help you protect your rights and resolve every legal matter with expertise and professionalism.
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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.
Form to request an appointment with Lawyer Liliana L’Aurora

I am Lawyer Liliana L’Aurora, registered with the Bar Association of Latina. I practice business distress law, over-indebtedness and insolvency, in compliance with the Business Distress Code provisions. 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 acquired experience collaborating at the De Felice Law Firm, focusing on bankruptcy proceedings and real estate sales. I support companies and private individuals in various sectors, such as commercial law, debt recovery, family law, and civil liability.
I obtained my Degree in Law from La Sapienza University in Rome, and I continue to perfect myself by participating in advanced training courses, such as those on business distress issues.
I operate virtually throughout the national territory, using digital tools to provide safe and remote legal consultations.

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Appointments Information

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