Managing Overindebtedness Crisis
Law 3/2012
Structured and personalized legal solutions aimed at restoring financial and legal balance in the territory of Monserrato, using virtual tools
DEBT RESTRUCTURING PROCEDURES IN MONSERRATO
Being in a state of overindebtedness can be difficult, but there are tools to manage it.
- Every day, many people and companies face apparently insurmountable financial difficulties.
- The good news is that legal solutions and procedures specifically designed to manage and resolve these issues exist, both for consumers and for professionals and businesses. In the province of Cagliari:
- Calculate your debt reduction now
- HOW TO GET OUT?
- In the region of Sardegna 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.
- Negotiated composition of personal crisis
- 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.
- Simplified agreement
- 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.
- Negotiated composition of crisis
- 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 Assemini, Dolianova, Ussana, San Sperate, Decimomannu, Monastir, Uta, Capoterra, Donori, Villaspeciosa, Burcei e Decimoputzu.
- 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
- At our law firm, scheduling an appointment is easy and immediate. You can contact us through the website, on WhatsApp Business or by phone.
- We are virtually operational throughout the national territory, including Monserrato, thanks to videoconferencing tools such as Google Meet and WhatsApp, to offer professional legal service wherever you need it.
-
Free introductory meeting
First consultation free and non-binding, without formal consultation activity. Objective: explore your needs and identify the most appropriate path. -
Evaluation meeting
Meeting priority with document examination preliminary and detailed. Objective: define a clear action plan in appropriate times. -
Strategic consultation
In-depth and priority study of documentation with custom consultation. Objective: provide a comprehensive strategic evaluation with detailed action plan for complex cases.
- WHO WE ARE
In Monserrato, 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.
- 1. NEGOTIATED COMPOSITION OF CRISIS
- Eligible subjects
- Consumers (natural persons not entrepreneurs)
- Professionals and small entrepreneurs
- Minor enterprises
- Features
- Allows debt restructuring through direct negotiations with creditors.
- Offers a flexible and personalized restructuring plan.
- Promotes rapid intervention to contain crisis worsening.
- How does it work?
- Eligible subjects
- Initial consultation meeting
- Calculate your debt reduction now
- Back to top
- 2. DEBT DISCHARGE
- Eligible subjects
- Consumers in crisis with specific requirements
- In some cases, also professionals and minor entrepreneurs
- Features
- Allows cancellation of residual debt (fresh start) after meeting specific requirements.
- Requires compliance with specific regulatory thresholds and requirements.
- Promotes financial reinsertion with significant reduction of burdens.
- How does it work?
- Eligible subjects
- Initial consultation meeting
- Calculate your debt reduction now
- Back to top
- 3. SIMPLIFIED AGREEMENT
- Eligible subjects
- Subjects in crisis with reduced repayment capacity, particularly those of advanced age
- Consumers or businesses in conditions of moderate crisis
- Features
- Fast and agile procedure to obtain strong debt reduction.
- Simplified procedures compared to traditional agreement.
- Lower procedural costs and reduced implementation times.
- How does it work?
- Eligible subjects
- Initial consultation meeting
- Calculate your debt reduction now
- Back to top
- 4. PREVENTIVE AGREEMENT IN CONTINUITY
- Eligible subjects
- Non-minor enterprises, especially those that must preserve business continuity
- Companies in crisis with significant assets and need to maintain operations
- Features
- Restructuring planning that allows continuation of business operations.
- Balance between creditor protection and recovery of productive capacity.
- Structured approach with homologation of the restructuring plan.
- How does it work?
- Eligible subjects
- Initial consultation meeting
- Calculate your debt reduction now
- Back to top
- 5. JUDICIAL LIQUIDATION AND LIQUIDATORY AGREEMENT
- Eligible subjects
- Debtors in situation of irreversible crisis
- Subjects who cannot access restructuring pathways
- Features
- Liquidation procedure aimed at controlled distribution of assets.
- Simplified procedures to reduce time and costs of the procedure.
- Aims to satisfy creditors through asset liquidation, eliminating the social stigma of bankruptcy.
- How do they work?
- Eligible subjects
- Initial consultation meeting
- Calculate your debt reduction now
- Back to top
- 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
- Greater flexibility
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.
- Initial assessment
- 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.
- Verification of requirements
- 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.
- Document preparation
- 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.
- In-depth business analysis
- 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.
- Evaluation of the irreversible situation
- EVALUATION OF FINANCIAL CONDITION
-
Personalized consultation and in-depth analysis of your finances to better understand your over-indebtedness condition.
- PERSONALIZED SOLUTIONS
-
Tailored solution proposals to manage over-indebtedness based on your needs.
- SUPPORT IN DEBT DISCHARGE PROCEDURE
-
Assistance in preparing and collecting all necessary documentation to begin the debt discharge process.
- LEGAL PROTECTION
-
Legal defense in court to ensure your rights are respected throughout the entire process.
- DEBT RESTRUCTURING NEGOTIATION
-
Negotiations with creditors to obtain more advantageous payment conditions.
- RESTRUCTURING PLAN
-
Design of a debt restructuring plan that is sustainable and acceptable to all parties involved.
- CONTINUOUS ASSISTANCE
-
Constant monitoring of the plan and continuous support to ensure the restructuring plan is respected and to make any necessary adjustments.
- CONSOLIDATED EXPERIENCE
-
Years of legal practice and specific expertise in over-indebtedness and debt restructuring cases.
- EMPATHETIC APPROACH
-
We are aware of the difficulties our clients face and are committed to offering practical solutions and concrete support.
- CONCRETE RESULTS
-
A solid track record of success in negotiating advantageous solutions and helping clients regain control of their financial situation.
LEGAL ASSISTANCE FOR OVER-INDEBTEDNESS IN MONSERRATO
DEBT DISCHARGE AND DEBT PLANNING
THE FIRM | WHO WE ARE
- At the L'Aurora Law Firm we dedicate ourselves to providing an excellent legal service, built on expertise and experience, professional seriousness and constant attention to the client. We are able to successfully assist both private individuals and businesses in a wide range of complex legal matters, in Monserrato and surrounding areas.
- We are available for those seeking rapid, effective and concrete legal solutions. We offer qualified consultation and assistance in numerous areas of law, including civil, commercial, corporate, administrative and criminal law. Our objective is to provide personalized and targeted assistance, capable of perfectly adapting to each client's needs, carefully evaluating the particularities and specificities of each individual case.
- Our firm's approach is based on a careful preliminary analysis and a strategy aimed at efficient problem resolution. We believe that trust, transparency and clear communication are the fundamental pillars of the attorney-client relationship, and we strive to always maintain an open, direct and clear communication channel. We are convinced that an informed and aware client is a more serene client in their legal choices.
- Thanks to our consolidated experience and continuous professional training, we are always updated on the latest legislative developments and judicial trends, offering cutting-edge solutions and concrete and timely responses to every type of legal issue. Whether it is a complex litigation, strategic contract negotiation or preventive consultation, we are ready to assist you with professionalism, expertise and determination.
- The L'Aurora Law Firm offers a virtual service tailored to Monserrato, in the region of Sardegna, and aims to respond effectively, competently and promptly to your legal needs. For more information or to request personalized consultation, do not hesitate to contact us. We will be pleased to assist you at every stage of your legal journey, ensuring maximum commitment to protecting your rights and interests.
INSIGHTS FAQ
- How does the debt restructuring plan function for consumers?
- The plan permits consumers to propose payment modalities for debts according to their economic capacity. It may include reductions or extensions and is approved by the judge, even without creditor consent.
- What are the requirements for accessing the crisis composition agreement?
- The debtor must be a consumer, a small entrepreneur or fall within non-bankrupt categories. The agreement requires 60% creditor approval and judicial homologation.
- Who can request the controlled liquidation of the over-indebted?
- The request can be filed by consumers, small entrepreneurs, professionals and other non-bankrupt categories, either on debtor initiative or upon creditor request.
- What is debt discharge and how is it obtained?
- Debt discharge consists of cancellation of residual debts upon controlled liquidation completion and is granted to deserving debtors who have not acted with fraud or gross negligence.
- What are the benefits of the minor concordat for small entrepreneurs?
- The Minor Concordat offers small entrepreneurs the ability to present a debt payment plan that, if approved by creditors and homologated by the judge, avoids 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. In both cases, the judge must homologate the solution.
- How to access controlled liquidation if I have no assets to liquidate?
- Even without assets to liquidate, it is possible to initiate the procedure to close debts and, upon completion, obtain debt discharge. The OCC manages the entire process.
- How long does obtaining debt discharge take?
- Times vary depending on the procedure, but once controlled liquidation is completed and judge's favorable opinion is obtained, debt discharge can be recognized in a few months.
- Can I propose a restructuring plan even if creditors disagree?
- 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 unsettled debts are zeroed at liquidation completion, except those that law excludes from discharge, 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, enforcement actions like garnishment are suspended, permitting agreed debt settlement.
- 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 Monserrato, Selargius, Quartucciu, Quartu Sant'Elena, Settimo San Pietro, Cagliari, Sestu, Sinnai, Maracalagonis, Elmas, Serdiana e Assemini.
- Initial consultation meeting
Lawyer Liliana L’Aurora, registered with the Bar Association of Latina, with experience in business distress law, over-indebtedness and insolvency, in compliance with the Business Distress Code. Crisis Manager for over-indebtedness and assistance in insolvency proceedings. I am also registered with the Register of Crisis Managers and the OCC of Latina.
I have acquired solid experience working at the De Felice Law Firm, with particular attention to bankruptcy proceedings and real estate sales. I offer legal consultations to private individuals and companies in various sectors, such as commercial law, family law, civil liability, and debt recovery.
Graduated in Law from La Sapienza University in Rome, I continue to participate in updating courses, including those for Crisis Managers and on the Business Distress Code.
I offer remote legal consultation at the national level, thanks to the use of advanced technologies that allow me to operate at a distance in complete security.