Managing Overindebtedness Crisis
Law 3/2012
Structured and personalized legal solutions aimed at restoring financial and legal balance in the territory of Rovigo, using virtual tools
DEBT RESTRUCTURING PROCEDURES IN ROVIGO
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 Rovigo:
- Calculate your debt reduction now
- HOW TO GET OUT?
- In the region of Veneto 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 Codigoro, Cavarzere, Jolanda di Savoia, Lagosanto, Chioggia, Cona, Fiscaglia, Pettorazza Grimani, Gavello, Riva del Po, Crespino e Villadose.
- As this is a nationally regulated procedure, distance does not affect the effectiveness of legal intervention.
- Book your first meeting now
- FLEXIBLE AND RESPONSIVE LEGAL SUPPORT
- Our firm makes available different operational solutions to satisfy your legal needs with promptness and competence.
- Through long-distance communication platforms such as Google Meet and WhatsApp, we are operational in virtual mode at Rovigo and across the entire Italian territory, guaranteeing qualified legal support and available in every requested location.
- Introductory Meeting First meeting without consulting services. Purpose: to identify the needs and recognize the legal issue.
- Analysis and Evaluation Session of examination and evaluation of documents for an initial accurate investigation. Purpose: to outline with precision an operational strategy and offer initial consulting support.
- Strategic Consultation Detailed and priority treatment of documents comprehensive of consultation and 2 follow-ups. Purpose: to develop an exhaustive legal strategy and structure a detailed operational plan for complex situations.
- WHO WE ARE
In Rovigo, 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
- ANALYSIS OF FINANCIAL SITUATION
-
Tailored assistance and detailed evaluation of your finances to understand your over-indebtedness situation.
- CUSTOMIZED STRATEGIES
-
Personalized solution proposals to address over-indebtedness based on your specific needs.
- ASSISTANCE IN DEBT DISCHARGE PROCEDURE
-
Help in gathering and preparing all necessary documents to initiate the debt discharge procedure.
- LEGAL REPRESENTATION
-
Representation in court to ensure your rights are protected throughout the process.
- DEBT RESTRUCTURING AGREEMENT
-
Mediation and negotiation with creditors to obtain more favorable payment conditions.
- RESTRUCTURING PLAN
-
Development of a debt restructuring plan that is sustainable and acceptable to all parties involved.
- CONTINUOUS SUPPORT
-
Plan monitoring and continuous supervision to ensure the restructuring plan is followed and to make any necessary adjustments.
- EXPERTISE AND COMPETENCE
-
Years of experience in legal matters and over-indebtedness and debt restructuring issues.
- EMPATHETIC APPROACH
-
We understand the difficulties clients are facing and are committed to offering concrete support and solutions.
- PROVEN RESULTS
-
A track record of success in negotiating favorable agreements and helping clients regain control of their finances.
LEGAL SERVICES FOR OVER-INDEBTEDNESS IN ROVIGO
DEBT DISCHARGE AND DEBT RESTRUCTURING
THE FIRM | WHO WE ARE
- The L'Aurora Law Firm is available for those requiring professional virtual legal consultation and customized solutions in Rovigo. We offer a complete range of personalized legal services designed to effectively meet the needs of private individuals, businesses and professionals.
- We remain constantly updated on legislative developments and the most recent judicial trends, ensuring dedicated, targeted and cutting-edge assistance. Every client is special and has unique needs, which is why we dedicate ourselves to providing personalized and strategic consultations, with the objective of resolving legal issues in the most effective manner and in the shortest time possible, both in private and professional contexts.
- Our method is founded on a thorough, detailed and meticulous analysis of each case, providing practical, concrete solutions always oriented towards protecting the interests and rights of our clients. We believe that a solid professional relationship arises from mutual trust, clarity and maximum transparency, which is why we strive to maintain constant, open and transparent dialogue with our clients, updating them step by step throughout proceedings.
- We provide qualified virtual legal consultation in Rovigo and in the region of Veneto in various areas of law, including civil, commercial, corporate, labor and criminal law. Whether it involves complex contractual disputes, family law matters or business disputes, we are by your side with expertise and dedication to help you overcome every legal challenge with confidence, serenity and tranquility.
- We operate with constant commitment, passion and professional rigor to achieve tangible and concrete results, always aiming at the complete protection and safeguarding of our clients. Contact us for an initial consultation and discover how we can support you in protecting your rights and resolving your legal matters with expertise, precision and professionalism.
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.
- 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 Rovigo, Taglio di Po, Porto Viro, Mesola, Rosolina, Loreo, Porto Tolle, Ariano nel Polesine, Goro, Adria, Codigoro e Cavarzere.
- Initial consultation meeting
I am Lawyer Liliana L’Aurora, registered with the Bar Association of Latina, with specific expertise in business distress law, insolvency and over-indebtedness, in line with the Business Distress Code. Crisis Manager in over-indebtedness procedures and legal assistance in insolvency proceedings. I am registered with the Register of Crisis Managers and the OCC of Latina.
Professional experience acquired at the De Felice Law Firm, with particular attention to bankruptcy proceedings and real estate sales. I provide consultation to businesses and private individuals in various sectors, including commercial law, family law, and civil liability.
Graduated in Law from La Sapienza University in Rome, I continue to perfect myself through advanced training courses, such as those for Crisis Managers on Over-indebtedness and the Business Distress Code.
I operate virtually throughout the national territory, using digital technologies to offer secure and remote legal consultations.