Over-indebtedness: there is a legal way out Italian Code of Business Crisis — former Law 3/2012

Italian law provides concrete tools to reduce debts and, in many cases, to have them discharged. The first step is understanding which path applies to your situation in Italy

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Have your debts become unmanageable?
There are legal solutions

  • Being in a state of over-indebtedness is a difficult situation, but it is not a dead end: Italian law provides specific tools to resolve it.
  • Every day, many people and families face unsustainable payments, constant demands from creditors, and the fear of enforcement proceedings. The longer you wait, the fewer options remain available.
  • The good news is that legal procedures specifically designed to reduce or discharge debt exist, both for consumers and for professionals and businesses. You do not need to know in advance which one applies to you: we will identify it together.

What are the main procedures?

Here is a brief overview of the tools provided by the Code of Business Crisis and Insolvency.

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For consumers

Debt restructuring plan for consumers

Debt discharge

Controlled liquidation of assets

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For professionals and small entrepreneurs

Minor composition agreement

Negotiated crisis composition (when applicable)

Debt discharge

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For businesses

Negotiated crisis composition

Preventive agreement in continuity

Liquidation procedures

La valutazione di quale procedura sia più adatta al suo caso verrà effettuata durante la consulenza preliminare

The most effective first step: the Preliminary Consultation

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During a dedicated meeting you will receive:

  • Preliminary analysis of your debt and asset situation
  • Assessment of eligibility for the procedures provided by law
  • Clear indication of the most suitable tool for your case
  • Overview of next steps and indicative timelines
  • Direct answers to your specific questions

At our Law Firm, you can receive qualified professional assistance for the preparation of the application to be submitted to a Debt Crisis Resolution Body (OCC).

An experienced lawyer will assist you in evaluating your financial situation and preparing all necessary documentation to access debt restructuring procedures, such as the Consumer Debt Restructuring Plan or the Debt Restructuring Agreement, with the aim of achieving a sustainable solution that respects the dignity of the debtor.

OCC No. 1
Roma

Organismo di Composizione della crisi da Sovraindebitabento - ODCEC di Roma

Via Flaminia, 328 /330 - Roma

Body registered under no. 1 of section A in the Register of Debt Crisis Resolution Bodies at the Italian Ministry of Justice.

OCC No. 34
Milano

Organismo di composizione della crisi da sovraindebitamento costituito presso l'Ordine degli Avvocati di Milano

Via Freguglia, 1 - Milano

Body registered under no. 34 of section A in the Register of Debt Crisis Resolution Bodies at the Italian Ministry of Justice.

OCC No. 47
Napoli

MEDI' OCC dell'ODCEC di Napoli

Piazza Dei Martiri, 30 - Napoli

Body registered under no. 47 of section A in the Register of Debt Crisis Resolution Bodies at the Italian Ministry of Justice.

  • WHAT RESULTS CAN YOU ACHIEVE?
    • In your region, the law provides different tools depending on your situation:
    • FOR CONSUMERS (natural persons not carrying on business)
      • Consumer debt restructuring
        Allows you to propose a sustainable repayment plan, calculated on your actual financial capacity. The goal is to protect your income and essential assets while reducing debt to a manageable level.
      • Debt discharge
        The mechanism that allows you to be freed from residual debt and start afresh. It is accessible after meeting specific requirements set by law, definitively overcoming the crisis.
      • Controlled liquidation
        In the most serious cases, an orderly procedure that allows creditors to be satisfied while closing the debt position, enabling you to start over.
    • FOR PROFESSIONALS AND SMALL BUSINESS OWNERS
      • Minor composition agreement
        A streamlined and rapid procedure that allows a significant reduction of debt, protecting professional income and personal financial stability.
      • Negotiated composition of crisis
        A flexible tool that allows the definition of a debt restructuring plan through direct negotiations with creditors, tailored to the specificities of your business and financial situation.
      • Debt discharge
        In certain cases, after going through the negotiated composition phase, it is possible to access the cancellation of residual debt, with the concrete possibility of starting afresh.
    • FOR ENTERPRISES (large and small)
      • Negotiated composition of crisis
        The central tool for restructuring business debt: a plan negotiated with creditors aimed at maintaining productive continuity and preserving jobs.
      • Preventive agreement in continuity
        Aimed especially at larger enterprises, it allows the drafting of 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 tools allow orderly liquidation of business assets to satisfy creditors, overcoming the stigma of bankruptcy.
  • How we can help you
    • HOW THE CONSULTATION WORKS
      • L'Aurora Law Firm assists individuals and families in managing over-indebtedness crises throughout Italy, with a clear process designed to help you face this situation one step at a time.
      • The process in 3 steps:
        1. Book the preliminary consultation online, choosing your preferred date and time.
        2. Speak with Lawyer L'Aurora — 30 minutes to analyse your situation, review key documents, and receive initial professional guidance.
        3. Receive concrete guidance on how to proceed; for any further engagement, you will receive a personalised and transparent fee estimate.
      • Preliminary consultation: €150 for 30 minutes — every case is different, and the procedure will be carefully assessed to verify its admissibility under current legislation.
      • Preliminary consultation — €150
    • WHAT IS OVER-INDEBTEDNESS?
      • Over-indebtedness occurs when accumulated debts exceed the ability to repay them: instalments, bills, tax demands, and loans that can no longer be sustained.
      • It is a condition that may seem hopeless, but Italian law recognises the right of those acting in good faith to restore balance and, in many cases, to obtain the discharge of residual debt.
      • Enforcement proceedings do not stop on their own. The longer you wait, the fewer options remain: a timely assessment broadens the solutions available.
      • Book the preliminary consultation
    • ASSISTANCE THROUGHOUT ITALY, CONVENIENTLY REMOTE
      • The management of the over-indebtedness crisis is handled by the Firm through a structured remote process, with the same effectiveness as an in-person meeting.
      • Every phase is followed with precision via videoconference, email and telephone, with attention to document security and constant assistance.
      • We are available not only in Terracina and the province of Latina, but also virtually throughout Italy, in the cities of Latina, Cassino, Anzio, Alatri, Sonnino, Minturno, Itri, Velletri, Ferentino, Mondragone, Veroli e Anagni.
      • As this is a nationally regulated procedure, distance does not affect the effectiveness of legal assistance.
      • Book the preliminary consultation
    • ACCESS STREAMLINED AND TARGETED LEGAL ASSISTANCE
      • We make available diverse support opportunities to address legal needs with practicality and consolidated professionalism.
      • Via Google Meet and WhatsApp, we operate virtually at Terracina and across the entire national scope, with qualified legal assistance accessible in every required circumstance.
      • PRELIMINARY Consultation — A 30-minute meeting to understand the situation, analyse the documents and provide an initial professional orientation.
      • STRATEGIC Consultation — A 60-minute rigorous investigation with complete strategy. Includes a 30-minute Follow-Up for developments and new information.

Book a preliminary online consultation

“Making the wrong decision can cost thousands of euros A targeted consultation can help you avoid it”

What does the consultancy service include?

In Italy, Here is a brief overview of the tools provided by the Code of Business Crisis and Insolvency.

  • 1. CONSUMER DEBT RESTRUCTURING
    • Who can access it
      • Consumers (natural persons not carrying on business)
      • Debtors acting in good faith with unsustainable debt
      • Those who need a repayment plan based on their actual capacity
    • What you can achieve
      • A sustainable repayment plan, calculated on your actual financial capacity, with a reduction of the overall amount owed.
      • Protection of your income and essential assets during the procedure.
      • The possibility of halting ongoing enforcement actions (seizures, payment orders).
      • How does it work?
  • Preliminary consultation — €150
  • Estimate your debt reduction
  • 4. PREVENTIVE AGREEMENT IN CONTINUITY
    • Who can access it
      • Non-minor enterprises, especially those needing to preserve business continuity
      • Companies in crisis with significant assets and a need to maintain operations and jobs
    • What you can achieve
      • A restructuring plan that allows business operations to continue, preserving company value.
      • A balance between creditor protection and recovery of productive capacity.
      • The possibility of restructuring debt while preserving jobs and commercial relationships.
      • How does it work?
  • Preliminary consultation — €150
  • Estimate your debt reduction
  • 5. CONTROLLED LIQUIDATION
    • Who can access it
      • Debtors in an irreversible crisis who cannot access restructuring paths
      • Those who need to close their debt position in order to start afresh
    • What you can achieve
      • An orderly closure of the debt position through controlled distribution of assets.
      • Reduced time and costs compared to old bankruptcy proceedings.
      • The possibility of accessing debt discharge at the end of the procedure, for a genuine fresh start.
      • How do they work?
  • Preliminary consultation — €150
  • Estimate your debt reduction
  • WHAT CHANGED WITH THE CRISIS CODE
    • Greater flexibility
      The Crisis Code (Legislative Decree 14/2019) introduced greater flexibility in managing over-indebtedness crises, broadening the solutions available.
    • Easier access to debt discharge
      The process for accessing debt cancellation has been simplified, making it easier for consumers, professionals and small business owners who previously lacked adequate tools.
    • The purpose of the legislation
      These procedures are designed to offer a concrete way out to those who cannot access traditional insolvency proceedings, enabling them to resolve situations of serious financial difficulty and start afresh.
Book a consultation with L’Aurora Law Firm

HOW DO THE OVER-INDEBTEDNESS
MANAGEMENT PROCEDURES WORK?

  • CONSUMER DEBT RESTRUCTURING

    • Initial assessment
      • Financial documents are gathered and the overall debt situation and repayment capacity are assessed.
    • Plan definition
      • A restructuring proposal is developed, calibrated to your situation, with realistic and sustainable objectives.
    • Submission to the court
      • The plan is submitted for court approval, with a possible request to suspend ongoing enforcement proceedings.
    • Plan execution
      • Once approved, the plan is implemented according to the terms and timelines established, allowing the debt situation to be resolved.
  • DEBT DISCHARGE

    • Verification of requirements
      • Verification that merit requirements are met and necessary documentation is collected (financial statements, declarations, etc.).
    • Application submission
      • The request is submitted to the competent body, with all supporting documentation.
    • Required compliance steps
      • Completion of any compliance requirements provided for by law (informational meetings, supplementary documentation).
    • Obtaining the fresh start
      • Residual debt is partially or fully cancelled, enabling a fresh financial start.
  • MINOR COMPOSITION AGREEMENT

    • Document preparation
      • Collection of information and financial documents, with the Lawyer's support.
    • Proposal drafting
      • A composition proposal with clear objectives is developed, calibrated to the actual situation.
    • Creditor vote
      • The proposal is presented to creditors for voting, under the supervision of the OCC (Crisis Composition Body).
    • Approval and implementation
      • The court approves the plan, which is then implemented to achieve the agreed debt reduction.
  • PREVENTIVE AGREEMENT IN CONTINUITY

    • In-depth business analysis
      • Collection of up-to-date financial statements and documentation to assess the state of the business and restructuring prospects.
    • Restructuring plan drafting
      • Development of a plan providing for continuation of business operations, balancing creditor needs with continuity safeguards.
    • Meetings and negotiations
      • Discussions with creditors and, where necessary, with specialist professionals to define the terms of the plan.
    • Submission to the court
      • The plan is submitted for court approval, activating the restructuring procedure with protection from enforcement actions.
  • CONTROLLED LIQUIDATION

    • Situation assessment
      • In-depth analysis to determine whether restructuring is no longer viable and liquidation is the most appropriate solution.
    • Application preparation
      • Collection of necessary documentation and submission of the request to the court.
    • Liquidation process
      • Realisation of assets through a controlled and transparent procedure to satisfy creditors.
    • Closure and possible discharge
      • Formal conclusion of the proceeding, with the possibility of accessing debt discharge for cancellation of residual debt.
Book a consultation with L’Aurora Law Firm

THE FIRM | WHO WE ARE


  • The L'Aurora Law Firm is available for those seeking professional legal assistance and personalized solutions throughout Italy. We offer a wide range of customized legal services designed to effectively satisfy 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 has specific needs, which is why we strive to provide customized consultations, aimed at resolving legal issues that may arise in daily life or in professional and business contexts in the most effective, timely and professional manner possible.
  • Our approach is based on a thorough, meticulous and detailed analysis of each case, offering practical, concrete solutions always aimed at protecting and safeguarding the rights and interests of our clients. We firmly believe that a good and solid professional relationship is founded on mutual trust, absolute transparency and clear communication, and for this reason we maintain constant, open and direct dialogue with our clients, updating them punctually at every stage of proceedings.
  • We offer qualified consultation and legal assistance throughout the national territory in various sectors of law, including civil, commercial, corporate, labor and criminal law. Whether it involves a complex contractual dispute, a family law matter or business litigation, we are ready to provide all necessary professional support to face every legal challenge with confidence, serenity and complete awareness.
  • We work with passion, dedication and professional rigor to achieve concrete and measurable results, always with the primary objective of ensuring the full protection and safeguarding of our clients' rights. Contact us for an initial introductory consultation and discover how we can help you protect your rights and resolve every legal matter with expertise, professionalism and promptness.

INSIGHTS FAQ


  • How does the minor concordat protect small entrepreneurs?
    • The Minor Concordat offers small entrepreneurs protection from bankruptcy while enabling debt reorganisation. Creditors receive payment according to the approved plan.
  • What documentation is required for a consumer plan application?
    • Required documents include proof of income, list of debts, financial statements, and proposed payment schedule. Complete documentation strengthens approval chances.
  • Can the crisis composition agreement be modified after approval?
    • Yes, if circumstances change significantly, the agreement can be modified through court proceedings. Changes must be approved by the judge and, if substantial, by creditors.
  • What happens to tax debts in debt restructuring?
    • Tax debts are included in restructuring plans and must be addressed. They are generally not dischargeable unless specifically included in the judicial approval.
  • How are creditors notified of the restructuring plan?
    • The court issues formal notice to all creditors, informing them of the plan and providing opportunity to object or vote depending on the procedure type.
  • Can I file for controlled liquidation while employed?
    • Yes, employed individuals can request controlled liquidation. Employment income is considered when calculating payment capacity and designing the debt plan.
  • What is the role of the certified mediator in crisis composition?
    • The certified mediator facilitates negotiations between debtor and creditors, drafts the agreement, and presents it to the judge for homologation.
  • Are there any exceptions to debt discharge eligibility?
    • Individuals who have engaged in fraud or gross negligence may be denied discharge. Additionally, dishonoured checks and certain criminal debts may not be dischargeable.
  • How does the plan protect against creditor harassment?
    • Once a debt restructuring plan is judicially approved, creditors must cease enforcement actions and follow the plan terms. Violations can result in legal consequences.
  • Can I access multiple restructuring procedures simultaneously?
    • Generally, debtors should choose one primary procedure. However, circumstances may allow combined approaches under professional guidance.
  • What happens to the debtor after debt discharge is granted?
    • After debt discharge, the debtor's obligations are legally cancelled. They can rebuild their financial life, though credit report impact remains temporary.
FAQ
  • Does the law firm handle legal matters related to Terracina?
    • The firm provides specialised legal counsel on matters involving Terracina and the surrounding territory — irrespective of the client's place of residence.
    • From property disputes to local regulations, employment law to family matters: should a case be connected to Terracina or neighbouring municipalities such as Sperlonga, Monte San Biagio, Roccasecca dei Volsci, the firm is available to assist.
    • Consultations are conducted remotely via video call or telephone, without the need to attend the office in person.
    • Book a consultation →
  • Can legal assistance be obtained for a matter involving Terracina without residing there?
    • The firm handles legal matters connected to the territory of Terracina and surrounding municipalities, regardless of where the client is based.
    • Cases involving local real estate, commercial activities, contracts, inheritance and disputes tied to the following areas are fully covered: Sperlonga, Monte San Biagio, Roccasecca dei Volsci, Vallecorsa, Campodimele, Prossedi, Sonnino, Villa Santo Stefano, Amaseno, Lenola.
    • The firm is available to provide qualified legal assistance tailored to each specific situation.
    • Choose date and time →
  • Does the firm assist with online fraud, cryptocurrency scams, trading fraud or family law matters connected to Terracina?
    • The firm assists victims of online fraud, cryptocurrency scams and unauthorised trading platforms connected to the Terracina area, conducting a preliminary legal assessment to determine whether the conditions exist to pursue fund recovery, and providing support in filing complaints with the Postal Police.
    • The firm also handles family law matters — separation, divorce, child custody and contested inheritance — connected to the territory of Terracina and surrounding municipalities such as Sperlonga, Monte San Biagio, Roccasecca dei Volsci.
    • Whether the client has been defrauded by a fraudulent broker, suffered losses through an abusive crypto platform, or requires legal support in a family dispute, a remote consultation can be arranged from any location.
    • Book a consultation for your case →
  • Does the firm provide legal assistance for over-indebtedness and debt crisis procedures connected to Terracina?
    • The firm offers specialised legal assistance for over-indebtedness procedures under Italian Law No. 3/2012 and the Business Crisis Code (D.Lgs. 14/2019), assisting both private individuals and sole traders connected to the Terracina area.
    • Available procedures include the debt restructuring plan, the consumer arrangement, and the controlled liquidation of assets — instruments designed to provide a lawful and structured resolution to situations of financial distress.
    • Clients residing in or holding assets within Sperlonga, Monte San Biagio, Roccasecca dei Volsci, Vallecorsa, Campodimele, Prossedi, Sonnino, Villa Santo Stefano, Amaseno, Lenola and surrounding municipalities may access these procedures with the support of the firm.
    • Request a preliminary assessment →
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Appointments Information

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