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

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 Napoli

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Have your debts become unmanageable?
There are legal solutions IN NAPOLI

  • 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 may receive qualified professional assistance for the preparation of the application to be submitted to the competent Debt Crisis Resolution Body (OCC) in Napoli (Province of Napoli, Campania).

An experienced lawyer in the field of over-indebtedness will be able to assist you in assessing your financial situation and in preparing all the necessary documentation to access the procedures provided for by law...

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.

OCC No. 105
Napoli

O.C.C. del Consiglio dell'Ordine Degli Avvocati di Napoli

Piazza G. Falcone e P. Borsellino - Napoli

Body registered under no. 105 of section A in the Register of Debt Crisis Resolution Bodies at the Italian Ministry of Justice.

OCC No. 280
Napoli

A.P.S. PRESIDIUM DEBITORES DI NAPOLI (NA)

via G. Porzio n. 4, Centro Direzionale Isola G/1 scala D int. 56 - Napoli

Body registered under no. 280 of section A in the Register of Debt Crisis Resolution Bodies at the Italian Ministry of Justice.

  • WHAT RESULTS CAN YOU ACHIEVE?
    • In the region of Campania 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
    • GET FLEXIBLE AND REACTIVE LEGAL ADVICE
      • We propose diverse assistance forms to address your legal questions with versatility and certified professional competence.
      • Leveraging Google Meet and WhatsApp, we operate at Napoli and at national territorial level, with qualified legal assistance reachable in any required context.
      • PRELIMINARY Consultation — A 30-minute session to examine the situation, evaluate the documents and provide an initial legal orientation.
      • STRATEGIC Consultation — A 60-minute in-depth study with integral legal strategy. Includes a 30-minute Follow-Up for new developments.

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 Napoli, 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 requiring highly professional virtual legal consultation and personalized solutions in Napoli. We offer a rich range of customized legal services suitable to satisfy the needs of private individuals, companies and professionals.
  • We remain always updated on legislative developments and the most recent judicial trends, ensuring comprehensive, personalized and cutting-edge assistance. Every client is unique and has specific needs, which is why we offer customized and strategic consultations, designed to resolve legal matters quickly and with maximum effectiveness, both in the private sphere and in professional and business contexts.
  • Our approach is based on a meticulous, thorough and detailed analysis of each situation, providing practical, concrete solutions always aimed at protecting the interests and rights of our clients. We are convinced that mutual trust, absolute transparency and clear communication are the keys to building a solid and lasting professional relationship, therefore we guarantee open, constant and direct dialogue with our clients, keeping them punctually informed at every stage of proceedings.
  • We offer qualified virtual legal consultation in Napoli and in the region of Campania, operating competently in numerous sectors of law, including civil, commercial, corporate, labor and criminal. Whether it involves complex contractual disputes, family issues or business litigation, we are ready to provide you with all the professional legal support you need to face every challenge with confidence and serenity.
  • We operate with dedication, expertise and professional rigor to achieve concrete and measurable results, always with the primary objective of ensuring the complete legal protection and safeguarding of our clients' rights. Contact us for an initial introductory meeting and discover how we can assist you in managing every legal matter with professionalism, precision and promptness.

INSIGHTS FAQ


  • What is the procedure to access the consumer debt plan?
    • The consumer can present a debt management plan directly to the judge, proposing sustainable payment terms. The judge evaluates and approves it based on feasibility and fairness criteria.
  • What are the eligibility criteria for controlled liquidation?
    • Eligible candidates include consumers, small entrepreneurs, professionals and other non-bankrupt categories. No minimum debt amount is required.
  • How does judicial homologation work in debt restructuring?
    • Judicial homologation is the judge's approval of the restructuring plan, making it binding on creditors. It protects the debtor from enforcement actions.
  • Can creditors oppose a consumer plan?
    • Creditors can present objections, but the judge can still approve the plan if deemed sustainable and equitable, particularly if it offers better solutions than bankruptcy.
  • What costs are associated with crisis composition agreements?
    • The crisis composition agreement requires professional assistance from a certified mediator. Costs vary but are typically lower than bankruptcy procedures.
  • How is the OCC involved?
    • The OCC manages controlled liquidation, handles asset liquidation when present, and supervises compliance with the plan. It acts as the neutral mediator between debtor and creditors.
  • Can I request debt discharge if the plan fails?
    • If the restructuring plan fails due to debtor circumstances beyond control, you may still request debt discharge after demonstrating good faith efforts and genuine financial hardship.
  • What is the settlement period for controlled liquidation?
    • The settlement period varies from 3 to 8 years depending on the debtor's financial capacity and creditor agreements. Once completed, debt discharge can be obtained.
  • Are there any restrictions after obtaining debt discharge?
    • After debt discharge, debtors generally regain creditworthiness, though they may face temporary banking restrictions. These typically expire within 5–10 years.
  • Can professionals use the crisis composition agreement?
    • Yes, professionals not yet in bankruptcy can use the crisis composition agreement to restructure personal and business debts, provided they meet eligibility criteria.
  • What happens to secured debts in controlled liquidation?
    • Secured debts (mortgages, liens) are handled separately. Creditors maintain their security rights and may enforce them unless the plan specifically addresses them.
FAQ
  • Does the law firm handle legal matters related to Napoli?
    • The firm provides specialised legal counsel on matters involving Napoli 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 Napoli or neighbouring municipalities such as Casavatore, Calvizzano, Cercola, 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 Napoli without residing there?
    • The firm handles legal matters connected to the territory of Napoli 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: Casavatore, Calvizzano, Cercola, Massa di Somma, San Sebastiano al Vesuvio, Volla, San Giorgio a Cremano, Casandrino, Pollena Trocchia, Mugnano di Napoli.
    • 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 Napoli?
    • The firm assists victims of online fraud, cryptocurrency scams and unauthorised trading platforms connected to the Napoli 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 Napoli and surrounding municipalities such as Casavatore, Calvizzano, Cercola.
    • 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 Napoli?
    • 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 Napoli 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 Casavatore, Calvizzano, Cercola, Massa di Somma, San Sebastiano al Vesuvio, Volla, San Giorgio a Cremano, Casandrino, Pollena Trocchia, Mugnano di Napoli and surrounding municipalities may access these procedures with the support of the firm.
    • Request a preliminary assessment →

INTERNATIONAL CLIENTS REQUIRING DEBT RESTRUCTURING ASSISTANCE IN NAPOLI


  • Cross-border insolvency between Italy and Germany or Switzerland — Napoli
    • An individual or entrepreneur with debts in both Italy and Germany or Switzerland and connections to Napoli may face concurrent insolvency proceedings across jurisdictions. The EU Insolvency Regulation determines the centre of main interests for jurisdictional purposes, while Swiss insolvency follows bilateral treaty provisions. The firm advises on the strategic selection of forum and the recognition of foreign proceedings before the court of Napoli, aiming to achieve the most favourable restructuring outcome for the client.
    • Schedule a preliminary consultation
  • Debt crisis management for Italian-Argentine and Italian-Brazilian citizens in Napoli
    • Citizens of Argentina or Brazil with Italian nationality who reside in or maintain economic ties to Napoli may access Italian debt relief procedures when facing financial crisis. The particular challenges in these cases include the documentation of debts contracted in South American jurisdictions, currency conversion considerations, and the coordination with Argentine or Brazilian creditors who may contest Italian proceedings. The firm provides specialised assistance in managing these complexities, leveraging experience with South American documentation and consular procedures to present a viable restructuring proposal.
    • Schedule a preliminary consultation
  • Debt restructuring in Napoli for Italian nationals returning from abroad
    • An Italian citizen who has resided in the United States, the United Kingdom, Canada, or Australia and returns to Napoli burdened by debts accumulated both domestically and abroad may access the consumer debt restructuring procedures introduced by the Italian Insolvency Code (D.Lgs. 14/2019). The firm evaluates eligibility for the controlled liquidation of assets, the composition with creditors, or the family debt restructuring plan, assisting the client in presenting a compliant proposal to the competent court of Napoli. Debts contracted abroad may be included where they are enforceable in Italy.
    • Schedule a preliminary consultation
  • Family debt restructuring plan for residents of Napoli
    • The family composition plan under the Italian Insolvency Code enables the over-indebted consumer residing in Napoli to propose a structured repayment schedule to creditors, preserving essential family assets — including the primary residence — while achieving sustainable debt relief. The procedure, conducted before the competent court of the district encompassing Napoli, requires the appointment of an OCC (Organismo di Composizione della Crisi) and the preparation of a feasibility report. The firm assists from the initial assessment of indebtedness through to judicial approval, ensuring compliance with the stringent requirements that condition the court's acceptance of the plan.
    • Schedule a preliminary consultation
  • Over-indebtedness of Italian-Americans with assets in Napoli
    • Italian-American or Italian-Canadian nationals who maintain assets — typically inherited property — in Napoli or Napoli while facing personal financial difficulties in North America may need to protect their Italian assets from cross-border enforcement. Conversely, those returning to Italy may seek a fresh start through the Italian over-indebtedness procedures. The firm provides counsel on the interaction between US Chapter 7 or Chapter 13 proceedings and the Italian regime, with the aim of supporting a coherent position across both jurisdictions.
    • Schedule a preliminary consultation

FREQUENTLY ASKED QUESTIONS FROM INTERNATIONAL CLIENTS IN NAPOLI


  • Can an Italian citizen residing abroad access debt restructuring procedures in Napoli?
    • An Italian citizen with debts connected to Napoli or the province of Napoli — such as mortgage arrears, unpaid taxes, or business debts — may access Italian over-indebtedness procedures provided the centre of their economic interests or the debts' connection to the Italian jurisdiction can be demonstrated. The firm evaluates eligibility on a case-by-case basis.
    • Schedule a preliminary consultation
  • Does Italian debt restructuring affect debts owed in other countries?
    • Italian over-indebtedness procedures primarily affect debts governed by Italian law. However, under the EU Insolvency Regulation, the effects of proceedings opened in Italy extend to other EU member states. For debts in non-EU jurisdictions, recognition of the Italian procedure depends on bilateral treaties and local law.
    • Schedule a preliminary consultation
  • What is the difference between liquidazione controllata and piano del consumatore?
    • The piano del consumatore (consumer plan) allows the debtor to retain essential assets while restructuring debts over a defined period, subject to court approval. Liquidazione controllata involves the judicial sale of non-exempt assets, followed by potential discharge of residual debts. The firm recommends the procedure most suitable to the client's asset position and debt profile.
    • Schedule a preliminary consultation
  • How long does the debt restructuring process take at the court of Napoli?
    • Timelines vary depending on the procedure selected and the complexity of the case. A consumer restructuring plan typically requires three to six months for court approval, while controlled liquidation may take twelve to twenty-four months from filing to discharge. The firm provides a realistic timeline assessment at the initial consultation.
    • Schedule a preliminary consultation
Book a Meeting, in person or virtually at the office in Terracina or virtually for clients from Napoli

Appointments Information

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