Personal debt restructuring procedures in Italy for individuals and consumers under the CCII. Eligibility, process and practical implications.
Personal debt restructuring becomes necessary when accumulated obligations can no longer be met from available income and assets — affecting consumers, sole traders or professional practitioners with mixed personal and business liabilities.
The CCII provides three primary tools: (1) consumer debt restructuring plan (Article 67 CCII) — does not require creditor approval; (2) minor composition proceedings (concordato minore, Article 74 CCII); (3) controlled liquidation (liquidazione controllata, Article 268 CCII).
The Correttivo-ter (D.Lgs. 136/2024) clarified eligibility conditions and simplified procedural requirements.
Reference: CCII — D.Lgs. 14/2019 on Normattiva.
Cass. civ., sez. I, [verificare estremi]: on the distinction between consumer and non-consumer debtors under Article 67 CCII.
Trib. Napoli [verificare estremi]: confirmed eligibility for the consumer plan where obligations arose primarily from personal activities.
De Matteis, in Diritto della Crisi], on personal insolvency tools under the CCII.
The consumer plan under Article 67 CCII does not require creditor approval — confirmed by the court if the plan is feasible and the debtor is meritorious.
The OCC (Organismo di Composizione della Crisi) verifies eligibility, prepares the position statement and assists in the procedure.
See: personal insolvency in Italy.
Early access — before enforcement actions crystallise — preserves the debtor's position and the range of available instruments.
See: restructuring lawyers in Italy.
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Related: personal insolvency Italy · can personal debts be cancelled Italy · restructuring lawyers Italy
This article is for informational purposes only and does not constitute legal advice.