When the exposure becomes difficult to manage, the pressure is not only financial. It affects individuals, families and sole traders, not only companies.
Instalments, demands and enforcement actions can make it unclear what options remain.
Specific procedures exist to halt the pressure and restructure the debt position on a sustainable basis.
Over-indebtedness arises when accumulated obligations can no longer be sustained from available resources.
There is rarely a single moment of crisis. More often it is a progression: deadlines accumulate, margins narrow, decisions become harder to defer.
Standard measures are no longer sufficient.
L’ordinamento prevede procedure specifiche for individuals facing a state of over-indebtedness.
These include: consumer debt restructuring, minor composition, controlled liquidation, discharge of debts.
Access to these tools depends on the timing of intervention.
For the consumer debtor. Does not require creditor approval, but is subject to the court's assessment of the debtor's meritoriety.
Read more →Per lavoratori autonomi, professionisti, piccoli imprenditori. Requires approval by a majority of creditors.
Liquidation procedure with possible discharge of debts at conclusion for those who cannot access other forms of composition.
For the meritorious individual debtor who cannot offer any recovery to creditors.
Allows multiple members of the same family to address their position through a single joint procedure.
Identifying a procedure is not sufficient.
It is necessary to verify whether, at the current stage, the required conditions are still met — and with what residual margin.
It is necessary to assess whether, at this stage, the necessary conditions to access that procedure still exist.
Some options are not unavailable because they do not exist, but because they are no longer accessible at the point of intervention.
The intervention consists of a technical review of the situation: nature and composition of the debts, overall sustainability, access conditions for available procedures, remaining options.
The analysis determines which procedure remains viable.
Avv. Antonio d’Onofrio is a licensed Crisis Manager for Over-indebtedness under Ministerial Decree 202/2014.
A fully defined position is not required.
An evolving position can also be assessed, to determine whether intervention margins remain and which options are concretely available.
Assess the remaining options.Strictly confidential. No commitment.
Initial assessment within 24 hours. Request an initial assessment.