Debt, settlements with creditors and over-indebtedness procedures

Reviewing the position

Assistance may include the reconstruction of:

• mortgages, financing and loans
• bank exposure
• revolving credit cards
• assignments of receivables
• debts owed to debt collection companies
• cartelle esattoriali (Italian tax collection notices)
• tax and social security debts
• decreti ingiuntivi (Italian payment orders)
• precetti (formal demands preceding enforcement)
• attachments (pignoramenti)
• enforcement proceedings
• guarantees and sureties

Agreements with creditors

Where the conditions are met, the following may be considered:

• saldo e stralcio (discounted lump-sum settlement)
• repayment plans
• instalment arrangements
• renegotiation of financing and loans
• debt management and repayment
• settlement agreements
• settling positions with banks, finance companies and debt collection companies

The aim is to assess solutions that are realistically sustainable in light of the client's financial and property situation.

Tax collection notices and the Agenzia delle Entrate-Riscossione

The Firm also assists in dealings with the Agenzia delle Entrate-Riscossione, the Italian tax collection agency, and with matters concerning the collection of debts. The work includes:

• review of the debt position and cartelle esattoriali (Italian tax collection notices)
• checking documents and service of notices
• assessment of limitation and time-bars
• duplicated amounts or amounts not owed
• applications to pay by instalments
• loss of the right to pay by instalments
• definizioni agevolate and rottamazioni (settlement and amnesty schemes provided for by the legislation in force)
• challenges to collection measures
• assistance with formal demands and attachments
• requests for review (istanze di riesame)
• dealings with the authorities concerned
• checking the grounds for suspending or cancelling a fermo amministrativo (administrative vehicle lien)
• checking mortgage registrations
• assistance with cancelling a mortgage registration, where the conditions are met
• identifying the possible ways of settling the debt position

Each position is examined individually to establish whether the amount claimed is actually owed and which forms of protection may be used.

Over-indebtedness procedures

Where the situation cannot be resolved through individual agreements, the instruments provided by law are considered, including, where the conditions are met:

• ristrutturazione dei debiti del consumatore (consumer debt restructuring plan)
• concordato minore (minor composition with creditors)
• liquidazione controllata (controlled liquidation)
• esdebitazione (discharge of the remaining debt)

The Firm assists in verifying that the conditions are met, in gathering the documents and in dealings with the Organismo di Composizione della Crisi (the crisis settlement body) and with the appointed Gestore.

The qualification of Gestore della crisi

Avv. Antonella Olivieri also holds the qualification of Gestore della crisi da sovraindebitamento.