OVER-INDEBTEDNESS AND BUSINESS CRISIS

THE CORPORATE CRISIS AND INSOLVENCY CODE

With regard to the subject matter and scope, the provisions of the Code of Crisis and Insolvency govern the state of crisis or insolvency of any debtor, including consumers, professionals and entrepreneurs of any size and nature, also agricultural, operating as a natural person, legal entity or other collective body, group of undertakings or public company, with the exclusion of public entities only.

The Code introduces the notion of crisis, understood as a state of economic and financial difficulties that makes the insolvency of the debtor likely and that for companies is manifested as inadequate cash flows to meet the obligations regularly.

The negotiated settlement of the business crisis, the objective of which is to overcome the company’s imbalance situation before insolvency occurs, takes the form of out-of-court proceedings.

We assist you in finding effective solutions in identifying the best tool to manage and overcome the crisis of the company: performing management of the crisis and if there are no conditions in the procedures of debt and insolvency restructuring.

The objective is that the company continues to carry on its business by lightening its debt position and achieving a new economic-financial balance.

The firm deals with bankruptcies, now court settlements, revocation actions, compliance or compliance of business activities with regulatory provisions, regulations, procedures, codes of conduct and crisis warning systems, as well as all the crisis and insolvency management procedures.

We provide ongoing advice that accompanies the company from the first signs of the crisis to its solution, whichever one is set up by the CCI.

In the exercise of this advisory and/or containment function, we provide you with assistance for the analysis of company assets, in relation to short, medium and long-term financial debt; study and implementation of actions aimed at the conservation of the company’s assets and its possible further enhancement; guidance and entrepreneurial choices with a view to protecting creditors.

THE CORPORATE CRISIS AND INSOLVENCY CODE​

With regard to the subject matter and scope, the provisions of the Code of Crisis and Insolvency govern the state of crisis or insolvency of any debtor, including consumers, professionals and entrepreneurs of any size and nature, also agricultural, operating as a natural person, legal entity or other collective body, group of undertakings or public company, with the exclusion of public entities only.

The Code introduces the notion of crisis, understood as a state of economic and financial difficulties that makes the insolvency of the debtor likely and that for companies is manifested as inadequate cash flows to meet the obligations regularly.

The negotiated settlement of the business crisis, the objective of which is to overcome the company’s imbalance situation before insolvency occurs, takes the form of out-of-court proceedings.

We assist you in finding effective solutions in identifying the best tool to manage and overcome the crisis of the company: performing management of the crisis and if there are no conditions in the procedures of debt and insolvency restructuring.

The objective is that the company continues to carry on its business by lightening its debt position and achieving a new economic-financial balance.

The firm deals with bankruptcies, now court settlements, revocation actions, compliance or compliance of business activities with regulatory provisions, regulations, procedures, codes of conduct and crisis warning systems, as well as all the crisis and insolvency management procedures.

We provide ongoing advice that accompanies the company from the first signs of the crisis to its solution, whichever one is set up by the CCI.

In the exercise of this advisory and/or containment function, we provide you with assistance for the analysis of company assets, in relation to short, medium and long-term financial debt; study and implementation of actions aimed at the conservation of the company’s assets and its possible further enhancement; guidance and entrepreneurial choices with a view to protecting creditors.

THE CORPORATE CRISIS AND INSOLVENCY CODE

We assist consumers, professionals and small entrepreneurs not fallible in the procedures of over-indebtedness or in that critical situation in which the debts exceed the available incomes. The procedures of over-indebtedness can also be accessed by members who are unlimited responsible for companies of commercial persons (s.n.c. and s.a.s.) and limited partnerships for shares, for debts unrelated to those of society. The procedures are as follows:
  • The Consumer Plan which is the procedure dedicated only and exclusively to those who do not have a VAT number; therefore, to simple consumers who have a mortgage or other funding behind and can not pay them.
  • Debt rescheduling agreement is a procedure dedicated to businesses and the liberal professions; We assist you in trying to find an agreement with creditors with the preparation of a recovery plan so that it is approved by at least 60% of your creditors and then approved by the competent Court.
  • Liquidation of assets is a procedure dedicated to all, consumers, businesses and freelancers, is not a real settlement agreement but the sale of all assets to settle debts.
  • Exculpatotion of the lapsed debtor: it is reserved for persons who currently have nothing to offer to creditors, the procedure remains open for four years during which the economic sphere of the subject freed from debts is monitored.

THE CORPORATE CRISIS AND INSOLVENCY CODE

We assist consumers, professionals and small entrepreneurs not fallible in the procedures of over-indebtedness or in that critical situation in which the debts exceed the available incomes. The procedures of over-indebtedness can also be accessed by members who are unlimited responsible for companies of commercial persons (s.n.c. and s.a.s.) and limited partnerships for shares, for debts unrelated to those of society. The procedures are as follows:
  • The Consumer Plan which is the procedure dedicated only and exclusively to those who do not have a VAT number; therefore, to simple consumers who have a mortgage or other funding behind and can not pay them.
  • Debt rescheduling agreement is a procedure dedicated to businesses and the liberal professions; We assist you in trying to find an agreement with creditors with the preparation of a recovery plan so that it is approved by at least 60% of your creditors and then approved by the competent Court.
  • Liquidation of assets is a procedure dedicated to all, consumers, businesses and freelancers, is not a real settlement agreement but the sale of all assets to settle debts.
  • Exculpatotion of the lapsed debtor: it is reserved for persons who currently have nothing to offer to creditors, the procedure remains open for four years during which the economic sphere of the subject freed from debts is monitored.
RSS Diritto e Giustizia
Scroll to Top
Call Now Button