Sovraindebitamento familiare e legittimazione alla proposta di ristrutturazione

The l. 27 January 2012, n. 3, entitled «Provisions on usury and extortion, as well as the settlement of over-indebtedness crisis», introduced in the legislative system a regulatory instrument that allows the debtor “not fallible” to pursue the effect release from debt, without renouncing to the needs of everyday life. The technical means for the settlement of the debt has been identified in the restructuring of the debt between the creditor and the debtor, entered into a “settlement procedure of the crisis”, which is regulated by the legislature in an analytical way. The prerequisite for access to the procedure of restructuring is the situation of over-indebtedness of the beneficiary, the legislature defined in terms of “persistent imbalance” between the obligations and the highly liquid assets of the debtor, that is, between the total mass of the debt and the part of assets, allowing you to regularly fulfill our obligations. The effectiveness of the restructuring agreement is subject to the approval of the court of the place of residence or registered office of the debtor and membership-based creditors representing at least seventy percent of the credits. At a time of deep economic and financial crisis, marked by a rise in unemployment, a decline in consumer spending, a rise in the tax burden and the cost of access to services, the restructuring agreement tends to reconcile the reasons for the creditor and those of the debtor to facilitate the fulfillment of the debt and ensure a dignified life to the debtor and his family.