Debt restructuring in Napoli for Italians returning from the United States

Over-indebtedness procedures for those returning to Italy with domestic and cross-border debts

Debt restructuring in Napoli for Italian citizens returning from the United States


An Italian citizen who has resided in the United States and returns to Napoli burdened by debts — whether accumulated in Italy, in the US, or in both jurisdictions — may access the consumer debt restructuring procedures established by the Italian Insolvency Code (D.Lgs.
14/2019).
The firm evaluates the client's eligibility for the available procedures: the consumer restructuring plan (piano di ristrutturazione dei debiti del consumatore), the minor composition with creditors (concordato minore), or the controlled liquidation of assets with subsequent discharge.


Where the client has undergone US bankruptcy proceedings under Chapter 7 or Chapter 13, the interaction between the US discharge and Italian enforcement law must be carefully analysed.
Italian creditors may not be bound by a US bankruptcy discharge, and reciprocally, debts discharged in Italy may have implications for the client's US tax obligations.
The firm provides coordinated advice addressing both jurisdictions.


How to proceed — preliminary consultation


The first recommended step is to schedule a thirty-minute preliminary consultation, available in English, to assess the overall debt situation, determine eligibility for Italian debt relief procedures, and outline the recommended strategy.
The consultation is conducted via secure videoconference.


Book a consultation with L’Aurora Law Firm
  • The L'Aurora Law Firm is available for those requiring highly professional virtual legal consultation and personalized solutions in Napoli. We offer a rich range of customized legal services suitable to satisfy the needs of private individuals, companies and professionals.
  • We remain always updated on legislative developments and the most recent judicial trends, ensuring comprehensive, personalized and cutting-edge assistance. Every client is unique and has specific needs, which is why we offer customized and strategic consultations, designed to resolve legal matters quickly and with maximum effectiveness, both in the private sphere and in professional and business contexts.
  • Our approach is based on a meticulous, thorough and detailed analysis of each situation, providing practical, concrete solutions always aimed at protecting the interests and rights of our clients. We are convinced that mutual trust, absolute transparency and clear communication are the keys to building a solid and lasting professional relationship, therefore we guarantee open, constant and direct dialogue with our clients, keeping them punctually informed at every stage of proceedings.
  • We offer qualified virtual legal consultation in Napoli and in the region of Campania, operating competently in numerous sectors of law, including civil, commercial, corporate, labor and criminal. Whether it involves complex contractual disputes, family issues or business litigation, we are ready to provide you with all the professional legal support you need to face every challenge with confidence and serenity.
  • We operate with dedication, expertise and professional rigor to achieve concrete and measurable results, always with the primary objective of ensuring the complete legal protection and safeguarding of our clients' rights. Contact us for an initial introductory meeting and discover how we can assist you in managing every legal matter with professionalism, precision and promptness.
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FAQ
  • Does the law firm handle legal matters related to Napoli?
    • The firm provides specialised legal counsel on matters involving Napoli and the surrounding territory — irrespective of the client's place of residence.
    • From property disputes to local regulations, employment law to family matters: should a case be connected to Napoli or neighbouring municipalities such as Casavatore, Calvizzano, Cercola, the firm is available to assist.
    • Consultations are conducted remotely via video call or telephone, without the need to attend the office in person.
    • Book a consultation →
  • Can legal assistance be obtained for a matter involving Napoli without residing there?
    • The firm handles legal matters connected to the territory of Napoli and surrounding municipalities, regardless of where the client is based.
    • Cases involving local real estate, commercial activities, contracts, inheritance and disputes tied to the following areas are fully covered: Casavatore, Calvizzano, Cercola, Massa di Somma, San Sebastiano al Vesuvio, Volla, San Giorgio a Cremano, Casandrino, Pollena Trocchia, Mugnano di Napoli.
    • The firm is available to provide qualified legal assistance tailored to each specific situation.
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  • Does the firm assist with online fraud, cryptocurrency scams, trading fraud or family law matters connected to Napoli?
    • The firm assists victims of online fraud, cryptocurrency scams and unauthorised trading platforms connected to the Napoli area, conducting a preliminary legal assessment to determine whether the conditions exist to pursue fund recovery, and providing support in filing complaints with the Postal Police.
    • The firm also handles family law matters — separation, divorce, child custody and contested inheritance — connected to the territory of Napoli and surrounding municipalities such as Casavatore, Calvizzano, Cercola.
    • Whether the client has been defrauded by a fraudulent broker, suffered losses through an abusive crypto platform, or requires legal support in a family dispute, a remote consultation can be arranged from any location.
    • Book a consultation for your case →
  • Does the firm provide legal assistance for over-indebtedness and debt crisis procedures connected to Napoli?
    • The firm offers specialised legal assistance for over-indebtedness procedures under Italian Law No. 3/2012 and the Business Crisis Code (D.Lgs. 14/2019), assisting both private individuals and sole traders connected to the Napoli area.
    • Available procedures include the debt restructuring plan, the consumer arrangement, and the controlled liquidation of assets — instruments designed to provide a lawful and structured resolution to situations of financial distress.
    • Clients residing in or holding assets within Casavatore, Calvizzano, Cercola, Massa di Somma, San Sebastiano al Vesuvio, Volla, San Giorgio a Cremano, Casandrino, Pollena Trocchia, Mugnano di Napoli and surrounding municipalities may access these procedures with the support of the firm.
    • Request a preliminary assessment →

INTERNATIONAL CLIENTS REQUIRING DEBT RESTRUCTURING ASSISTANCE IN NAPOLI


  • Cross-border insolvency between Italy and Germany or Switzerland — Napoli
    • An individual or entrepreneur with debts in both Italy and Germany or Switzerland and connections to Napoli may face concurrent insolvency proceedings across jurisdictions. The EU Insolvency Regulation determines the centre of main interests for jurisdictional purposes, while Swiss insolvency follows bilateral treaty provisions. The firm advises on the strategic selection of forum and the recognition of foreign proceedings before the court of Napoli, aiming to achieve the most favourable restructuring outcome for the client.
    • Schedule a preliminary consultation
  • Debt crisis management for Italian-Argentine and Italian-Brazilian citizens in Napoli
    • Citizens of Argentina or Brazil with Italian nationality who reside in or maintain economic ties to Napoli may access Italian debt relief procedures when facing financial crisis. The particular challenges in these cases include the documentation of debts contracted in South American jurisdictions, currency conversion considerations, and the coordination with Argentine or Brazilian creditors who may contest Italian proceedings. The firm provides specialised assistance in managing these complexities, leveraging experience with South American documentation and consular procedures to present a viable restructuring proposal.
    • Schedule a preliminary consultation
  • Debt restructuring in Napoli for Italian nationals returning from abroad
    • An Italian citizen who has resided in the United States, the United Kingdom, Canada, or Australia and returns to Napoli burdened by debts accumulated both domestically and abroad may access the consumer debt restructuring procedures introduced by the Italian Insolvency Code (D.Lgs. 14/2019). The firm evaluates eligibility for the controlled liquidation of assets, the composition with creditors, or the family debt restructuring plan, assisting the client in presenting a compliant proposal to the competent court of Napoli. Debts contracted abroad may be included where they are enforceable in Italy.
    • Schedule a preliminary consultation
  • Family debt restructuring plan for residents of Napoli
    • The family composition plan under the Italian Insolvency Code enables the over-indebted consumer residing in Napoli to propose a structured repayment schedule to creditors, preserving essential family assets — including the primary residence — while achieving sustainable debt relief. The procedure, conducted before the competent court of the district encompassing Napoli, requires the appointment of an OCC (Organismo di Composizione della Crisi) and the preparation of a feasibility report. The firm assists from the initial assessment of indebtedness through to judicial approval, ensuring compliance with the stringent requirements that condition the court's acceptance of the plan.
    • Schedule a preliminary consultation
  • Over-indebtedness of Italian-Americans with assets in Napoli
    • Italian-American or Italian-Canadian nationals who maintain assets — typically inherited property — in Napoli or Napoli while facing personal financial difficulties in North America may need to protect their Italian assets from cross-border enforcement. Conversely, those returning to Italy may seek a fresh start through the Italian over-indebtedness procedures. The firm provides counsel on the interaction between US Chapter 7 or Chapter 13 proceedings and the Italian regime, with the aim of supporting a coherent position across both jurisdictions.
    • Schedule a preliminary consultation

FREQUENTLY ASKED QUESTIONS FROM INTERNATIONAL CLIENTS IN NAPOLI


  • Can an Italian citizen residing abroad access debt restructuring procedures in Napoli?
    • An Italian citizen with debts connected to Napoli or the province of Napoli — such as mortgage arrears, unpaid taxes, or business debts — may access Italian over-indebtedness procedures provided the centre of their economic interests or the debts' connection to the Italian jurisdiction can be demonstrated. The firm evaluates eligibility on a case-by-case basis.
    • Schedule a preliminary consultation
  • Does Italian debt restructuring affect debts owed in other countries?
    • Italian over-indebtedness procedures primarily affect debts governed by Italian law. However, under the EU Insolvency Regulation, the effects of proceedings opened in Italy extend to other EU member states. For debts in non-EU jurisdictions, recognition of the Italian procedure depends on bilateral treaties and local law.
    • Schedule a preliminary consultation
  • What is the difference between liquidazione controllata and piano del consumatore?
    • The piano del consumatore (consumer plan) allows the debtor to retain essential assets while restructuring debts over a defined period, subject to court approval. Liquidazione controllata involves the judicial sale of non-exempt assets, followed by potential discharge of residual debts. The firm recommends the procedure most suitable to the client's asset position and debt profile.
    • Schedule a preliminary consultation
  • How long does the debt restructuring process take at the court of Napoli?
    • Timelines vary depending on the procedure selected and the complexity of the case. A consumer restructuring plan typically requires three to six months for court approval, while controlled liquidation may take twelve to twenty-four months from filing to discharge. The firm provides a realistic timeline assessment at the initial consultation.
    • Schedule a preliminary consultation
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Appointments Information

The law firm of Liliana L’Aurora is located at Via Roma 116, Terracina (LT)