La liquidazione controllata del sovraindebitato nel Codice della crisi. Aspetti procedimentali e profili applicativi

In the first years of application of the Law no. 3/2012 the practices in use in the Courts have highlighted many controversial aspects of the legislation on over-indebtedness crises. With the introduction of controlled liquidation, the Code of the company crisis and insolvency introduces for the non-fallible debtor, even if he is a consumer in a state of over-indebtedness, the possibility of benefiting from a controlled liquidation procedure of his assets. This procedure aims to dispose of the assets of the over-indebted person to protect the creditors, but also the debtor himself. Based on a comparison between the old and new legislation, the objective of this paper is to illustrate the functioning and the principles that characterize the institute of controlled liquidation in terms of procedure and application effects.