LA “CRISI” DELLE PROCEDURE DI RIMEDIO AL SOVRAINDEBITAMENTO(E DEGLI ACCORDI DI RISTRUTTURAZIONE DEI DEBITI)

The essay analyzes cases of non fulfilment concerning procedures of over-indebtedness crisis composition, provided in Italy, for consumer and other debtors exempted from common bankruptcy procedures, by Act 27 January 2012 n. 3, as a consequence of negligence or impossibility in fulfilling obligations of the relevant program or plan, or of subsequent bankruptcy of the proposer, with the aim of answering to some questions in a possible systematic logic. For this purpose, it makes a comparison with the techniques of composition with creditors, reorganization and adjustment of debts provided by the Italian Bankruptcy Act; and in this perspective explores the possibility to solve two specific issues, related to effects of subsequent bankruptcy on compositions with creditors according to section 182-bis of Bankruptcy Act, and to the significance of single debts non-fulfilments on the persistence or dissolution of the over-indebtedness composition procedure.