Cross-border insolvency between Italy and Germany/Switzerland — Bologna

Management of concurrent proceedings and strategic forum selection in the province of Bologna

Cross-border insolvency between Italy and Germany or Switzerland — Bologna


An individual or entrepreneur with debts in both Italy and Germany or Switzerland and connections to Bologna may face concurrent insolvency proceedings.
The EU Insolvency Regulation (Regulation 2015/848) determines the centre of main interests for jurisdictional purposes in relation to Germany, while Swiss insolvency follows bilateral treaty provisions.
The strategic selection of the jurisdiction in which to open principal proceedings can materially affect the debtor's prospects for discharge and the treatment of specific creditor claims.


The firm advises on forum selection strategy, manages the Italian proceedings before the court of Bologna, and coordinates with the client's German or Swiss counsel to ensure a coherent cross-border approach that maximises the debtor's restructuring prospects.


How to proceed — preliminary consultation


The first recommended step is to schedule a thirty-minute preliminary consultation, available in English, to evaluate the cross-border debt situation and develop a coordinated insolvency strategy across the relevant jurisdictions.


  • The L'Aurora Law Firm is available for those requiring highly professional virtual legal consultation and personalized solutions in Bologna. 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.
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FAQ
  • Does the law firm handle legal matters related to Bologna?
    • The firm provides specialised legal counsel on matters involving Bologna 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 Bologna or neighbouring municipalities such as San Lazzaro di Savena, Casalecchio di Reno, Calderara di Reno, the firm is available to assist.
    • Consultations are conducted remotely via video call or telephone, without the need to attend the office in person.
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  • Can legal assistance be obtained for a matter involving Bologna without residing there?
    • The firm handles legal matters connected to the territory of Bologna 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: San Lazzaro di Savena, Casalecchio di Reno, Calderara di Reno, Castel Maggiore, Granarolo dell'Emilia, Castenaso, Zola Predosa, Pianoro, Ozzano dell'Emilia, Sasso Marconi.
    • 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 Bologna?
    • The firm assists victims of online fraud, cryptocurrency scams and unauthorised trading platforms connected to the Bologna 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 Bologna and surrounding municipalities such as San Lazzaro di Savena, Casalecchio di Reno, Calderara di Reno.
    • 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.
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  • Does the firm provide legal assistance for over-indebtedness and debt crisis procedures connected to Bologna?
    • 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 Bologna 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 San Lazzaro di Savena, Casalecchio di Reno, Calderara di Reno, Castel Maggiore, Granarolo dell'Emilia, Castenaso, Zola Predosa, Pianoro, Ozzano dell'Emilia, Sasso Marconi and surrounding municipalities may access these procedures with the support of the firm.
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INTERNATIONAL CLIENTS REQUIRING DEBT RESTRUCTURING ASSISTANCE IN BOLOGNA


  • Controlled liquidation of assets for over-indebted individuals in Bologna
    • Where a debt restructuring plan is not viable, the controlled liquidation procedure under Article 268 of the Italian Insolvency Code offers the over-indebted individual residing in Bologna the prospect of complete discharge from residual debts. The procedure entails the judicial sale of non-exempt assets under the supervision of the court of Bologna, with the subsequent release of the debtor from remaining obligations upon satisfaction of the legal conditions. The firm assists the client through the eligibility assessment, documentation, and the discharge application, which — if granted by the court — may represent a definitive resolution of the debt situation.
    • Schedule a preliminary consultation
  • Cross-border insolvency between Italy and Germany or Switzerland — Bologna
    • An individual or entrepreneur with debts in both Italy and Germany or Switzerland and connections to Bologna 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 Bologna, aiming to achieve the most favourable restructuring outcome for the client.
    • Schedule a preliminary consultation
  • Debt restructuring in Bologna 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 Bologna 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 Bologna. Debts contracted abroad may be included where they are enforceable in Italy.
    • Schedule a preliminary consultation
  • Debt crisis management for Italian-Argentine and Italian-Brazilian citizens in Bologna
    • Citizens of Argentina or Brazil with Italian nationality who reside in or maintain economic ties to Bologna 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
  • Over-indebtedness of Italian-Americans with assets in Bologna
    • Italian-American or Italian-Canadian nationals who maintain assets — typically inherited property — in Bologna or Bologna 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 BOLOGNA


  • Can an Italian citizen residing abroad access debt restructuring procedures in Bologna?
    • An Italian citizen with debts connected to Bologna or the province of Bologna — 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 Bologna?
    • 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)