Law 3/12 introduces an important novelty to remedy the situations of small businesses and self-employed workers relating to over-indebtedness not subject to bankruptcy but also of individuals, through a voluntary jurisdiction procedure. The procedure for small businesses and self-employed workers is called the “debtor agreement”. The debtor (towards Banks, INPS – social security , Equitalia – Tax agency etc …) no longer able to meet all his debts can propose to creditors a debt restructuring agreement, also aimed at the continuation of the business activity. In particular, an amortization plan is proposed which may also provide for the possibility of non-full payment of debts, in order to obtain a substantial reduction in the amounts due. The agreement does not oblige the liquidation of the debtor’s assets, as this possibility is provided only if there is no other way to meet the payment and it is in any case voluntary, being possible in this case to renounce the procedure itself. The plan must obtain the consent of the creditors who represent 60% of the credits and finally the approval by the Court. A further advantage for the debtor is given by the fact that the judge, to whom the approval plan is presented, can suspend and inhibit creditors from any type of executive action on the debtor’s assets and the same suspension can be requested from the same judge as the Enforcement, if the enforcement procedure is already in progress. The procedure is also applicable to the consumer (for the same payables to banks, Equitalia, Inps etc ..) and is called the “consumer plan”. In this case, however, the plan is not subject to the consent of the creditors but only to the control by the Court and in this way it is made effective towards all creditors.

Law 3/12 introduces an important novelty to remedy the situations of small businesses and self-employed workers relating to over-indebtedness not subject to bankruptcy but also of individuals, through a voluntary jurisdiction procedure. The procedure for small businesses and self-employed workers is called the “debtor agreement”. The debtor (towards Banks, INPS – social security , Equitalia – Tax agency etc …) no longer able to meet all his debts can propose to creditors a debt restructuring agreement, also aimed at the continuation of the business activity. In particular, an amortization plan is proposed which may also provide for the possibility of non-full payment of debts, in order to obtain a substantial reduction in the amounts due. The agreement does not oblige the liquidation of the debtor’s assets, as this possibility is provided only if there is no other way to meet the payment and it is in any case voluntary, being possible in this case to renounce the procedure itself. The plan must obtain the consent of the creditors who represent 60% of the credits and finally the approval by the Court. A further advantage for the debtor is given by the fact that the judge, to whom the approval plan is presented, can suspend and inhibit creditors from any type of executive action on the debtor’s assets and the same suspension can be requested from the same judge as the Enforcement, if the enforcement procedure is already in progress. The procedure is also applicable to the consumer (for the same payables to banks, Equitalia, Inps etc ..) and is called the “consumer plan”. In this case, however, the plan is not subject to the consent of the creditors but only to the control by the Court and in this way it is made effective towards all creditors.

Consultancy for the creation of an Organizational Model of Management and Privacy Control in compliance with the Code regarding the protection of personal data (Legislative Decree 196/2003) and Regulation (EU) 2016/679 concerning the protection of individuals with regard to processing of personal data, as well as the free circulation of such data. GDPR, General Data Protection Regulation. Our consultants can analyze (pre-audit) the procedure relating to data processing used by the company, and in case of critical issues, prepare a new model, according to the new European Privacy legislation directly applicable from 25 May 2018.

The crisis of recent years, with an increase in loans since 2004 disbursed by financial companies to individuals without due caution or with minimum guarantee requirements, combined with the current difficulty in accessing credit and the introduction of financial instruments control (Cd. databases of bad payers – by way of example the Crif), the inoperability of insurance clauses in the event of job loss related to financing, or simply the reversal of the financial situation of the entrepreneur / private on the creditor’s side, the debt collection operators encounter debt situations every day that the obliged party will be unlikely to face. The tools used remain:

• the repayment plan guaranteed by securities (in this case, bills of exchange / promissory notes ), with the cost of the stamps charged to the debtor.
• the final settlement closure instrument, or the transaction of a part, often substantial, of the credit in favor of the debtor, who, however, is required to make an effort in terms of payment methods and timing.

With this in mind, Enses Credit Management offers a very useful debt negotiation service, acting as a consultant for negotiation with the creditor (be it a financial company, a bank or a simple private person) to obtain the write-off of the amount, taking care the aspects relating to the negotiation, but also the technical-legal aspects related to the proposal and acceptance, to place the debtor who intends to partially pay his debt, protected from any future request for money.

Closely connected to this activity, there is the issue of the receipt useful in order to be able to request, at a later time, the cancellation from the databases, according to the deadlines set by law.

Enses Credit Management always focuses on professionalism and on the results provided to the client.

The collaboration between professionals of Enses Credit Management enables the customer to take advantage of a complete structure composed of:

• Associated Forensic Physicians
• Associated Medical facilities affiliated
• Associated Consultants
• Associated car repairs

This structure allows us to successfully manage:

• Road and naval accidents
• Work Accidents
• Cases of Medical Malpractice
• Fatal Injuries Claims
• Real Estate and Joint Property Claims

With our experience we are able to achieve a rapid and optimal settlement of claims from insurance companies, as well as ensuring the protection of the rights of the customer through:

• Immediate Assistance
• Advice, examinations and treatment by Associated Medical Facilities
• Technical expertise for the quantification of physical and psychological damage to persons (including the psychological damage suffered by the heirs )
• Technical expertise for the quantification of real estate damage
• Assistance to companies in the recovery of damages for the absence of the employee or member of the victim of the accident

The client, in case of accident or injury, may apply to the numbers always active beyond office hours to get directions on what to do immediately:

+ 39 366 1795105
+ 39 389 9269230

In partnership with Sios Investigazioni, our group is able to operate under the investigation license issued by the Prefecture of Massa Carrara, in the following areas:

• Private Investigations
• Corporate Investigations
• Commercial Investigations
• Insurance Frauds
• Defensive Criminal Investigation
• Environmental Controls
• Retrieve data from PC / Smartphone – Malware Detection
• Network Security Check / Control of Employees – Executives

Our legal department provides legal advice and assistance, in and out of court sphere.

The Law Firm operates through a network of qualified correspondents, throughout the national Italian territory and abroad.

It assists public institutions, banks, companies, and individuals, with particular attention to the needs of the enterprises in relation to every aspect of civil, criminal and administrative law.

Concerning civil law, the Firm has acquired specific experience and expertise in the field of banking and finance, private and public tenders, real estate law, in the field of family and inheritance; as well as offering legal advice and assistance, The Firm is highly specialized in drafting contracts, in debt recovery, both in the initial phase and in the monitory and executive actions to recover damages (in particular, in terms of medical liability and road traffic), and consumer protection.

In the criminal law, the Firm is specialized in the offenses against the person, the family and the public administration, and crimes against property, the economic ones (corporate, bankruptcy, tax, financial, banking and customs) and those relating to the environment.

In administration field, the main activity is aimed at problems relating to tenders, environment, construction, and urban development planning.

The firm guarantees training and continuous updating of its professionals to ensure a serious and competent legal assistance to Clients and adopts the latest tools given by modern technology to provide adequate responses to the current trading needs, especially those pertaining to Business Companies, although preserving a direct and personal relationship with its Clients.

On the basis of knowledge and partnerships with service providers in the field of commercial reports and investigative reports, we can provide the customer with all the necessary information aimed at tracing the debtor and its assets, coordinating the court action through specifically targeted assets investigative reports on individuals or companies.

The pre-analysis and the banking econometric appraisal of a loan, leasing, ordinary or entrusted current account represent the necessary tools for the debtor who intends to oppose in court the credit claims of a Bank, or, in a settlement perspective, to push creditor to accept a payment solution in favor of the customer.

The banking pre-analysis aims to bring out, right from the start, any irregularities and charges illegally applied by the Institute by resorting to various simulations and taking into account the orientation of the Court in front of which the case must be based.

The econometric appraisal, on the other hand, has the further purpose of technically supporting the defensive strategy of the lawyers who assist the client in the process, if the out-of-court attempt is not successful.

We remain available for the free pre-analysis of your mortgage or loan.