The first discharge decrees relating to the suicide-saving law arrived: debts canceled in the face of particularly serious conditions.
Finding yourself facing a heavy debt and being able to benefit from a facility to cope with it is certainly a good viaticum to avoid dramatic decisions. In fact, some courts the first discharge decrees have arrived, or the cancellation of debts for the incompetent, who are in any case subject to the obligation to submit an income tax return for four years. These are, in fact, the first effects of the so-called suicide saving law, designed for debtors unable to pay their shortcomings.
These are the amendments to law 3/2012, made with the decree law 137/2020, applied in times of pandemic and aimed at avoiding any risky situations in incompetent families or for debtors no longer able to meet its inventories. Specifically, the recipients of the provision are those who, in the face of unpaid loans or debts deriving from previous activities, are not available of any use to fulfill the requests of creditors.
Suicide-saving law, the debt cancellation procedure
According to the provisions of the suicide saving, with the introduction of article 14-quaterdecies relating to the legislation on over-indebtedness, the figure of the incompetent debtor is defined. That is, a natural person deemed worthy but no longer able to cope with his / her own shortcomings, neither in the immediate nor in the future. A situation, in practice, of extreme difficulty, due to reasons considered plausible (such as the loss of a job). For these people it will therefore be possible to access the discharge procedure even if for a single time. In the sense that in the future it will no longer have the possibility to access the facility in the event of further debts assumed.
READ ALSO >>> Ing, nightmare for many account holders: maxi debits up to 290 billion euros
An example in this sense, reported by studiocataldi.it, concerns a decree issued by the Court of Macerata, relating to the case of a separated woman, with a dependent daughter and low salary, who found herself facing debts contracted with financial companies. In this case, the discharge decree was required subject to a liquidation procedure (with a procedure already initiated under the old legislation). According to the judge, the appeal to 14 quaterdecies was to be considered admissible, thus granting the applicant the opportunity to be debited. Current obligation, the presentation of the subsequent four years of the tax return. Penalty, the revocation of the provision.
–
