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Suspension of the implementation of the Covid-19 consumer emergency plan

Court of Naples, April 17, 2020. Est. Livia De Gennaro

In the event of a lawsuit that is not attributable to the debtor and that prevents the initial project from being fulfilled, debtors for whom a consumer plan or an agreement has already been approved, have the right to re-modulate the methods and timing of execution with the help of the Crisis Composition Body (OCC), pursuant to art. 13, paragraph 4 ter of Law no. 3/2012. With the ruling in question, the Court of Naples clarified that, if the remodulation consists of a request for suspension of the payment of certain instalments or a modification that affects the timing of performance, the law lets the Judge decide on the request made, after hearing the OCC, and without the need to summon the creditors, as provided for by art. 9, paragraph 3 of Liquidity Decree no. 23/2020, applicable to the case in question by analogy.

Suspension of the implementation of the Covid-19 consumer emergency plan

Court of Naples, April 17, 2020. Est. Livia De Gennaro

In the event of a lawsuit that is not attributable to the debtor and that prevents the initial project from being fulfilled, debtors for whom a consumer plan or an agreement has already been approved, have the right to re-modulate the methods and timing of execution with the help of the Crisis Composition Body (OCC), pursuant to art. 13, paragraph 4 ter of Law no. 3/2012. With the ruling in question, the Court of Naples clarified that, if the remodulation consists of a request for suspension of the payment of certain instalments or a modification that affects the timing of performance, the law lets the Judge decide on the request made, after hearing the OCC, and without the need to summon the creditors, as provided for by art. 9, paragraph 3 of Liquidity Decree no. 23/2020, applicable to the case in question by analogy.