Perugia, judge cancels debt of two spouses with three children
News: a case of “family debt relief” applied in Perugia. But is it really news? Lawyer Fabio Cesare, author of the book La Rivoluzione del debito (Giuffrè Editore) , has no doubts: «What they want to pass off as a sensational case is actually not because what happened in Perugia is not an exception». Cesare is not even very surprised by the fact that 81 thousand euros of debts against the family with three children were cancelled because, being a so-called “family debt relief”, the judge combined the requests of the two parents and, the lawyer explains: «Article 283 of the Code of the corporate crisis and insolvency which regulates the debt relief of the insolvent debtor, provides high thresholds, up to 50 thousand euros, for the cancellation of the debt of a single subject». We asked him where the news is.
" The novelty is that, finally, it is being discussed publicly through the press, making the information public domain . Now no one will be able to say, consciously or unconsciously, that they did not know that it is possible, under certain conditions provided by law, to obtain the cancellation of debts for a family."
Lawyer Cesare does not mince his words and adds: « Judges often apply this rule in a very restrictive way , perhaps convinced, in good faith, that in this way they can discourage people from getting into debt. But, unfortunately, we live in a society founded precisely on debt, starting with the State. This approach does not serve to solve the problem but only ends up making the work of the Debt Settlement Bodies more difficult , the bodies responsible for helping families get out of the spiral of debt, operating under the supervision of the Court».
According to Cesare, this situation produces a perverse effect: " People in debt end up in the hands of private managers who take advantage of their fragility . These professionals, while presenting themselves as saviors, often have their only objective being their own economic gain. This is how the family's debt situation does not improve and meanwhile Cesare explains: "the managers of the crisis, recognized by the courts, are underpaid and precisely for this reason it is difficult to find them."
In conclusion then, even if the Perugia case does not represent an exceptional fact, it is still significant because from today no one can pretend not to know that debt relief is not a favor done to the person but a right recognized by law.
Photo by Benjamin Brunner on Unsplash
- Tags:
- Rights
- Family
- Producing Well
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