Il provvedimento del 29.04.2019 del Tribunale di Roma, Sezione Fallimentare, che ha accolto il ricorso dell’Avv. Nicholas M. Vermaaten, Consulente dell’Associazione Specializzato in materia di Sovra-indebitamento, ed in particolare nella procedura di liquidazione del patrimonio del debitore ex art. 14 ter Legge 2/2012, si pone come un primo ed importantissimo precedente in questa materia del Foro di Roma.

Il ricorso presentato dal nostro Consulente si basa sulla legge n. 3 del 27 gennaio 2012, definita “legge salva suicidi” che ha, per la prima volta, introdotto nel nostro ordinamento una procedura di esdebitazione per aiutare i c.d. sovraindebitati a far fronte ai debiti contratti affinchè agevolmente e senza troppi sacrifici riescano ad estinguirli ed, al contempo, evitare che possano essere iniziate o proseguite, in loro danno, procedure esecutive (pignoramenti immobiliari, mobiliari e presso terzi).

La procedura ha inizio con il deposito di un ricorso, presso il Tribunale del luogo in cui ha la residenza il sovraindebitato, a mezzo di un avvocato e con l’assistenza di professionista incaricato denominato Organismo di Composizione della Crisi da sovraindebitamento (c.d. OCC).

Le procedure per raggiungere alla esdebitazione sono tre:

1) il piano del consumatore

2) l’accordo di ristrutturazione dei debiti

3) la liquidazione del patrimonio.

Ebbene il recentissimo provvedimento del Tribunale di Roma ha riguardato proprio questa ultima modalità.

Il tratto più saliente del provvedimento risiede nel fatto che il Giudice ha aperto la procedura, in difformità di un orientamento restrittivo di lettura della legge, accogliendo la tesi per cui il compendio patrimoniale dalla cui liquidazione sarebbero dovute essere attinte le risorse attive da devolvere all’esintizione della posizione debitoria del sovra-indebitato, può essere rappresentato dal reddito da lavoro autonomo del ricorrente presente e futuro.

Mentre l’orientamento restrittivo anche recente (Trib. Mantova 18.06.2018 n. 43) esclude che la procedura possa avere inizio laddove non si riscontrino beni già presenti da cui attingere, il Trib. di Roma ha accolto la tesi che ammette il caso in cui il sovraindebitato sia titolare solamente di crediti presenti/futuri derivanti da lavoro anche autonomo da destinare alla liquidazione (Trib. Verona 21.12.2018).

La lettura della Legge “Salva Suicidi” data dal Tribunale di Roma da nuova linfa, con tutte le cautele del caso, ad un istituto giuridico ancora poco conosciuto ed utilizzato ma dalle enormi pontenzialità se correttamente applicato.

 

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