The judge reduces his debt and dilutes it in thirty years

MILAN.- He was seen to reduce a debt of 240 thousand euros, contract for the purchase of a house with the INPS and four financiers, to 160 thousand euros but, most importantly, by decision of the judge of Parma Pietro Rogato, will have 30 years to pay in installments of just over 300 euros a month. The man, badisted by lawyers Claudio Defilippi and Lorenza Squeri, has indeed been approved the "consumer reintegration plan" on the basis of the law of 27 January 2012 on overindebtedness and, according to the lawyer Defilippi, "is finally back to live".

For counsel, the decision is "a very important precedent" for debtors who are in the same circumstances. The judge, in addition to reducing the debt of 80 thousand euros, decided that 88% of the sum, again in 30 years, will go to the INPS as a preferred creditor, and to finance the remaining 12%, a percentage that according to magistrate could have fallen as low as 5 percent, the minimum required by law. The man, who has a salary of 24,000 euros a year, will have saved the house.

Now, until "extinguishing the loan for the purchase of the first house in Inps, expiring 2048 – writes the judge in the provision – will continue with the payment of another 300 monthly installments EUR 385.13 each, including interest calculated at the fixed rate of 1.25%. "

The same judge, on 11 May, had ordered" the immediate suspension of the proceedings the exceptional or future execution of the real estate and real estate of the debtor and salary-supported wage transfers to financial institutions

Defilippi's lawyer believes that the magistrate's decision "radically changes the relationship between the debtor and the creditor" and stresses that in many other Italian courts, the law on over-indebtedness is not applied in the same way or is not applied "at all"

"We are referred to a professional bodies – explains the l 39; lawyer – while there is a decision by the judge of Forlì which indicates as a road that the plan should be examined by a judge: it is a lack of uniformity in the interpretation of the law unacceptable ".

(by Stefano Rottigni / ANSA)