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OCC, the debt-crisis advisory body: what it does and what it must report to the court about your case

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In breve: the OCC, the debt-crisis advisory body for over-indebtedness, assists the debtor and reports to the court. For the debt restructuring of the consumer, art. 68 of the Codice della crisi provides that the application must be filed through an OCC established in the district of the court, and that the OCC's report states the causes of the indebtedness and the debtor's diligence, the reasons for the inability to pay, the completeness and reliability of the documentation and the costs of the procedure. It also states whether the lender assessed creditworthiness. The OCC cannot invent what the debtor does not know: for this reason it matters to arrive with a precise file.

What it writes in the report

In the discharge of the debtor with no assets, the report must also cover any acts of the debtor challenged by creditors (art. 283, paragraph 4): discharge of the debtor with no assets.

The first days after appointment

Within seven days of being appointed, the OCC informs the collection agent and the competent tax offices, which within fifteen days communicate the tax debt ascertained and any pending assessments (art. 68, paragraph 4). If you have tax collection notices or notices of payment, having the statement of tax collection notices already speeds up the reconstruction.

What it asks of the debtor

List of creditors, income and household expenses, assets, dispositive acts of the last five years, income tax returns: the practical list of documents. When the declared data and the register data do not match, the OCC notes it and must explain it to the court: it is better that you and your lawyer be the first to notice, also thanks to a check against public data.

OCC and the lawyer

The OCC is not your defence counsel: it reports to the court with its own report. The lawyer you choose sets the strategy, tells you which of the procedures of the Codice della crisi is most suitable, and protects your position. Veryfy's Over-indebtedness report is a partisan document intended for your lawyer and for the OCC; it is not the OCC report and does not replace it.

This guide explains the law in general terms and is not legal advice: anyone in over-indebtedness needs a professional who looks at their case and the law currently in force.

Before you see the lawyer, get your case in order: the free questionnaire collects creditors, income, expenses, assets and acts of the last five years; the Over-indebtedness report at 29€ checks them against public data in your name (protests, procedures, encumbrances, positions held, shares, property) and gives you the PDF to hand to the professional. It is not legal advice, nor the OCC report.

Sources

Frequently asked questions

What is the OCC?

The organismo di composizione della crisi da sovraindebitamento (the debt-crisis advisory body): through an OCC established in the district of the court, the application for debt restructuring of the consumer is filed (art. 68 of the Codice della crisi, the Italian insolvency code).

What does the OCC report contain?

Causes of the indebtedness and the debtor's diligence, reasons for the inability to pay, an assessment of the completeness and reliability of the documentation, a cost estimate, and whether the lender assessed creditworthiness.

What happens if there is no OCC in the district?

The president of the court appoints a professional, or a company of professionals, who performs the functions of the OCC (art. 68, paragraph 1).

Does the OCC verify the debtor's data?

The OCC reports on the completeness and reliability of the documentation filed. For this reason it is advisable to arrive with a list of creditors, income, assets and acts already checked against public registers.

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Further reading on this topic