Deservingness in over-indebtedness: gross negligence, bad faith, fraud and the other conditions of art. 69 CCII
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In breve: in over-indebtedness, deservingness is the condition on which the court is most attentive. For the consumer, art. 69 of the Codice della crisi excludes from debt restructuring anyone who has already been discharged in the five years before the application, anyone who has already benefited from discharge twice, and anyone who caused the over-indebtedness through gross negligence, bad faith or fraud. Similar conditions apply to discharge in liquidation and to discharge of the debtor with no assets (arts. 282 and 283). The assessment is the judge's, on the specific case: for you, what matters is to explain causes and diligence well, with documents.
The conditions of art. 69
- Discharge in the five years before the application.
- Two discharges already obtained.
- Gross negligence, bad faith or fraud in bringing about the over-indebtedness.
Gross negligence is not mere carelessness: it is a judgement on the debtor's conduct in light of their circumstances. For this reason the OCC reports on the causes of the indebtedness and diligence (art. 68, paragraph 2).
And the creditor?
Art. 69 also contains a rule on the lender side: a creditor who culpably caused or aggravated the indebtedness, or who breached the principles on creditworthiness (art. 124-bis of the Consolidated Banking Act, Testo unico bancario), may not oppose court confirmation by challenging the convenience of the plan. The OCC also reports whether the lender assessed the debtor's creditworthiness, in relation to available income after deducting a dignified standard of living (art. 68, paragraph 3).
In the other procedures
In controlled liquidation, discharge does not operate in case of a final conviction for the offences under art. 344, or where the over-indebtedness was caused by gross negligence, bad faith or fraud (art. 282, paragraph 2). In the discharge of the debtor with no assets, the judge checks the absence of fraud and of wilful misconduct or gross negligence in creating the indebtedness (art. 283, paragraph 7).
How to prepare your answers
Three habits help: set out the facts with dates and documents (loss of employment, illness, separation, guarantees given), list all acts carried out in the last five years, including donations and preferential payments, and do not conceal what the court will find in the registers anyway (property, shares, protests). Veryfy's questionnaire contains exactly these questions, and the report records your answers as your own statements, without judging them: the assessment belongs to the lawyer.
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.
Sources
- Legislative Decree of 12 January 2019, no. 14 (Codice della crisi d'impresa e dell'insolvenza, the Italian corporate crisis and insolvency code), current text on Normattiva, to be re-checked before any use; articles read on 24/10/2026 on Brocardi.it
- Art. 69 CCII, subjective conditions that exclude access, consulted on 24/10/2026
- Art. 282 CCII, conditions and procedure for discharge, consulted on 24/10/2026
- Art. 283 CCII, discharge of the insolvent debtor with no assets, consulted on 24/10/2026
Frequently asked questions
What does deservingness mean in over-indebtedness?
It is the set of subjective conditions the judge checks: absence of fraud, bad faith or gross negligence in creating the indebtedness, and compliance with the limits on previous discharges.
If I have already been discharged, can I try again?
For the debt restructuring of the consumer, art. 69 excludes anyone who has been discharged in the five years before the application or who has already obtained two discharges; discharge of the debtor with no assets is allowed only once.
Do gambling expenses exclude me from the procedure?
There is no automatic rule: the judge assesses whether the over-indebtedness was caused by gross negligence, bad faith or fraud. It must be disclosed honestly to the lawyer, who assesses how to present it.
What if the bank granted a loan without checking income?
The OCC reports whether the lender assessed creditworthiness, and a creditor who breached the principles on creditworthiness may not oppose court confirmation by challenging the convenience of the plan (art. 69).
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Further reading on this topic
- Over-indebtedness: which procedures exist under the Codice della crisi and how to choose with your lawyer
- Consumer debt restructuring (consumer plan): requirements, content and what the judge decides
- Minor composition agreement (concordato minore): who can access it, what the proposal must contain, and when external resources are needed
- Controlled liquidation of the over-indebted debtor: which assets and income stay outside and what happens afterwards
- Discharge of the insolvent debtor with no assets (art. 283 CCII): who can apply, only once, and with which obligations
- OCC, the debt-crisis advisory body: what it does and what it must report to the court about your case
- Over-indebtedness: the documents to prepare before seeing the lawyer and the OCC