Over-indebtedness: the documents to prepare before seeing the lawyer and the OCC
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In breve: before an over-indebtedness procedure, the professional will ask you for a precise list: all creditors with the sums owed, the acts of extraordinary administration of the last five years, the income tax returns of the last three years, and the income of you and your household. These are the points the Codice della crisi indicates for the discharge of the debtor with no assets (art. 283, paragraph 3) and that, in practice, are needed in every procedure. In addition, it is worth gathering contracts, bank statements, tax collection notices and the credit-register records in your name, which you can request for free.
1. The list of creditors
Name, nature of the debt, outstanding amount, any guarantees (mortgage, pledge, privilege, guarantors) and actions already started. For each one, a verifiable certified (PEC) or ordinary email address (art. 283, paragraph 3). Tax and social security debts are reconstructed from the statement of tax collection notices; banks from contracts, amortisation schedules and bank statements.
2. Income, expenses and household
Income tax returns or Certificazioni Uniche (annual income certificates) of the last three years, recent payslips or pension slips, ISEE (the Italian means-testing indicator) and documents on necessary expenses (rent or mortgage, utilities, healthcare, schooling). The difference between net income and necessary expenses is the share you could allocate to creditors.
3. Assets and acts of the last five years
Land and mortgage registry extracts (visure catastali and ipotecarie), PRA vehicle register extracts (visura PRA), shares in companies, accounts and securities. Then every act of extraordinary administration of the last five years: sales, donations, restrictions on use, payments to one particular creditor. A forgotten asset or act casts doubt on the credibility of the entire list, as explained in the guide on the OCC.
4. What appears in your name
- SIC (CRIF, Experian, CTC): free right of access as a data subject (art. 15 GDPR); how long records stay in CRIF.
- Centrale dei Rischi of the Bank of Italy: free access from the online services portal with SPID, CIE or CNS, or with the form at the branch.
- Public data: protests, procedures, encumbrances, positions held, shares, property: how to find out whether you have protests in your name. The Over-indebtedness report checks them against what you declare.
How to order them
One folder per section, documents in chronological order, and an index. Veryfy's free questionnaire walks you through these same sections and immediately calculates total debts, the available share and the points to discuss with the lawyer. Then choose together with them among the procedures of the Codice della crisi.
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. 283 CCII, paragraph 3 (documentation of the application), consulted on 24/10/2026
- Art. 68 CCII, filing of the application and activity of the OCC, consulted on 24/10/2026
Frequently asked questions
What documents are needed for over-indebtedness?
The list of creditors with sums owed, the acts of extraordinary administration of the last five years, the income tax returns of the last three years and an indication of the income of the debtor and his household (art. 283, paragraph 3), plus contracts, bank statements, tax collection notices and searches.
How do I get the statement of account (estratto di ruolo)?
You ask Agenzia delle Entrate-Riscossione, also online with SPID: it lists the tax collection notices in your name. It is useful because the tax authority is among the creditors to be indicated precisely.
Can I see for free what appears in CRIF and Centrale Rischi?
Yes: the credit information systems (SIC) through the data subject's right of access, and the Centrale dei Rischi from the Bank of Italy portal with SPID, CIE or CNS.
Does Veryfy replace these documents?
No. Veryfy organises your declarations and checks them against public data; you gather the original documents and hand them to the professional yourself.
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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
- Deservingness in over-indebtedness: gross negligence, bad faith, fraud and the other conditions of art. 69 CCII