| Summary: | Access to over-indebtedness procedures requires the assessment of the merits of the debtor, or the verification that the debtor has not acted with intent to harm the creditors, has not been in bad faith, has not performed excessively risky transactions, whether he has concealed property. Can a debtor be considered to be worthy of this purpose? An analysis of the case-law on the merits shows that, in the light of the finding of the disease, access to the over-indebtedness procedure can usefully be accompanied by the opening of the support administration, in order to ensure the better management of the debtor-over-indebted-beneficiary’s assets in the future.
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