Rossi Judicial Recovery
Rossi Residencial, together with over 300 companies that are part of its economic group, filed a request for judicial recovery yesterday, September 19, before the 1st Bankruptcy and Judicial Recovery Court of the District of the Capital of the State of São Paulo. The company, which is part of the Rossi Group, founded in 1953, has accumulated debts […]
Extinction of the Bankrupt's Obligations
By: Vitor Ferrari and Ivan Kubala According to Law 11.101/05, an individual entrepreneur is bankrupt when he/she carries out business without the proper separation of assets, the unlimited liability partner and the business corporation as a whole, that is, the company. With bankruptcy declared, the debtor becomes responsible for a series of obligations, […]
Substantial Consolidation: What is it and when to use it?
By: Vitor Ferrari and Ivan Kubala Originating from the American jurisprudential system, Substantial Consolidation is a mechanism for resolving insolvencies of business groups through the unification of their debts and creditors. Its objective is to unify the assets and liabilities of companies in an economic group so that all companies in the group […]
PL 815/22: New possibilities for cooperatives
By: Vitor Ferrari and Ivan Kubala On April 4, 2022, federal deputy Hugo Leal (PSD/RJ) presented Bill No. 815/2022, which regulates the reorganization of cooperative societies, amending provisions of Law No. 5,764/71. On May 18, 2022, the Bill was referred to the Committee on Economic Development, Industry, Commerce and Services […]
Debt of a company incorporated by a company undergoing recovery is subject to universal judgment
By: Vitor Ferrari and Ivan Kubala In the judgment of Special Appeal No. 1,972,038 – RS, the 3rd Panel of Ministers of the Superior Court of Justice understood that the debts belonging to the company Oi Internet, incorporated by the company Oi Móvel, must be subject to the incorporating company’s judicial recovery plan. The understanding of the judges was unanimous […]
Restructuring of Paraná Club
By: Vitor Ferrari and Ivan Kubala. After a dismal 2021 that resulted in an increase of R$1.4T 6 million in its total liabilities, Paraná Clube, a traditional football team from Curitiba, has decided to file for judicial recovery at the Bankruptcy and Judicial Recovery Court of Curitiba. Those responsible claim […]
Cruzeiro's request for Judicial Recovery granted
By: Vitor Ferrari and Ivan Kubala On July 13, 2022, the substitute judge of the Business Court of the district of Belo Horizonte, Minas Gerais, Adilon Cláver de Resende, granted the request for judicial recovery of Cruzeiro Esporte Clube, filed earlier that week. Other soccer teams have already filed requests for judicial recovery before the competent courts, but […]
Closing of the Judicial Recovery of Bronzearte and Arla
Today, the Court of the 1st Judicial District of Embu das Artes/SP, concluded the Judicial Recovery of the Companies BRONZEARTE INDUSTRIA E COMERCIO LTDA and ARLA ADMINISTRAÇÃO DE PARTICIPAÇÕES LTDA, which had their Recovery Plan approved in December 2017, sponsored by the Mazzucco & Mello Office, with the performance of […]
The New Extrajudicial Recovery
By: Vitor Antony Ferrari and Ivan Kubala. Extrajudicial Recovery is an option for many, but not all, companies that are experiencing economic difficulties. The first major filter of RE is the fact that it is not suitable for all companies, but for those that still have some credibility, despite having an economic structure […]
Judicial Recovery of Samarco
By: Antonio Mazzucco and Vitor Antony Ferrari Years after the environmental disaster in Mariana (MG), the mining company responsible, Samarco, is facing financial difficulties and is forced to file for Judicial Recovery to avoid closing its doors. However, the recovery plan presented to creditors was rejected, and the reins were taken over by the Financial Creditors. In […]
