Disregard of Legal Personality and the Extension of the Effects of Bankruptcy in the Insolvency Process.
By: Vitor Ferrari and Ivan Kubala There is a common problem in the Judiciary regarding the compatibility, or not, of the incident of disregard of the legal personality with the extension of bankruptcy. In the original wording of law 11.101/05, the extension of bankruptcy was always used as an instrument to reach third parties. However, with the reform, there was the incident of […]
STF concludes discussion on (Im)seizability of guarantor’s property in lease – Topic 1,127
By: Vitor Antony Ferrari, Ivan Kubala As we have already announced, Extraordinary Appeal 1307334 is currently being processed at the Federal Supreme Court (STF), discussing the constitutionality of the (non)seizability of the residential property of the guarantor of a lease agreement. At the time, the judgment already had eight votes, all of which were cast on August 12, after […]
PL 191/20: the new mining frontier in Brazil
By: Vitor Antony Ferrari, Ivan Kubala With the recent Russian invasion of Ukraine, the shipment of fertilizers from that country to Brazil has been threatened, either by the embargoes imposed on the Russian economy or by Moscow’s need to maintain a large stock of these raw materials, which are the base compounds for fertilizers that are also used for military purposes. The possible […]
SERASA will be held responsible for blocking debtors' cell phones
By: Vitor Antony Ferrari, Ivan Kubala The National Consumer Secretariat (SENACON), part of the Ministry of Justice, is preparing a notification for the companies SERASA and SuperSim for the alleged remote blocking of cell phones of debtor customers who stopped paying their debts. Several consumers reported that their cell phones simply froze, […]
Sale of Assets in Judicial Recovery
By: Vitor Antony Ferrari, Ivan Kubala The Bankruptcy and Judicial Recovery Law lists an exemplary list of means that companies can use in their recovery plan and to preserve their activities, among which the sale of assets stands out. However, there are some rules that must be observed by companies in […]
How to start a Judicial Recovery?
By: Vitor Antony Ferrari, Antonio Mazzucco and Ivan Kubala As is known, Judicial Recovery is a judicial procedure that, since 2005, has the objective of helping companies overcome their economic crises, maintain the jobs of their employees and collaborators, as well as continue generating wealth, taking advantage of an orderly renegotiation with […]
The use of “Teimosinha” as a tool for researching debtors’ assets
By: Vitor Antony Ferrari, Ivan Kubala A decision by the Court of Justice of São Paulo recently circulated in several communication channels authorizing the “teimosinha”, a tool that allows the instant and continuous search of assets in the accounts of debtors, whether individuals or legal entities, until the full satisfaction of the credit. The aforementioned positioning […]
What is a Judicial Recovery?
By: Vitor Antony Ferrari, Antonio Mazzucco and Ivan Kubala In the face of the economic crisis, it has become very common to hear that companies that we deal with on a daily basis are undergoing Judicial Recovery. But what exactly is Judicial Recovery after all? Judicial Recovery is a judicial procedure that, since 2005, has been helping […]
Who can apply for Judicial Recovery?
By: Vitor Antony Ferrari, Antonio Mazzucco and Ivan Kubala The request for Judicial Recovery is made up of a complex sum of documents, statements and information that require specialized analysis and monitoring in order to obtain the benefits brought by the Law. But who specifically can request a Judicial Recovery after all? The Law that […]
What are the Benefits of Judicial Recovery for a Debtor Company?
By: Vitor Antony Ferrari, Antonio Mazzucco and Ivan Kubala Judicial Recovery, well planned in conjunction with legal professionals with extensive experience in the area, has been a useful, versatile and effective tool for companies facing a temporary financial crisis, especially during a pandemic, to maintain their activities and resume their growth, […]
