Provisional Compliance with the Judicial Recovery Plan. Is it possible?
By: Vitor Antony Ferrari, Ivan Kubala Despite being an important tool for overcoming a temporary economic and financial crisis, judicial recovery is only achieved with a lot of effort and dedication by the companies that use this instrument, which go through a long path of negotiations, planning, projections, in short, full of obstacles to achieve such a […]
Are you a creditor in a Judicial Recovery? Find out what to do.
By: Vitor Ferrari and Ivan Kubala Judicial Recovery is a judicial procedure that has become increasingly common and helps companies overcome their economic crises, with an orderly renegotiation with creditors that is summarized in a Judicial Recovery Plan. However, what should be done when a […]
Provisional Compliance with the Judicial Reorganization Plan. Is it possible?
By: Vitor Antony Ferrari and Ivan Kubala Despite being an important tool to overcome a temporary economic-financial crisis, the judicial rehabilitation is only achieved with much effort and dedication by the companies that use this instrument, which go through a long path of negotiations, planning, projections, in short, full of obstacles to achieve the longed-for […]
Self-bankruptcy
By: Vitor Antony Ferrari, Ivan Kubala If there is no possibility of maintaining a business activity, bankruptcy ends up being the judicial procedure for the immediate liquidation of the debtor, with the objective of reallocating any assets of the bankrupt company to other production chains. With the amendment of Law No. 11,101/05, the Brazilian bankruptcy procedure was abruptly modified, […]
Substantial Consolidation in light of changes to the Bankruptcy and Judicial Reorganization Law
By: Vitor Antony Ferrari and Ivan Kubala Substantial Consolidation is the union of rights and obligations of all the Companies Under Reorganization that make up a recognized Economic Group of Companies, which are now treated as a single entity, without, however, implying the definitive union of the legal personalities of the Companies, producing effects only in relation to […]
Non-attachability of financial investments and current account deposits
By: Vitor Antony Ferrari, Ivan Kubala Brazilian law establishes a list of assets considered unattachable, that is, assets that cannot be used to satisfy a debt collected in court. Examples include real estate considered a family asset, salary, retirement income, pensions, and amounts of up to 40 minimum wages deposited in a savings account, which are […]
Qualification and Objection of Credit in Judicial Recovery in light of the changes promoted by Law No. 14,112/20
By: Vitor Antony Ferrari and Ivan Kubala. It is not uncommon for a creditor to find themselves involved in a judicial recovery process, but, given the peculiarities of the procedure provided for in Law No. 11,101/05, not to know exactly how to act, which can result in the loss of important deadlines, such as those related to the discussion of the credit that they have […]
Succession – Inheritance between brother and half-brother
By: Vitor Antony Ferrari and Ivan Kubala Brazilian law protects the interests of all family members and, since 1988, with the Federal Constitution, eliminated the difference between children born in a marriage, those born out of wedlock and adopted children. In this way, children are equal before the law and have the same rights […]
Extrajudicial Recovery in light of the changes promoted by Law No. 14,112/20
By: Vitor Antony Ferrari and Ivan Kubala Before the enactment of Law No. 14,112/20, extrajudicial recovery was already considered an alternative tool for companies that were in a momentary financial crisis, but the scenario in which they found themselves did not reflect such great pressure from creditors on the Company's cash flow in order to […]
What is a debt restructuring process?
By: Antonio Mazzucco Debt restructuring is a process that aims to reduce the total amount of a company’s debt, reduce or suspend the interest rate that the company bears and postpone the deadline for debt repayment. What is the objective of a debt restructuring operation? Corporate debt restructuring […]
