Non-Incidence of Disregard of Legal Personality in the Judicial Recovery Process
By: Vitor Ferrari and Ivan Kubala In order to protect economic activity, job creation and the social function of companies, the legislator chose to create means of protection for companies undergoing recovery that are in economic difficulties and also to ensure that their creditors receive what is rightfully theirs. Among them, […]
Judicial Observers in Judicial Recovery
By: Vitor Ferrari and Ivan Kubala With the approval of the request for judicial recovery by the judge, the company is obliged to prepare a judicial recovery plan to pay its creditors within 60 days, which, if approved by the General Creditors’ Meeting, begins to be put into practice. In order to monitor the […]
Alternative plans in the bankruptcy process.
By: Vitor Ferrari, Ivan Kubala. It has become commonplace to see creditors or even debtors presenting plans to direct the liquidation of assets or reorganize payment methods within bankruptcy proceedings. After the change in law 11.101/05, the ultimate goal of bankruptcy becomes the rapid liquidation of companies whose business activity […]
Bankruptcies reach highest level since 2020
Nossos sócios Antonio Mazzucco e Vitor Ferrari participaram de uma entrevista para o Valor Econômico. Crise gerada pela pandemia ainda impacta as empresas, que buscam também negociação extrajudicial. Entrevista completa em: https://valor.globo.com/empresas/noticia/2022/10/06/falencias-atingem-maior-nivel-desde-2020.ghtml
Mazzucco & Mello Advogados stands out in the mining market by advising AECI on the Compliance program.
Mazzucco & Mello Advogados stands out in the mining market by advising AECI on its Compliance program regarding the implementation of processes in accordance with the General Data Protection Law (LGPD). AECI is a South African multinational company, a leader in making mining safer and more efficient for a better world. The […]
Types of Creditors and Credits in Judicial Recovery
By: Vitor Ferrari and Ivan Kubala In a judicial reorganization process, it's almost certain that the company under reorganization will have a multitude of creditors, ranging from its employees to its suppliers, and, of course, its self-employed workers. To proceed with the judicial reorganization process, your role is to create a plan […]
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, […]
Rio de Janeiro State Government regularizes secretariat after hacker invasion
By: Leonardo Neri, Rio de Janeiro City Hall's database suffered a serious attack by cybercriminals in mid-August. Authorities reported the downtime of websites across all sectors, from finance to healthcare. Given the severity of the incident, access was only restored […]
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 […]
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 […]