According to partner Vitor Ferrari, responsible for the firm's debt restructuring area, given the number and volume of creditors and scattered credits involved in the recently distributed Judicial Recovery of Rossi Residencial, it is essential that creditors organize themselves so that there is a real appreciation and representation of each of their credits, always asserting their will and preserving their rights to a minimum.
According to Ferrari, “normally creditors who, acting individually, due to the value of their credit, end up being absorbed by the opinion and wishes of larger creditors at the time of voting and approval of a recovery plan. However, always respecting the opinion and interests of each creditor, the union and joining of forces with other creditors who have the same interests, such groups become stronger and begin to have a voice, and especially a vote, in a more effective way, which makes small and medium-sized creditors relevant in the negotiation of receiving their credits, whether before the company in Judicial Recovery before the Meeting, or at the meeting itself”.
Furthermore, the Lawyer mentions that in a judicial recovery process, creditors are scattered and disorganized, given the difficulty in funding quality and specialized sponsorship, which ends up leading creditors to submit to what is imposed on them.
In view of this, our Office is interested in assisting and changing this dynamic, ensuring that Creditors have the power to decide and effectively negotiate the receipt of their credits within the judicial recovery procedure.