Minister Dias Toffoli revokes injunction issued by Minister Luiz Fux to require the presentation of the CND as an essential requirement for Judicial Recovery
12/04/2020 By Vitor Antony Ferrari and Ivan Kubala In a note published in September of this year, we had communicated a preliminary decision issued by Minister Luiz Fux, at the time recently sworn in as President of the Supreme Court of Justice, requiring a company in judicial recovery to present the Certificate of Tax Compliance for approval of the […]
Bankruptcy Law Approved
By Antonio Mazzucco, Vitor Antony Ferrari and Ivan Kubala 1 – In a plenary session, the Brazilian Federal Senate approved Bill No. 4,458, which significantly modifies Brazilian bankruptcy legislation. The aforementioned bill in the Senate derives from Bill No. 6,229 of 2005, which was approved in the Chamber of Deputies […]
Cultura Case – Judicial Recovery and Bankruptcy Request arising from Credit not Subject to the Plan
By Vitor Antony Ferrari and Ivan Kubala In the last months of 2018, Livraria Cultura S/A, one of the main and most renowned bookstores in Brazil, aiming to safeguard the maintenance of its economic activity and its continuity in the market, availed itself of the proposal for Judicial Recovery with the objective of financially readjusting itself […]
Diversity in Family and Succession Law
By Vitor Antony Ferrari and Ivan Kubala Over the years, diversity has been gaining more and more space in the guardianships related to Family and Succession Law, an institute that still preserves, unjustifiably, a good dose of conservatism (it is said to be discrimination). As we know, for a long time the family was identified only as the union between […]
Bill 6229/05 on Judicial and Extrajudicial Recovery and Bankruptcy was approved by the Chamber of Deputies this Wednesday, 08/26/2020, and will now be sent to the Senate.
By Vitor Antony Ferrari and Ivan Kubala Bill (PL) 6229/05, which changes several rules of bankruptcy legislation, dates from the same year that Law No. 11,101/05 came into force, which regulates judicial and extrajudicial recovery and bankruptcy, but due to the pandemic of […]
The advantages of asset disposal through Isolated Production Units as a means of Judicial Recovery
By Vitor Antony Ferrari and Ivan Kubala – 06/30/2020 The Judicial Recovery Law provides numerous legitimate means for companies that resort to this tool to restructure themselves, preserving their activities and aiming to resume their growth in order to overcome the momentary economic and financial crisis in which they find themselves. Not […]
Possibility of making payment conditions for labor creditors more flexible in the Judicial Recovery Plan
By Vitor Antony Ferrari and Ivan Kubala – 06/15/2020 Judicial recovery has established itself as a very useful tool for companies that are experiencing temporary economic and financial difficulties, but have a chance of recovery and resuming their growth, in order to preserve their activities, the employment of workers, their social function and the […]
NATIONAL COUNCIL OF JUSTICE – CNJ recommends measures to be adopted in judicial recovery processes to face the crisis imposed by COVID-19
By Vitor Antony Ferrari and Ivan Kubala – 04/01/2020 In the wake of what we had already mentioned in the article published with the theme “The impact of the pandemic on Companies in Judicial Recovery and Legal Measures to Mitigate its Effects”, the National Council of Justice – CNJ approved yesterday, March 31, in its 307th Session […]
The impact of the pandemic on Companies in Judicial Recovery and legal measures to mitigate its effects
By Vitor Antony Ferrari and Ivan Kubala – 03/30/2020 As already mentioned in an article published with the theme Economic Pandemic – Debt Renegotiation, Business Preservation and Judicial and Extrajudicial Recovery in Brazil, given the current economic-financial scenario imposed by the pandemic generated by COVID-19, many companies are already being severely affected, so that […]
The importance of the lawyer in the face of the legality control of the Judiciary in the Judicial Recovery Plan
By Ivan Kubala and Vitor Ferrari As mentioned in a previous article, Law No. 11,101/2005 (LRF), which established the judicial recovery of entrepreneurs and business corporations, has been frequently used by many companies that, although they are in difficulty, demonstrate a real possibility of restructuring and rapid recovery, in order to maintain their production source […]