The role of judicial administrators in the RJ process
By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri* Bankruptcy and recovery proceedings are very large and complex processes, so much so that it is impossible for judges to conduct them without specialized help, even more so when they are responsible for judging hundreds of different cases. In order to guarantee speed and legal certainty to these […]
What are the implications of judicial recovery for creditors?
By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri* In order to remain operational, generating jobs, boosting the economy and fulfilling their social function, many companies in financial difficulties opt for Judicial Recovery. This is an extreme measure, the company’s last attempt to avoid bankruptcy and, consequently, the closure of […]
Difference between bankruptcy and judicial recovery
With the publication of Law 11.101/05, there was a true revolution in Brazilian bankruptcy law: the concordat was replaced by judicial recovery, which introduced a series of new features.
DIP Financing in Judicial Recovery
Companies under recovery that lack the necessary cash and the possibility of selling assets have great difficulties in recovery processes. In order to help them, the legislator imported from American law the DIP Financing figure, a form of immediate financing in which the company receives capital from external investors.
Family Protocol: what it is and what its purpose is
Family businesses make up the vast majority of companies in the country. However, they are subject to a series of family issues that can lead to their extinction. In order to mitigate such problems, it is necessary to draw up a family protocol: a document whose function, in addition to
to keep the legacy and history of the business family alive, determines, through contractual clauses, how the administration, succession and responsibility of family members towards the company will be.
Light: from precautionary request to Judicial Recovery.
By: Vitor Ferrari, Ivan Kubala and Nicoly Crepaldi After a series of deficit financial statements and suffering from theft of electricity, Light SA, the holding company that manages Grupo Light, and its concessionaires requested, based on law 13.140/2015, the Mediation Law, before the Court of Rio de Janeiro, the granting of Precautionary Remedy in […]
Non-attachability of property transferred in trust
By: Vitor Ferrari and Ivan Kubala. After a unanimous decision, the 3rd Panel of the Superior Court of Justice ruled that a property given as a fiduciary guarantee cannot be seized, the seizure of which was requested in an action to enforce condominium expenses that were the responsibility of the fiduciary debtor. In other words, according to the Court’s understanding, the property given as a fiduciary guarantee […]
Rio de Janeiro court accepts Petrópolis Group's request for judicial recovery
By: Vitor Ferrari and Ivan Kubala On March 27, 2023, Grupo Petrópolis, a brewery that produces brands such as Itaipava and Petra, filed a judicial request for judicial recovery, with immediate granting of a request for incidental precautionary relief in order to prevent the dilapidation of its cash flow due to the large liabilities […]
Avaí's Request for Judicial Recovery
By: Vitor Ferrari and Ivan Kubala The biggest football team in the state of Santa Catarina, Avaí Futebol Clube, has been facing a complicated situation regarding its accounts for years: the club's debts and indebtedness are extremely high. As a result, the club filed for judicial recovery in 2023, the year of its centenary, […]
Main differences between Bonds and CRAs
By: Vitor Ferrai and Ivan Kubala Bonds and CRAs (Agribusiness Receivables Certificates) are types of fixed income investments that have some important differences between them. The category of securities called Bonds encompasses several types of securities with similar functions: debt securities issued by companies, governments or financial institutions with […]