Reverse Auction in Judicial Recovery
By: Vitor Ferrari and Ivan Kubala It is common knowledge that asset auctions are possible in judicial recovery processes. This is often the main strategy of the company under recovery to raise the amounts needed to pay off the debts, especially in cases where the company’s cash flow is deficient and there is no […]
Differences between notary offices and notary offices
By: Vitor Ferrari and Ivan Kubala For many, the terms “notary’s office” and “notary’s office” are synonymous and refer to places where documents are issued, signed and modified. However, this is not true. These institutions have different purposes, responsibilities and attributions, which complement each other. Notary’s offices are public institutions, managed by private employees who have passed public exams, whose responsibility is […]
Increase in the number of judicial recoveries
By: Vitor Ferrari and Ivan Kubala According to data from Serasa Experian, the number of requests for judicial recovery grew in the last months of 2022, affecting both large and small companies. Observing the current political and economic scenario in the country, it is likely to remain high. Recently, the topic became popular due to the […]
Paranapanema presents Judicial Recovery Plan
By: Vitor Ferrari and Ivan Kubala On February 16, 2023, Grupo Paranapanema published its Judicial Recovery Plan in its judicial recovery records, through which it intends to recover. The main idea is to overcome its economic and financial crisis by restructuring its liabilities, which will consequently deleverage its debt […]
Procedural rite of Judicial Recovery
By: Vitor Ferrari and Ivan Kubala All judicial proceedings follow a specific procedure in order to ensure predictability and increase the legal certainty of the case. Judicial Recovery is no exception, however, it is subject to a specific procedure provided for in the Judicial Recovery and Bankruptcy Law, Law 11.101/05. First, it is important to clarify who is […]
CPF – Document accepted for identification throughout Brazil, did you know that?
By: Vitor Ferrari and Ivan Kubala On January 11, 2023, Law 14,534/2023 was published in the Official Gazette of the Union, whose legal text, in addition to amending other legal provisions, established the registration number in the Individual Taxpayer Registry, the CPF, as “unique and sufficient for identifying the citizen in public service databases”. In addition, […]
Oi files for bankruptcy protection again.
By: Vitor Ferrari and Ivan Kubala It is already common knowledge that Oi S/A, or simply “Oi”, is going through a serious financial crisis due to its debts getting out of control and the difficulty in generating cash to pay them off. In view of this scenario, and seeking to curb enforcement proceedings, seizures and account freezing, […]
Possibility of Judicial Recovery for Rural Producers.
By: Vitor Ferrari and Ivan Kubala With the changes brought about by Law 14.112/20, which amended and inserted provisions into Law 11.101/05, judicial recovery for rural producers, as long as they are entrepreneurs, has become possible. The measure is of utmost importance for the national economy, since the agricultural sector has a large share in the Gross Domestic Product […]
Need for Registration with the Commercial Board for granting RJ for rural producers.
By: Vitor Ferrari and Ivan Kubala As stipulated by the Brazilian legal system, the entrepreneur who wishes to obtain approval for the judicial recovery process for his company must, mandatorily, comply with certain prerequisites, among which are: regularly exercising, up until the time of the request, his activities for at least 2 years; and being duly registered with the […]
Cram Down
By: Vitor Ferrari and Ivan Kubala Created by American Law and present in Chapter 11 of the USC, Cram Down is an institution that grants the judge responsible for the judicial recovery process powers to approve the judicial recovery plan prepared by the recovering party, even if some of the creditors oppose the proposed guidelines. Therefore […]