M&A and Judicial Recovery
By: Vitor Ferrari and Ivan Kubala The market for buying and selling companies (better known as M&A) is booming and in judicial recovery there are business opportunities with attractive values that guarantee greater security for those interested in acquiring shares or assets of a given company or economic group. This is because […]
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, […]
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 […]
PL 815/22: New possibilities for cooperatives
By: Vitor Ferrari and Ivan Kubala On April 4, 2022, federal deputy Hugo Leal (PSD/RJ) presented Bill No. 815/2022, which regulates the reorganization of cooperative societies, amending provisions of Law No. 5,764/71. On May 18, 2022, the Bill was referred to the Committee on Economic Development, Industry, Commerce and Services […]
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 […]
Restructuring of Paraná Club
By: Vitor Ferrari and Ivan Kubala. After a dismal 2021 that resulted in an increase of R$1.4T 6 million in its total liabilities, Paraná Clube, a traditional football team from Curitiba, has decided to file for judicial recovery at the Bankruptcy and Judicial Recovery Court of Curitiba. Those responsible claim […]
Cruzeiro's request for Judicial Recovery granted
By: Vitor Ferrari and Ivan Kubala On July 13, 2022, the substitute judge of the Business Court of the district of Belo Horizonte, Minas Gerais, Adilon Cláver de Resende, granted the request for judicial recovery of Cruzeiro Esporte Clube, filed earlier that week. Other soccer teams have already filed requests for judicial recovery before the competent courts, but […]
Legal and Practical Aspects of Preliminary Injunctions
By: Vitor Antony Ferrari and Ivan Kubala Provided for in Law 11.101 (Business Recovery and Bankruptcy Law) and amended by Law 14.112/20, this measure consists of suspending executions so that the debtor can negotiate with its creditors, avoiding the filing of Judicial Recovery. In this procedure, it is necessary to present documents, and […]
The New Extrajudicial Recovery
By: Vitor Antony Ferrari and Ivan Kubala. Extrajudicial Recovery is an option for many, but not all, companies that are experiencing economic difficulties. The first major filter of RE is the fact that it is not suitable for all companies, but for those that still have some credibility, despite having an economic structure […]
The different types of usufruct and their implications
By Vitor Ferrari and Ivan Kubala Some legal institutions are famous in popular culture, since they are widely used by the population, such as usufruct. This is characterized by the transfer of possession of a good to a third party, who acquires use and enjoyment of the transferred good, without the person who transferred it losing the right to […]