Mediation in Judicial Reorganization: A Strategic Tool in All Phases of Business Crisis
Mediation in Judicial Reorganization: Economic and financial crises rarely respect the timeline of legal proceedings. When cash flow is tight, each week of litigation means loss of value, suppliers, and market credibility. Mediation gives back to the entrepreneur exactly what judicial disputes take away: time, information, and control over the solution. More on this topic...
Outside the Plan, Outside the Novation: What the STJ Decision Says About Extrajudicial Restructuring
The nature of out-of-court restructuring in Brazilian law. Out-of-court restructuring has become established in the Brazilian legal system as a faster and less costly mechanism for the recovery of companies in economic and financial crisis. Unlike judicial reorganization, which attracts all creditors subject to its effects, the out-of-court modality has an eminently contractual nature […]
Cross-border insolvency
Transnational insolvency occurs when the economic and financial crisis of a company or group of companies transcends the borders of a single state and involves assets, creditors, contracts, operations, or establishments located in multiple jurisdictions. It is a complex legal phenomenon characterized by the simultaneous presence of relevant elements subject to different legal systems.
Financial Restructuring: Strategic Planning in Times of Uncertainty
In a dynamic and sometimes adverse economic environment, a company's resilience is tested to the limit. Financial crises, regardless of their origin, present complex challenges that demand from entrepreneurs not only rigorous financial management but also a keen strategic vision. Far from being a sign of failure, financial restructuring, when done well […]
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 […]
Non-Incidence of Disregard of Legal Personality in the Judicial Recovery Process
By: Vitor Ferrari and Ivan Kubala In order to protect economic activity, job creation and the social function of companies, the legislator chose to create means of protection for companies undergoing recovery that are in economic difficulties and also to ensure that their creditors receive what is rightfully theirs. Among them, […]
Mazzucco&Mello announces that it is organizing a Pool of Creditors to act in the Judicial Recovery of [Rossi].
According to partner Vitor Ferrari, responsible for the debt restructuring area of the firm, given the number and volume of creditors and dispersed credits that involve 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 […]
Sale of Assets in Judicial Recovery
By: Vitor Antony Ferrari, Ivan Kubala The Bankruptcy and Judicial Recovery Law lists an exemplary list of means that companies can use in their recovery plan and to preserve their activities, among which the sale of assets stands out. However, there are some rules that must be observed by companies in […]