Suspension of sale of MMX debentures
By: Vitor Ferrari and Ivan Kubala The Superior Court of Justice has suspended the sale of debentures from the bankrupt estate of the mining company MMX Sudeste, owned by businessman Eike Batista. As a result, the judicial recovery process, which seemed to be flowing, has once again stalled, greatly worrying creditors, who fear they will not receive their credits any time soon, […]
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, […]
Judicial Observers in Judicial Recovery
By: Vitor Ferrari and Ivan Kubala With the approval of the request for judicial recovery by the judge, the company is obliged to prepare a judicial recovery plan to pay its creditors within 60 days, which, if approved by the General Creditors’ Meeting, begins to be put into practice. In order to monitor the […]
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 […]
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 […]
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 […]