Luchesi Advogados Launches Guide on Judicial Recovery in the Agribusiness Sector
Considering the challenges and specificities of the agricultural sector, Luchesi Advogados has developed a booklet that highlights the main aspects of Judicial Recovery, focusing on the changes and discussions that have marked agribusiness in recent years, especially in the post-pandemic scenario. This material was produced to help entrepreneurs, managers and everyone involved in the agro-industrial chain to […]
Government proposes new bankruptcies, but experts don't like the idea
In an interview published on the Consultor Jurídico website, our Judicial Recovery specialist, Dr. Camila Crespi, comments on the new figure in bankruptcy proceedings proposed by the government. The Bill, sent by the federal government to the National Congress, which proposes changes to Law 11.101/05 has generated debate among specialists. The creation of the fiduciary manager figure, […]
Why judicial recoveries could approach a record in 2023
In a recent interview published on the Metrópoles website, Dr. Camila Crespi, our lawyer specializing in judicial recovery, comments on the significant increase in requests for judicial recovery in 2023, indicating the possibility of reaching record numbers. From January to October, 1,128 companies filed for judicial recovery in Brazil, an increase of 61.8%. Economic and legal factors explain […]
The number of judicial recoveries is growing, and projections show that they will continue to rise
The effects of high interest rates continue to strangle the financial health of Brazilian companies. Credit became easier during the pandemic, and they took out a large volume of loans. Many were unable to pay off this debt due to the sudden rise in interest rates. The number of companies that are resorting to the courts to gain time, get their house in order […]
LEGAL FRAMEWORK FOR GUARANTEES – Law 14,711/2023, which establishes the Legal Framework for guarantees, was published on 10/30/2023.
Published on 10/30/2023, Law 14,711/2023, which establishes the Legal Framework for guarantees. This Law amends Law No. 10,406 of January 10, 2002 (Civil Code), Law No. 9,514 of November 20, 1997, which provides for the Real Estate Financing System (SFI) and establishes the fiduciary alienation of real estate, and […]
STJ now requires tax certificate in judicial recovery
Decision by the 3rd Panel suspends restructuring process and allows collections against a group of companies in crisis to be resumed. The Superior Court of Justice (STJ) changed the understanding that exempted companies from presenting a negative tax debt certificate (CND) for the approval of a judicial recovery plan. Unanimously, the 3rd Panel decided, […]
123 Milhas: Dr. Camila Crespi, specialist in Judicial Recovery, comments on the company's case.
In an article published on the G1 news website, our lawyer specializing in Judicial Recovery, Dr. Camila Crespi, comments on the travel agency 123 Milhas, which filed for judicial recovery last Tuesday (29). The travel agency filed for judicial recovery this Tuesday (29), stating that the measure is essential for […]
Opinion – Monitoring procedure with copy of the enforcement title
The Superior Court of Justice (STJ), in a recent decision, understood that the attachment of a simple copy of the executive title that supports the action is sufficient to prove the right to recover credit in a monitoring action. This possibility may occur if, after the Judge’s assessment, (i) the executive title is in fact in the […]
STJ analyzes suspension of execution against co-obligors of a company in judicial recovery in a recent decision”
In a recent decision by the Third Panel of the STJ (REsp 1899107 – PR), the issue of determining the suspension of execution against the co-obligors of the company under judicial recovery took on new jurisprudential contours. This is because the Court once again ratified the understanding regarding the extinction of the execution in the face of the recovering party and the suspension […]
Intervening prescription and award of fees – STJ position
The Superior Court of Justice (STJ) has changed its understanding and since 2021 has repeatedly ruled that the termination of proceedings due to the intervening statute of limitations prevents the award of any costs to the parties. In other words, in cases where the plaintiff has not located assets subject to seizure, there is a loss […]