THE TACIT WAIVER OF THE FIDUCIARY GUARANTEE WITH CONSEQUENT SUBJECTION OF THE CREDIT TO THE EFFECTS OF JUDICIAL REORGANIZATION

Jayme Petra de Mello NetoPriscilla FolgosiLawyers at Marcos Martins Advogados Law 11.101/05 – the Judicial Reorganization and Bankruptcy Law or (LRF) excludes fiduciary-guaranteed credit from the effects of judicial reorganization (art. 49, §3[1]), authorizing the creditor to consolidate the fiduciary guarantee and may even remove the asset from the debtor’s establishment immediately, unless it is […]

CROSS-BORDER INSOLVENCY

Jayme Petra de Mello NetoLegal Coordinator at Marcos Martins Advogados One of the great unregulated areas of Brazilian law is undoubtedly that relating to cases involving transnational companies in crisis. Although we have made significant progress in adopting a more up-to-date model of “company law in crisis” (already consolidated almost as an autonomous branch in […]

OUT-OF-COURT MEDIATION

Jayme Petra de Mello NetoLegal Coordinator at Marcos Martins Advogados The year 2016 promises to be very intense and mark a new period in the history of conflict resolution in Brazil. At the center of the spotlight is the New Code of Civil Procedure, Law No. 13.105/2015, which comes under the inspiration of celerity and […]