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 […]