STJ denies restitution to borrower after failed property auctions
Recently, the 3rd Panel of the Superior Court of Justice (STJ) upheld the decision of the 32nd Chamber of Private Law of the São Paulo State Court of Justice, which did not refund the amounts to the borrower after the loan defaulted, as provided for in Law No. 9.514/97 – the “Fiduciary Alienation Law”. This […]
Judicial debts and sentences gain new parameters for monetary correction and interest rates
Law No. 14.905/24, passed on July 1, 2024, amended the Civil Code to standardize the rules on monetary correction and interest rates in civil, judicial or extrajudicial obligations. Most of these changes will come into force within 60 days of the publication of the new law. In short, the main changes are: These changes resolve […]
Odebrecht files for judicial reorganization with debts of 4.6 billion dollars
Odebrecht’s request for judicial reorganization has been accepted by the courts. The company has debts totaling 4.6 billion dollars. In an interview with Rádio Nova Brasil FM, Leonardo Ribeiro Dias, head of our Litigation, Arbitration and Insolvency practice, said that the expectation is that the group will be able to restructure its debts and obtain […]
STJ holds that breach of the arbitrator’s duty to disclose only annuls arbitral award if impartiality is prejudiced
Recently, the 3rd Panel of the STJ decided, by 3 votes to 2, that a breach of the arbitrator’s duty to disclose only annuls an arbitration award if this breach affects the arbitrator’s impartiality. In the case on trial, a medical services company and a doctor, convicted in arbitration proceedings, filed an action to annul […]
Electronic Judicial Domicile: mandatory registration for MEIs, small and micro-enterprises ends in September
Individual micro-entrepreneurs (MEIs), micro-enterprises and small businesses have until September 30 to register with the Electronic Judicial Domicile. This registration is necessary to receive summonses and subpoenas and must be done through the integrated Redesim system – the National Network for Simplifying the Registration and Legalization of Companies and Businesses. Companies that are already registered […]
With mass indebtedness, requests for judicial recovery are on the rise
The number of requests for judicial reorganization in Brazil increased by 80% in the first four months of the year. Bankruptcy filings are also on the rise. According to Serasa, 90 were registered in April, an increase of 69.8% compared to the same month last year. A proposal to reform the Bankruptcy Law is currently […]
Heirs are not personally liable for the deceased’s debts until the inventory has been completed and the assets divided up
Recently, the 3rd Panel of the Superior Court of Justice (STJ), in Special Appeal No. REsp 2.042.040 – SP, handed down a decision of great relevance to heirs in probate proceedings, establishing that they are not personally liable for the deceased’s debts until the probate is concluded and the assets are divided. The decision brings […]
Polishop’s judicial reorganization
Polishop went into judicial reorganization with a declared debt of R$395 million and a loss of more than R$155 million in 2023. One of the demands expressed in the petition was to keep the partners’ private assets secret. In an interview with Bloomberg Línea, Leonardo Ribeiro Dias, head of our Litigation, Arbitration and Insolvency practice, […]
Reform of the Civil Code: change in the valuation of quotas and shares in companies in the division of assets
The bill to reform the Civil Code suggests that the appreciation of shares or equity stakes, when they occur during the marriage, should be taken into account in the division of the couple’s assets, even if the shares were acquired before they were married. However, this suggestion is contrary to the understanding of the Superior […]
Casas Bahia (BHIA3) has a ‘smart’ and ‘persuasive’ strategy
Casas Bahia’s out-of-court reorganization, announced at the end of April, stirred up the market, with investors taking a positive view of the context. The news was read as a “smart” and “persuasive” strategy coming from a company that belongs to one of the most complex sectors of the Brazilian economy, which is retail. In an […]
