Is it bankruptcy’s turn?
The article “Is it bankruptcy’s turn?”, written by Leonardo Ribeiro Dias and João Máximo Rodrigues, from our litigation, arbitration and insolvency practice, is featured in Estadão. Three years after the reform of the Reorganization and Bankruptcy Law, the Federal Government intends to implement new changes to the corporate insolvency system, this time focusing on bankruptcy. […]
Is it bankruptcy’s turn?
Three years after the important reform of the Bankruptcy and Reorganization Law, the Federal Government intends to implement new changes to the corporate insolvency system, this time focusing on bankruptcy. This likely update should generate interesting opportunities for the stressed asset market. According to data from Serasa Experian, based on the 12 months to November […]
Judicial reorganization: crop failure causes claims to skyrocket in 2023
Leonardo Ribeiro Dias, head of our litigation, arbitration and insolvency department, was interviewed live on Canal Rural’s Mercado & Cia program, where he discussed the crop failure and the increase in requests for judicial recovery by rural producers. During the conversation with journalist Pryscilla Paiva, Leonardo explained, among other things, how the judicial recovery process […]
After an increase in bankruptcies and judicial reorganizations, bill aims to speed up proceedings
2023 was the year with the 4th highest rate of requests for judicial recoveries in the history of Serasa Experian (which began in 2005) and the highest figure since the beginning of the pandemic. Bankruptcy filings also rose in the period. As both processes take a long time to be resolved in Brazil, the Ministry […]
With Gol in receivership, what happens to passengers? Is there a risk of no flight?
In an interview with Uol journalist Alexandre Saconi, Leonardo Ribeiro Dias, head of our litigation, arbitration and insolvency practice, commented on Gol’s judicial reorganization process. With the announcement of its adherence to Chapter 11 in the United States, many questions have been raised, including why the company chose to file outside of Brazil. According to […]
What should be Gol’s next steps in judicial reorganization in the US?
In an interview with InfoMoney journalist Iuri Santos, Leonardo Ribeiro Dias, head of our litigation, arbitration and insolvency practice, commented on the next steps for Gol, which is undergoing judicial reorganization in the US. Gol has filed for judicial reorganization in the US and now depends on the approval of the US$950 million financing through […]
STJ recognizes validity of contractual clause limiting liability
The 3rd Panel of the Superior Court of Justice (STJ) has recognized the validity of a contractual clause that provides for the limitation of liability of the contracting parties, provided that it is freely agreed. It is therefore a matter of guaranteeing the exercise of the parties’ autonomy of will, which must be ensured as […]
Untimeliness of appeal is ruled out when the court system gives the wrong deadline
The 3rd Panel of the Superior Court of Justice (STJ) decided to rule out the untimeliness of an appeal, caused by the erroneous indication of the deadline in the electronic system of the Minas Gerais State Court of Justice (TJ/MG). As decided by the collegiate body, in these situations, recognizing the timeliness of the appeal […]
Bank deposits of legal entities can be seized, STJ decides
In a recent decision, the 3rd Panel of the Superior Court of Justice (STJ) reaffirmed the understanding that bank deposits in the name of legal entities, which operate for business purposes, are not protected by the impeniability provided for in Article 833, X, of the Code of Civil Procedure. Thus, the STJ reinforced that, in […]
STJ decision establishes requirement of fiscal regularity for judicial reorganization to be granted
On October 17, 2023, the 3rd panel of the Superior Court of Justice (STJ) handed down a decision that marked a significant change in the interpretation of the need for tax compliance in order for judicial reorganization to be granted. The decision in question refers to Special Appeal No. 2.053.240/SP. Prior to this, the prevailing […]
