Extrajudicial compulsory adjudication of real estate regulated
In January of this year, Law 14.382/22 came into force, implementing the Electronic Public Records System (Serp). Among the innovations introduced is the possibility of extrajudicial compulsory adjudication of real estate. Compulsory Adjudication is the right of the buyer to force the transfer of ownership of a property, provided he has fulfilled all his contractual […]
STJ authorizes attachment of shares of debtor company in Judicial Reorganization
In a recent decision[1], the 3rd Panel of the Superior Court of Justice ruled that the creditor can seize shares of the debtor that are part of the share capital of a company undergoing judicial reorganization, given that the change in assets does not imply a reduction in the assets of the company being reorganized. […]
STJ decides that credit not qualified in RJ is subject to monetary restatement limit:
The 3rd Panel of the Superior Court of Justice, in a recent decision[1], held that although creditor qualification in judicial reorganization is not mandatory, unqualified claims are subject to a monetary restatement limit. The new jurisprudential understanding of Art. 9, item II of the Judicial Reorganization and Bankruptcy Law (Law No. 11.101/2005) stipulates that creditors’ […]
Condominium credit is only extraconcursal if it comes after reorganization, STJ decides
In a recent decision[1], the 3rd Panel of the Superior Court of Justice unanimously ruled that claims for condominium debts prior to the filing for judicial reorganization are concurrent and must be paid under the terms defined in the judicial reorganization. In other words, Justice Marco Aurélio Bellize ruled that “condominium debts are included in […]
In cases of Early Production of Evidence, the right to an adversarial hearing cannot be completely denied
The Third Panel of the Superior Court of Justice (“STJ”), in a recent ruling[1], unanimously decided to annul the effects of the decision handed down in the lower court which ordered, without the right of defense, that an auditing company produce the documentation under its responsibility. In the case analyzed by the collegiate court, the […]
Electronic contracts are recognized as extrajudicial executive titles
An important legislative change took place on July 14, with the publication of Law No. 14.620/2023, which added paragraph 4 to article 784 of the Code of Civil Procedure (CPC), with the following wording: “In executive titles constituted or attested by electronic means, any form of electronic signature provided for by law is admitted, with […]
Updating of judicial reorganization credits may have criteria that differ from the law
In a judgment on a Special Appeal[1] by a company undergoing judicial reorganization, the 3rd Panel of the Superior Court of Justice (STJ) ruled that the general meeting of creditors is free to establish a criterion for updating claims other than that provided for in article 9, II, of Law 11.101/2005, provided that it does […]
Guarantee insurance is equivalent to cash collateral even if the creditor opposes it
In a recent decision handed down in Special Appeal 2034482/SP, the Superior Court of Justice ratified the possibility of replacing a cash attachment with judicial guarantee insurance in civil enforcement actions, as set out in paragraph 2 of article 835 of the Code of Civil Procedure. In this judgment, the appellant bank opposed the presentation […]
São Paulo court rules that interest rates charged by banks cannot be higher than the market average
This is a topic that always comes up again in times of high SELIC rates. In this scenario, it is common for financial institutions to be challenged in court for an alleged abuse in charging interest. Recently, the São Paulo Court of Justice, through the 20th Chamber of Private Law, consolidated its understanding that banks […]
Superior Court of Justice rules that all defendants must be notified of the property appraiser
In a recent decision, the 3rd Panel of the Superior Court of Justice[1] ruled that all defendants must be notified of the order appointing the expert appraiser of the property being seized, in compliance with Article 465, paragraph 1 of the CPC. The case in question involved an action for enforcement of an extrajudicial title […]
