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 […]
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 […]
