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 the concept of expenses of the estate, which are necessary for the administration of the assets, falling within the scope of an extra-petition credit”.
In addition, the Justice also said that “In turn, the credits relating to condominium expenses after the request for judicial reorganization are, in fact, extrajudicial, which is why the related individual execution should proceed normally towards the satisfaction of the credit right held by the appellant condominium”.
Thus, with this new unprecedented understanding, there is a precedent that can be adopted in similar cases, making it possible to suspend any individual enforcement of a bankruptcy claim during the stay period, and once the judicial reorganization is granted, the obligation presented in the enforcement order must be extinguished.
Marcos Martins Advogados is attentive to the latest case law and discussions in all areas of the Judiciary in order to provide adequate and effective advice to its clients.
[1] REsp n.2.002.590
