Jayme Petra de Mello Neto
Lawyer at Marcos Martins Advogados
The Jundiaí Labor Court fully accepted the arguments presented by a company undergoing judicial reorganization, which sought reconsideration of the order to seize the rents of one of its properties, suspending the enforcement acts in order to grant the issuance of a certificate for the credits to be registered with the Universal Court.
The Labor Claim was in the execution phase with a payment order, and the Claimant reported in the records that the Company under reorganization, although it had sold one of its isolated production units (“UPI”), continued to own the property, even receiving the monthly rents paid by the company that acquired the UPI under the reorganization plan.
The Jundiaí Labor Court granted the Claimant’s request and ordered the immediate issuance of a warrant to seize the rents owed by the tenant company to the Executed Company until the Court was fully guaranteed, under the penalties of the law for the crime of disobedience.
The Foreclosed Company quickly asked for reconsideration, explaining that in addition to its situation as a company in judicial reorganization, in which, by legal determination, the debtor’s assets must remain unchanged, and any sale or encumbrance of the company’s assets is prohibited, that the rents were now used to pay the installments, and that it was the fulfillment of the obligations set out in the plan that would prevent the reorganization from turning into bankruptcy, which was considered by the Jundiaí Labor Court when it reconsidered the attachment order.
