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’ claims must be updated up to the date of the request for judicial reorganization, meaning that the terms and indexes deliberated in the plan analyzed and approved at the General Meeting of Creditors will apply.
It is important to point out that until 2021, this understanding applied only to credits approved by creditors in the judicial reorganization, and credits that were not approved would have to wait until the end of the reorganization to be collected, but would still be subject to monetary restatement.
The Rapporteur of the case, Justice Nancy Andrighi noted that the previous position of the 3rd panel was overtaken by a judgment of the 2nd Section in which the thesis was established that the effects of the granting of judicial reorganization reach all credits prior to the request.
In this way, in the period between the request for judicial reorganization and the date of actual payment, the non-qualified credit will also be adjusted in accordance with the terms and indexes decided in the reorganization plan, which makes it possible to state that this is a step forward in terms of equality between creditors.
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 nº 2.041.721/RS (2022/0380679-4)
