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. […]
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 […]
Superior Court of Justice rejects National Treasury’s request for online seizure before summons
Isabela Magalhães RodriguesLawyer at Marcos Martins Advogados Recently, in a unanimous decision handed down by the Superior Court of Justice (STJ), taxpayers won an important victory in a decision that rejected the National Treasury ‘s request for online seizure prior to service of process. The ban on blocking actions via SISBAJUD, known as “stubbornness”, before […]
STJ decides that guarantor’s salary cannot be seized to pay off rent debt
STJ negou provimento ao recurso do credor, que pedia a penhora de 30% do salário de fiador em uma ação de quitação de dívida de aluguéis
