Paulista Agreement: Government allows companies in RJ to pay ICMS in installments
The São Paulo State Attorney General’s Office (PGE) has published Notice of Settlement No. 03/2024, launching the third phase of the “Paulista Settlement” Program, a program that makes it possible for companies in the process of judicial reorganization, judicial liquidation, out-of-court liquidation or bankruptcy to pay ICMS debts registered as active debt in installments. Adherence […]
Why is out-of-court reorganization still underused in Brazil?
In recent years, Brazil has seen a significant increase in the number of judicial recoveries. According to data from Serasa Experian, the growth was almost 70% last year and 71% in the first half of 2024 alone, compared to the same period in 2023. This phenomenon can be explained by several factors, ranging from the […]
Is it possible to include a company in Judicial Reorganization due to recognition of an economic group?
In a recent decision, the 3rd Panel of the Superior Court of Justice (STJ) established that, in exceptional circumstances, the recognition of an economic group allows the judge to include companies in the active party of a Judicial Recovery Action (“RJ”). This decision stems from the Dolly Group‘s RJ, in which the inclusion of the […]
Private law foundations cannot apply for judicial reorganization
In a recent decision1, the Superior Court of Justice (STJ) consolidated the understanding that private law foundations (which are non-profit organizations) do not have legal standing to file for judicial reorganization, under the terms of Law 11.101/2005, which regulates judicial reorganization and bankruptcies. What the Superior Court of Justice says The STJ pointed out that […]
Court accepts receivership of Starbucks and Subway operator in the country
In an interview with journalist Sérgio Ripardo, from Bloomberg Línea Brasil, Leonardo Ribeiro Dias, head of our litigation, arbitration and insolvency area, commented on the decision by the judge of the 1st Bankruptcy and Judicial Recovery Court of São Paulo to accept the request for judicial recovery of the holding company SouthRock Capital. In the […]
In judicial reorganization, Bullguer has a plan to get out of the R$113 million crisis. Will it work?
In an interview with Exame journalist Daniel Giussani, Leonardo Ribeiro Dias, head of our litigation, arbitration and insolvency department, commented on Bullguer’s restructuring plan to get out of the crisis. The company, which went into judicial reorganization just over a year ago, had its reorganization plan approved by its creditors in order to recover from […]
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 […]
Starbucks: termination of use of the brand by the parent company prompted request for reorganization
In an interview with Bloomberg Línea Brasil, Leonardo Ribeiro Dias, head of our litigation, arbitration and insolvency practice, commented on the request for judicial reorganization by SouthRock Capital, the company that represents Starbucks in Brazil. On October 13, Starbucks notified SouthRock Capital of the immediate termination of the contracts. And, according to the expert, the […]
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. […]
Maxmilhas files for judicial reorganization and blames the crisis on 123milhas, its owner
In an interview with Bloomberg Línea Brasil, Leonardo Ribeiro Dias, head of our litigation, arbitration and insolvency department, commented on the request for judicial reorganization by Maxmilhas, which was acquired in January by 123milhas. With a debt of R$226 million, Maxmilhas wants to stop paying creditors and suppliers for a while, but intends to maintain […]
