Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Walter Stuber Consultoria Jurídica ordered by Published Date Descending.
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The Brazilian Development Bank Approves The Program Of Reintegration Of Assets Of Insolvent Companies To The Production System
On August 25, 2016, the Brazilian Development Bank (Banco Nacional de Desenvolvimento Econômico e Social – BNDES) approved a Program to Promote the Revitalization of Productive Assets (Programa de Incentivo à Revitalização de Ativos Produtivos), ...
30 Aug 2016
Financial Institutions Recovery Plans in Brazil
Continuing the process of adoption in Brazil of the international standards of prudential regulation, on June 30, 2016 the Brazilian Monetary Council (Conselho Monetário Nacional – CMN) issued Resolution No. 4,502 (CMN Res. 4,502/2016), laying down minimum requirements to be observed in the preparation and implementation of recovery plans for financial institutions ..
7 Jul 2016
The Brazilian Guaranteed Real Estate Bill
The Guaranteed Real Estate Bill (Letra Imobiliária Garantida - LIG) is a new credit instrument for long-term funding by financial institutions destined to real estate credit expansion, created by the Brazilian Federal Government by means of Provisional Measure ..
8 Jan 2015
New Rules For Judicial Recovery Of Micro And Small Companies In Brazil
Among other provisions Complementary Law No. 147, of August 7, 2014 (LC 147/2014), amended the rules laid down in Law No. 11101, of February 9, 2005 (Law 11101/2005), which regulates the judicial and out-of-court recovery and the bankruptcy of businessmen and business companies ..
22 Aug 2014
The Preemptive Rights Of Creditors In The Judicial Recovery Plan
The Third Chamber of the Brazilian Superior Court of Justice (Superior Tribunal de Justiça - STJ) recently ruled that who did business with a company after its judicial recovery plan is granted takes precedence in the line of creditors, if the recovery is not feasible and it is converted into bankruptcy.
1 Jul 2014
Advancements On Foreign Exchange Contracts Are Excluded From The Effects Of The Judicial Recovery In Brazil
The Third Chamber of the Brazilian Superior Court of Justice decided, by majority of votes, that the execution of advancements on foreign exchange contracts is not subject to the effects of the judicial recovery plan of a Brazilian company by force of law.
18 Mar 2013
The Treatment Given To Credits Secured By Fiduciary Assignment In The Judicial Recovery Plan Of A Brazilian Company
The Fourth Chamber of the Brazilian Superior Court of Justice (Superior Tribunal de Justiça – STJ) ruled that credits secured by fiduciary assignment (cessão fiduciária) of receivables are not subject to the judicial recovery plan of a Brazilian company .
22 Feb 2013
Acquisition Of Assets Under The Brazilian Bankruptcy Law
"Labor Courts in Brazil are very reluctant to accept the universal jurisdiction of the Bankruptcy Court in the case of labor claims of companies undergoing a judicial recovery plan. The Brazilian Federal Supreme Court confirmed the application of the Brazilian Bankruptcy Law in a leading case related to the acquisition by Gol of Varig´assets, ruling that the Bankruptcy Court has the authority to judge such claims."
13 Oct 2009
The New Bankruptcy Law
Law nº 11101, of February 9, 2005, the New Bankruptcy Law, was finally enacted after eleven years of congressional action, and it is also known as the Corporate Recovery Law. This law prioritizes the recovery of companies rather than the bankruptcy, which may maintain job positions and safeguard the interests of creditors, by preserving the company, its social-interest role and encouraging economic activities, provided that the continuance of the debtor’s operations is viable.
4 Apr 2005
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