Post by account_disabled on Jan 11, 2024 12:39:37 GMT 5.5
In the case of high legal fees, considered labor credit by equivalence, it is possible to apply the limit of 150 minimum wages for preferential payment provided for in article 83, item I of the Bankruptcy and Judicial Recovery Law (Law 11,101/2005). reproduction Limitation is possible as long as it is provided for in the plan approved at the creditors’ meeting Reproduction With this understanding, the 4th Panel of the Superior Court of Justice upheld the special appeal filed by companies that, in judicial recovery, sought to limit the preferential payment of fees owed to a law firm.
The recovery plan approved by the General Assembly of Creditors included clauses that created a subclass of labor creditors with a credit score greater than 150, who had to choose a way of receiving the debt: in more than 15 years, with a discount of 30%; or in up to one year, with a discount of 80%. This Telegram Number Data subclass comprises a law firm, holding a bankruptcy credit worth R$4.1 million. The possibility of limiting receipt is provided for in article 83, item I of Law 11,101/2005 , in the section intended for bankruptcy proceedings. The office protested against the application for judicial recovery and obtained a favorable decision at the Mato Grosso Court of Justice.
The second degree court understood that, in the case of judicial recovery, there is no reason to limit credit, as there is no competition between creditors. “In recovery there is only a special novative legal transaction, through a plan proposed by the debtor and approved by the General Assembly of Creditors”, says the ruling. Rafael L. Rapporteur, minister Marco Buzzi applied STJ jurisprudence on the subject Rafael L. Rapporteur, Minister Marco Buzzi cited STJ jurisprudence to the effect that Law 11,101/2005 aims to ensure that labor creditors are paid in advance for their debts, with the aim of obtaining a reasonable and sufficient amount to support themselves.
The recovery plan approved by the General Assembly of Creditors included clauses that created a subclass of labor creditors with a credit score greater than 150, who had to choose a way of receiving the debt: in more than 15 years, with a discount of 30%; or in up to one year, with a discount of 80%. This Telegram Number Data subclass comprises a law firm, holding a bankruptcy credit worth R$4.1 million. The possibility of limiting receipt is provided for in article 83, item I of Law 11,101/2005 , in the section intended for bankruptcy proceedings. The office protested against the application for judicial recovery and obtained a favorable decision at the Mato Grosso Court of Justice.
The second degree court understood that, in the case of judicial recovery, there is no reason to limit credit, as there is no competition between creditors. “In recovery there is only a special novative legal transaction, through a plan proposed by the debtor and approved by the General Assembly of Creditors”, says the ruling. Rafael L. Rapporteur, minister Marco Buzzi applied STJ jurisprudence on the subject Rafael L. Rapporteur, Minister Marco Buzzi cited STJ jurisprudence to the effect that Law 11,101/2005 aims to ensure that labor creditors are paid in advance for their debts, with the aim of obtaining a reasonable and sufficient amount to support themselves.