Post by xyz3800 on Feb 28, 2024 7:41:35 GMT 1
It is possible to create subclasses among creditors of companies undergoing judicial recovery as long as an objective criterion is established, justified in the recovery plan and covering homogeneous interests — it is prohibited, for example, to stipulate discounts that cancel the rights of any isolated or minority creditors. Gustavo Lima According to Villas Bôas Cueva, there is no prohibition in the law for granting different treatment between creditors of the same class in judicial recovery Gustavo Lima With this understanding, the 3rd Panel of the Superior Court of Justice denied an appeal from a bank, an unsecured creditor of a company in recovery, and maintained the creation of subclasses of creditors approved by the general meeting.
According to Minister Villas Bôas Cueva, rapporteur, in the case analyzed a distinction was established between unsecured creditors, recognizing benefits to suppliers of essential inputs for the company's operation, a prerogative based on objective criteria and justified in the plan approved by the creditors' meeting. The minister noted that there is no express prohibition in the law for granting different treatment between creditors of the same class in judicial recovery. According to him, the division into subclasses must be based on the establishment Exit Mobile Number List of an objective criterion, covering creditors with homogeneous interests, with a clear justification for their adoption in the recovery plan.Thus, once a criterion has been chosen, all creditors who have homogeneous interests will be grouped under this subclass, and the reason why the differentiated treatment of this group is justified and favors judicial recovery must be expressed, enabling control over the legality of the established parameter” , he said.
With information from the STJ Press Office.In the letter, Deltan Dallagnol defended the legality of the agreement approved by the 13th Federal Court of Paraná, highlighting that the MPF did not assume a role in managing the value. "There is no provision in the text of the agreement regarding the possible management of resources by members of the Public Ministry or any receipt of resources by members of the Public Ministry", she says. Among the arguments presented by "Lava Jato" at the demonstration to legitimize the agreement with Petrobras is the "potential damage caused to Brazilian society by the large corruption scheme, given the compliance failures recognized in the North American agreement". According to the prosecutors, "the scheme harmed not only Petrobras, but generated potential damage to the political and representative system itself and generated potential collective moral damage.
According to Minister Villas Bôas Cueva, rapporteur, in the case analyzed a distinction was established between unsecured creditors, recognizing benefits to suppliers of essential inputs for the company's operation, a prerogative based on objective criteria and justified in the plan approved by the creditors' meeting. The minister noted that there is no express prohibition in the law for granting different treatment between creditors of the same class in judicial recovery. According to him, the division into subclasses must be based on the establishment Exit Mobile Number List of an objective criterion, covering creditors with homogeneous interests, with a clear justification for their adoption in the recovery plan.Thus, once a criterion has been chosen, all creditors who have homogeneous interests will be grouped under this subclass, and the reason why the differentiated treatment of this group is justified and favors judicial recovery must be expressed, enabling control over the legality of the established parameter” , he said.
With information from the STJ Press Office.In the letter, Deltan Dallagnol defended the legality of the agreement approved by the 13th Federal Court of Paraná, highlighting that the MPF did not assume a role in managing the value. "There is no provision in the text of the agreement regarding the possible management of resources by members of the Public Ministry or any receipt of resources by members of the Public Ministry", she says. Among the arguments presented by "Lava Jato" at the demonstration to legitimize the agreement with Petrobras is the "potential damage caused to Brazilian society by the large corruption scheme, given the compliance failures recognized in the North American agreement". According to the prosecutors, "the scheme harmed not only Petrobras, but generated potential damage to the political and representative system itself and generated potential collective moral damage.