ASSEMBLEIA DE CREDORES DA RECUPERAÇÃO JUDICIAL - Direito Empresarial

Summary

In this video, Professor José Humberto explains the significance of the Creditor's Assembly in the judicial recovery process under Brazilian law (Law 11.101/2005). The video covers key functions of the assembly, including approval or rejection of the recovery plan, the establishment of a creditors' committee, and the decision on the debtor's request for withdrawal from recovery. It also discusses the possibility of appointing a judicial manager and deliberating on matters affecting the creditors' interests. With insights into recent changes in bankruptcy law, this video offers crucial information for students and professionals in corporate law.

Takeaways

• 😀 The importance of the Creditors' Assembly in judicial recovery as per Brazilian Law 11.101/2005 is critical for understanding the judicial recovery process.
• 😀 The process of judicial recovery begins with the debtor requesting recovery and the court deciding whether to proceed with the case, followed by deadlines for the debtor and creditors to present their recovery plan and claims.
• 😀 The Creditors' Assembly plays a key role in approving, rejecting, or modifying the debtor's recovery plan, which is a significant moment in the judicial recovery process.
• 😀 If the creditors reject the recovery plan, it may lead to bankruptcy, which is a negative outcome for the debtor.
• 😀 The assembly is also responsible for forming the Creditors' Committee, which plays a crucial role in representing creditors' interests during the recovery process.
• 😀 If the debtor wishes to withdraw from the judicial recovery, the assembly must approve or reject this request; the debtor's desire alone is insufficient.
• 😀 The assembly has the authority to nominate a judicial administrator if it is deemed necessary, especially when the debtor is not fit to continue managing their business.
• 😀 A judicial administrator may replace the debtor in business operations if their actions endanger the recovery process, which is decided by the assembly.
• 😀 The assembly also deliberates on any matters that could affect the creditors' interests, including asset sales or the use of resources for other purposes not planned in the recovery plan.
• 😀 A new provision in the recent reform of the Bankruptcy and Recovery Law mandates that the assembly approve the sale of non-current assets that are not included in the recovery plan, adding another layer of oversight to the recovery process.

Q & A

What is the main purpose of the Assembly of Creditors in judicial recovery?

The Assembly of Creditors is responsible for making decisions regarding the approval, rejection, or modification of the judicial recovery plan presented by the debtor. It is also crucial in the overall recovery process, as it addresses various issues affecting the interests of creditors.

What are the key stages in the judicial recovery process according to Law 11.101/2005?

The key stages include the debtor requesting judicial recovery, the court issuing the processing order, the debtor presenting a recovery plan within 60 days, creditors having 15 days to validate or contest claims, and the administrator revising the creditors' list within another 45 days.

What happens if the creditors reject the judicial recovery plan presented by the debtor?

If the creditors reject the recovery plan, it leads to the declaration of bankruptcy, which is detrimental to the debtor.

What is the role of the committee of creditors in the judicial recovery process?

The committee of creditors plays a crucial role in representing the interests of creditors during the recovery process. Its formation and composition are decided in the Assembly of Creditors, and it has the authority to intervene in critical decisions regarding the debtor’s recovery.

Can the debtor withdraw from judicial recovery? If so, how?

Yes, the debtor can request to withdraw from judicial recovery, but this decision must be approved by the Assembly of Creditors. The assembly will deliberate on the feasibility and impact of such a withdrawal.

What is the role of a judicial manager in the recovery process?

A judicial manager may be appointed to replace the debtor in managing the business operations if the debtor is found to have seriously compromised the recovery process. This typically happens when the debtor’s actions endanger the feasibility of the recovery.

What types of issues can the Assembly of Creditors deliberate on aside from the recovery plan?

The Assembly can also deliberate on matters that affect the interests of creditors, such as the sale of assets, the allocation of resources, and any actions that might impact the recovery process.

What does the recent reform to the bankruptcy and recovery law (Art. 35, g) introduce regarding the sale of assets?

The reform introduces a provision that requires the Assembly of Creditors to deliberate on the sale or disposal of non-current assets not included in the recovery plan. This aims to ensure creditors' interests are protected when such decisions are made.

What is the importance of the Assembly of Creditors for both the debtor and the creditors?

The Assembly is vital as it provides a forum for both the debtor and creditors to discuss and make binding decisions on crucial aspects of the recovery process. It ensures that the interests of all parties are considered and that decisions are made transparently.

How does the Assembly of Creditors handle decisions related to the sale of assets?

The Assembly of Creditors must approve the sale or alienation of assets that are not part of the debtor’s current assets and are not covered by the recovery plan. These decisions must be deliberated and voted on by the creditors to ensure the protection of their interests.