Post by xyz3400 on Feb 20, 2024 9:07:12 GMT
The late qualification or challenge of credits in a judicial recovery process is provided for in article 10 of Law 11,101/2005, but is granted exclusively to creditors. The measure, therefore, cannot be used by the debtor. Reproduction/Facebook Reproduction/Facebook TJ-SP denied request to challenge credit of US$ 9 million in the recovery of OAS With this understanding, the 2nd Chamber of Business Law of the Court of Justice of São Paulo denied the OAS Group's appeal against the first instance decision that dismissed a request to challenge a credit within the scope of its judicial recovery. Unanimously, the TJ-SP confirmed the inclusion of the credit of around US$9 million in the company's general list of creditors. OAS filed the objection to the credit after the publication of the notice provided for in.
However, as understood by the rapporteur, judge Maurício Pessoa, it is not up to the company under recovery to file a late objection, which confirms the validity of the credit in question. The consequences resulting from the presentation of a late license, provided for in §§ 1 and 3 of article 10 (loss of the right to vote, payment of costs and non-participation in any apportionments already carried out in bankruptcy), are punitive measures directed Honduras Mobile Number List at the creditor, the corroborate the conclusion that the group in recovery does not have the legitimacy to challenge the credit after the expiry of the period provided for in article 8”, he said. Therefore, Pessoa stated, the lack of procedural interest of OAS, in itself, is enough to rule out the claim to challenge the credit.
The judge also rejected the defense's thesis that the US$9 million credit originated from a contract signed by OAS – Uruguay Branch, which is not part of the active part of the judicial recovery. This is because the credit was originally included in the company's list of creditors. “It can be seen that the recovery plan presented by the appellant includes the credit discussed here, and the group in recovery itself recognizes that said credit was not enabled in the judicial recovery process of “Construtora OAS Sucursal Uruguai”, given that it had already been enabled in the present recovery process, to justify the unreasonableness of the claim”, he concluded.I think this is a formidable legacy,” said Trevisan click here to watch Trevisan speak.
However, as understood by the rapporteur, judge Maurício Pessoa, it is not up to the company under recovery to file a late objection, which confirms the validity of the credit in question. The consequences resulting from the presentation of a late license, provided for in §§ 1 and 3 of article 10 (loss of the right to vote, payment of costs and non-participation in any apportionments already carried out in bankruptcy), are punitive measures directed Honduras Mobile Number List at the creditor, the corroborate the conclusion that the group in recovery does not have the legitimacy to challenge the credit after the expiry of the period provided for in article 8”, he said. Therefore, Pessoa stated, the lack of procedural interest of OAS, in itself, is enough to rule out the claim to challenge the credit.
The judge also rejected the defense's thesis that the US$9 million credit originated from a contract signed by OAS – Uruguay Branch, which is not part of the active part of the judicial recovery. This is because the credit was originally included in the company's list of creditors. “It can be seen that the recovery plan presented by the appellant includes the credit discussed here, and the group in recovery itself recognizes that said credit was not enabled in the judicial recovery process of “Construtora OAS Sucursal Uruguai”, given that it had already been enabled in the present recovery process, to justify the unreasonableness of the claim”, he concluded.I think this is a formidable legacy,” said Trevisan click here to watch Trevisan speak.