Post by account_disabled on Jan 10, 2024 23:01:10 GMT -5
On Tuesday (14/12) the 4th Panel of the Superior Court of Justice began judging the motions for clarification filed by Oi S/A (in judicial recovery) in Special Appeal 1,851,692 . Sandra FadoIn May, when judging the special appeal, the panel understood that the credit holder who is voluntarily excluded from the judicial recovery plan has the prerogative to decide not to enable it, opting for individual execution after the end of the process. It is not possible, therefore, to impose on the late creditor the submission of their credit to the list of creditors, even if the plan provides for the inclusion of similar credits. After requesting a review from Minister Raul Araújo, the judgment on the motions for clarification was suspended.
Before, the rapporteur, minister Luis Felipe Salomão, presented his vote, accepting the embargoes — without modifying effects — to clarify the omission pointed out in the ruling handed down by the 4th Panel. According to the judge, when considering the special appeal, the panel actually failed Telegram Number Data to explain what the material and procedural consequences would be resulting from the creditor's choice not to qualify the credit. Effects of recovery Salomão stated that, once the recovery plan providing for the payment of a certain credit is approved, the creditor who chose not to qualify will suffer the effects of recovery.
In this case, the credit will be considered novated and the creditor must receive it in accordance with the plan, even if executed after the completion of the recovery. For the rapporteur, the creditor who appears on the list, with the exact value of the credit and the classification to which he or she is entitled, will automatically be eligible for recovery. Anyone not on the list will have to decide whether to activate their credit late; do not charge it; file individual enforcement; or resume serving the sentence, after the recovery has ended. "In any case, it will have the burden of being subject to the effects of judicial recovery," he stated. Consequences The minister also explained that the regulatory treatment imposes less advantageous consequences on latecomers, in relation to creditors who qualified or rectified their credits within the legal deadline.
Before, the rapporteur, minister Luis Felipe Salomão, presented his vote, accepting the embargoes — without modifying effects — to clarify the omission pointed out in the ruling handed down by the 4th Panel. According to the judge, when considering the special appeal, the panel actually failed Telegram Number Data to explain what the material and procedural consequences would be resulting from the creditor's choice not to qualify the credit. Effects of recovery Salomão stated that, once the recovery plan providing for the payment of a certain credit is approved, the creditor who chose not to qualify will suffer the effects of recovery.
In this case, the credit will be considered novated and the creditor must receive it in accordance with the plan, even if executed after the completion of the recovery. For the rapporteur, the creditor who appears on the list, with the exact value of the credit and the classification to which he or she is entitled, will automatically be eligible for recovery. Anyone not on the list will have to decide whether to activate their credit late; do not charge it; file individual enforcement; or resume serving the sentence, after the recovery has ended. "In any case, it will have the burden of being subject to the effects of judicial recovery," he stated. Consequences The minister also explained that the regulatory treatment imposes less advantageous consequences on latecomers, in relation to creditors who qualified or rectified their credits within the legal deadline.