Post by xyz3700 on Feb 27, 2024 5:11:39 GMT -5
Although it has the legitimacy to request measures to preserve its rights, the bankrupt company is not a legitimate party to file an appeal against a decision that decrees the unavailability of assets belonging to its partners. STJ Minister Nancy Andrighi recalled that Law 11,101/2005, in the provisions in which it uses the expression “bankrupt”, does not always refer to the company that had the bankruptcy declared STJ The understanding is from the 3rd Panel of the Superior Court of Justice. According to the rapporteur, Minister Nancy Andrighi, as it does not hold the position of holder of the property relations affected by the measure that decreed the unavailability of the assets, the company lacks active legitimacy to appeal.
The issue was taken to the STJ after the Court of Justice of Rio Grande do Sul denied the company's appeal, on the grounds that it no longer had its legal personality and, therefore, could not appeal the decision. In the special appeal, the company stated that, in accordance with article 103 of the Bankruptcy and Business Recovery Law, the Chinese Malaysia Phone Number List declaration of bankruptcy does not result in the extinction of the legal personality of the bankrupt, so that it continues to appear as a legitimate party to defend its interests in court. Nancy recalled that Law 11,101/2005, in the provisions in which it uses the expression “bankrupt”, does not always refer to the company that was declared bankrupt; therefore, care must be taken when interpreting its standards.
The minister cited the understanding of the 1st Section when judging a repetitive appeal in the sense that the mere decree of breach does not automatically imply the extinction of the company's legal personality. An opposite understanding, he says, would make business procedures unfeasible after bankruptcy or rehabilitation. “If the debtor is allowed to return to business activity, having met certain legal requirements (articles 158 and 159 of the Bankruptcy Law), at a time after the bankruptcy was declared, there can be no question of extinction of legal personality”, concluded. According to the rapporteur, at least in theory, the bankrupt legal entity has the legitimacy to express resentment against decisions preferred by the bankruptcy court. Despite this, Nancy recalled that the situation analyzed has a particularity that prevents the appeal from being granted.
The issue was taken to the STJ after the Court of Justice of Rio Grande do Sul denied the company's appeal, on the grounds that it no longer had its legal personality and, therefore, could not appeal the decision. In the special appeal, the company stated that, in accordance with article 103 of the Bankruptcy and Business Recovery Law, the Chinese Malaysia Phone Number List declaration of bankruptcy does not result in the extinction of the legal personality of the bankrupt, so that it continues to appear as a legitimate party to defend its interests in court. Nancy recalled that Law 11,101/2005, in the provisions in which it uses the expression “bankrupt”, does not always refer to the company that was declared bankrupt; therefore, care must be taken when interpreting its standards.
The minister cited the understanding of the 1st Section when judging a repetitive appeal in the sense that the mere decree of breach does not automatically imply the extinction of the company's legal personality. An opposite understanding, he says, would make business procedures unfeasible after bankruptcy or rehabilitation. “If the debtor is allowed to return to business activity, having met certain legal requirements (articles 158 and 159 of the Bankruptcy Law), at a time after the bankruptcy was declared, there can be no question of extinction of legal personality”, concluded. According to the rapporteur, at least in theory, the bankrupt legal entity has the legitimacy to express resentment against decisions preferred by the bankruptcy court. Despite this, Nancy recalled that the situation analyzed has a particularity that prevents the appeal from being granted.