Post by account_disabled on Mar 5, 2024 22:41:35 GMT -5
Judicial authorization will only be necessary to obtain financing for activities and expenses for restructuring or preserving the value of assets with the encumbrance or fiduciary alienation of assets and rights if the creditors through the General Assembly or through alternative modes of deliberation have not approved the judicial recovery plan with the provision of the aforementioned means of recovery” SACRAMONE Marcelo Barbosa. Comments on the Business Recovery and Bankruptcy Law digital book . ed. São Paulo: Saraiva .
COSTA Daniel Carnio; MELO Alexandre Nasser de. Comments on the Business Recovery and Bankruptcy Law : Law of February . th ed. Curitiba: Juruá p. .
Thus for example although he recognizes the gain in legal security for investors Manoel Justino Bezerra Filho states that “ the provision slips into the field of unconstitutionality as is also the case with of art. when investing apparently against the principle of non-declinability of jurisdiction ” BEZERRA FILHO Manoel Justino. Lei de Recuperação de Empresas e Falência : Lei . commented article by article. ed. São Paulo: Editora Revista B2B Email List dos Tribunais p. . On the other hand to support a constitutional interpretation in favor of the soundness of the legal provision see. CIAMPOLINI NETO Cesar; SACRAMONE Marcelo Barbosa; PIVA Fernanda Neves. Financing of companies undergoing judicial recovery in light of the reform of the law on business recovery and bankruptcy. In: VASCONCELOS Ronaldo et al Coord.. Reform of the Recovery and Bankruptcy Law Law no. . São Paulo: Editora Iasp pp. -.
See for all COSTA Daniel Carnio. MELO Alexandre Nasser de. Comments on the Business Recovery and Bankruptcy Law : Law of February . th ed. Curitiba: Juruá p. .
Furthermore the provision in article -E regarding possible subjects legitimized to grant DIP Financing stands out. According to the provision anyone can be a financier of the debtor undergoing judicial recovery including creditors subject to judicial recovery or not family members shareholders or members of the debtor's economic group. Thus the doctrine asserts that the legislation guaranteed ways to increase the number of investors favoring the recovery of the debtor.
Concluding notes
Based on the above the analysis of changes in legislation in parallel with concrete examples indicates that the reform promoted by Law No. in Law No. provided an increase in legal security and economic incentives to potential grantors of DIP Financing . However it cannot be ignored that although less frequently financing was successfully approved even before the reform during judicial recovery.
In general the changes promoted in this matter by Law No. can be considered auspicious since by providing greater comfort to investors they end up bringing a certain hope of enhancing instruments for the upliftment of businesspeople in crisis situations. . It is expected in short that the understanding and dissemination of the appropriate contours of DIP Financing can serve as a driving force for achieving the general objectives of the judicial recovery institute itself in the wake of article of the LREF.
As elucidated for example by AYOUB Luiz Roberto; CAVALLI Cássio Machado. The jurisprudential construction of the judicial recovery of companies digital book. ed. Rio de Janeiro: Forense.
COSTA Daniel Carnio; MELO Alexandre Nasser de. Comments on the Business Recovery and Bankruptcy Law : Law of February . th ed. Curitiba: Juruá p. .
Thus for example although he recognizes the gain in legal security for investors Manoel Justino Bezerra Filho states that “ the provision slips into the field of unconstitutionality as is also the case with of art. when investing apparently against the principle of non-declinability of jurisdiction ” BEZERRA FILHO Manoel Justino. Lei de Recuperação de Empresas e Falência : Lei . commented article by article. ed. São Paulo: Editora Revista B2B Email List dos Tribunais p. . On the other hand to support a constitutional interpretation in favor of the soundness of the legal provision see. CIAMPOLINI NETO Cesar; SACRAMONE Marcelo Barbosa; PIVA Fernanda Neves. Financing of companies undergoing judicial recovery in light of the reform of the law on business recovery and bankruptcy. In: VASCONCELOS Ronaldo et al Coord.. Reform of the Recovery and Bankruptcy Law Law no. . São Paulo: Editora Iasp pp. -.
See for all COSTA Daniel Carnio. MELO Alexandre Nasser de. Comments on the Business Recovery and Bankruptcy Law : Law of February . th ed. Curitiba: Juruá p. .
Furthermore the provision in article -E regarding possible subjects legitimized to grant DIP Financing stands out. According to the provision anyone can be a financier of the debtor undergoing judicial recovery including creditors subject to judicial recovery or not family members shareholders or members of the debtor's economic group. Thus the doctrine asserts that the legislation guaranteed ways to increase the number of investors favoring the recovery of the debtor.
Concluding notes
Based on the above the analysis of changes in legislation in parallel with concrete examples indicates that the reform promoted by Law No. in Law No. provided an increase in legal security and economic incentives to potential grantors of DIP Financing . However it cannot be ignored that although less frequently financing was successfully approved even before the reform during judicial recovery.
In general the changes promoted in this matter by Law No. can be considered auspicious since by providing greater comfort to investors they end up bringing a certain hope of enhancing instruments for the upliftment of businesspeople in crisis situations. . It is expected in short that the understanding and dissemination of the appropriate contours of DIP Financing can serve as a driving force for achieving the general objectives of the judicial recovery institute itself in the wake of article of the LREF.
As elucidated for example by AYOUB Luiz Roberto; CAVALLI Cássio Machado. The jurisprudential construction of the judicial recovery of companies digital book. ed. Rio de Janeiro: Forense.