A cessão do crédito sujeito nos processos recuperacionaissolução negocial alternativa e limites legais

Resumo

This paper examines the practical significance of the assignment of claims subject to judicial or out-of-court reorganization proceedings, as well as the applicable legal framework that governs and promotes such transactions within the corporate restructuring environment. It addresses the assignee’s voting rights, the statutory restrictions applicable to such rights, and the most recent interpretations issued by the courts on the matter. The study evaluates the advantages of claim assignment for the parties involved, as a means of credit liquidity, as a profitable business opportunity within the reorganization process, and as an alternative to the liquidation of the debtor company, thus contributing to the overall efficiency of the reorganization proceedings. The paper also discusses the current trend of replacing original creditors with professional investors, driven by the expansion of the secondary market for distressed debt in Brazil. Furthermore, it demonstrates that the effectiveness of claim assignment within the reorganization framework and the realization of its benefits by the parties and society at large depends on strict compliance with the legal boundaries established by civil law and the corporate reorganization regime. In this context, the paper analyzes the issue of simulated claim assignments aimed at manipulating the voting quorum for the reorganization plan, the necessity of investigating such misconduct, and the imperative of strict sanctions against the involved parties. These measures must be enforced by the Reorganization Court, with the assistance of the Judicial Administrator and under the oversight of the creditors’ community and other stakeholders in the proceedings.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/37216

Palavras-chave

Cessão de créditoRecuperação de empresasRecuperação judicialRecuperação extrajudicialAssignment of claimsCorporate reorganizationJudicial reorganizationOut-of-court reorganizationDireitoSociedades comerciais - RecuperaçãoEmpresas - FalênciaEmpresas - FinançasCréditos