Bankruptcy and business reorganization law

Abstract

This book is a manual on the Brazilian regime of bankruptcy and business reorganization under Law 11.101/2005. It starts from the etymology and the concept of bankruptcy and from the history of the institute in the world and in Brazil, from the Manueline and Philippine Ordinances to current law, and addresses the accounting records applied to bankruptcy proceedings and the unity and indivisibility of the bankruptcy court. It examines who is subject to the statute, the characterization of the state of bankruptcy, the requirements of the initial petition, standing to sue, pre-bankruptcy procedures, the debtor's answer, the declaratory judgment and the legal term, ineffective and revocable acts, the revocatory action, interim measures and the judicial administrator. It continues with the filing and ranking of claims, the collection of assets and liquidation, the effects of bankruptcy on creditors, on the bankrupt party, on assets, on partners and on contracts, the creditors' committee and general meeting, closure and extinction of obligations, and bankruptcy crimes. The final part covers ordinary judicial reorganization, the special plan and out-of-court reorganization. Model petitions and judgments and tables of procedural deadlines accompany the text.