Post by xyz3800 on Feb 28, 2024 3:43:18 GMT -5
The Court of Justice of Goiás determined that credit of R$10,000 be reserved from a company undergoing judicial recovery to pay off possible compensation for moral damages claimed in an action that has not yet been judged. According to the decision of the 1st Judging Panel of the 5th Civil Chamber, the reservation is due to the probability of success in the compensation action. The case involves the purchase of a property that, despite having been paid off, did not have the mortgage released by the developer. Faced with the inconvenience caused by the restriction on property registration, the client went to court asking for the restriction to be lifted and compensation for moral damages. As the company is in the judicial recovery phase and the case has not yet been judged, lawyer Rafael Lara Martins , representing the client, requested that an amount be granted as a credit reserve.
In the first instance, the request was denied, on the grounds that there had not yet been a ruling in the case, perhaps with a final decision capable of issuing a letter of credit, which is why there was no need to talk about amounts to be reserved. Unsatisfied, the buyer of the property appealed, claiming that, according to bankruptcy law, anyone who has a lawsuit against the company under recovery can make a request for a guarantee Exit Mobile Number List of value, that is, for the judge to establish a probable value of gain in that process and issue a certificate in favor of that party so that the credit can be enabled and the reservation can take place. So, in the end, with the sentence and certainty of the value, he can adapt his right and include the credit in the due class. The TJ-GO accepted the arguments and granted the injunction, determining that the credit certificate in the amount of R$10,000 be issued.
In his vote, the rapporteur, judge Alan Sebastião de Sena Conceição, explained that paragraph 3 of article 6 of the Judicial Recovery Law applies to the case. "In effect, I believe that the judge treated the issue exposed as credit qualification when the party, in fact, seeks the anticipation of protection to obtain a reservation of values in light of §3 of article 6 of Law nº 11,101/2005, exactly as a way of ensuring the future qualification of the credit that is likely to be constituted in the original action (compensation for moral damage), under penalty of not being included, in time, in the general list of creditors (danger of delay)." Thus, considering the requirements for the anticipation of protection met and the probability of success in the compensation action, in accordance with the court's jurisprudence, the rapporteur voted to reserve the credit, followed by the other members of the 1st Judging Panel of the 5th Civil Chamber of the TJ-GO.
In the first instance, the request was denied, on the grounds that there had not yet been a ruling in the case, perhaps with a final decision capable of issuing a letter of credit, which is why there was no need to talk about amounts to be reserved. Unsatisfied, the buyer of the property appealed, claiming that, according to bankruptcy law, anyone who has a lawsuit against the company under recovery can make a request for a guarantee Exit Mobile Number List of value, that is, for the judge to establish a probable value of gain in that process and issue a certificate in favor of that party so that the credit can be enabled and the reservation can take place. So, in the end, with the sentence and certainty of the value, he can adapt his right and include the credit in the due class. The TJ-GO accepted the arguments and granted the injunction, determining that the credit certificate in the amount of R$10,000 be issued.
In his vote, the rapporteur, judge Alan Sebastião de Sena Conceição, explained that paragraph 3 of article 6 of the Judicial Recovery Law applies to the case. "In effect, I believe that the judge treated the issue exposed as credit qualification when the party, in fact, seeks the anticipation of protection to obtain a reservation of values in light of §3 of article 6 of Law nº 11,101/2005, exactly as a way of ensuring the future qualification of the credit that is likely to be constituted in the original action (compensation for moral damage), under penalty of not being included, in time, in the general list of creditors (danger of delay)." Thus, considering the requirements for the anticipation of protection met and the probability of success in the compensation action, in accordance with the court's jurisprudence, the rapporteur voted to reserve the credit, followed by the other members of the 1st Judging Panel of the 5th Civil Chamber of the TJ-GO.