The judiciary has intensified the fight against abusive, ending processes of companies that do not comply with the legal requirements to access the benefit. Lawyers heard by Infomoney point out that some debtors have appealed to the mechanism just to take advantage of the temporary suspension of charges – the so -called stay periodwhich can last up to 360 days.
The measure, provided for in Law 11.101/2005, was created to give the companies in a real crisis, suspending executions and resumes of assets while creditors and debtors negotiate a recovery plan. However, there are cases where companies do not even present the basic documentation required, using recovery strategically to shield assets and gain time, without a concrete perspective of economic feasibility, according to lawyer Camila Crespi, specializing in business recovery and bankruptcy of Luchesi Advogados.
“There are some cases where there is evidence of abuse of law by debtors, which misuse the institute. This is due to failures in supervision, difficulty in identifying financial manipulation and a challenging economic scenario, which lead many companies to seek protection even without fulfilling legal requirements,” he says.
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A shield
O stay period Suspend, for up to 360 days, all actions and executions against the company, protecting essential assets and preventing the resumption of assets by creditors. According to Crespi, in abusive cases, this deadline becomes a “temporary shield” for unviable companies, which take time to move resources or reorganize operations without effective commitment to recovery. The lawyer did not cite companies name because many lawsuits follow in silence of justice.
Consequences
When justice identifies abuse or deviation of purpose-characterizing bad faith litigation-recovery can be extinguished or suspended. In such cases, the company immediately loses the protection of stay periodallowing creditors to take over charges and executions. In addition, it may be ordered to pay a fine and have the case sent to the prosecutor for criminal investigation.
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“When there is evidence of fraud, the case can be investigated by the MP to calculate bankruptcy crimes provided for in Law 11.101/2005,” adds the lawyer, who is part of the State Commission for Bankruptcy and Recovery of Company of OAB-MT and the Paulista Intellectual Property Association.
The careful analysis of each process has been fundamental for justice to differentiate companies that really need legal protection from those that use it as a maneuver. Experts reinforce that strengthening the supervision and punishment of abuse are essential to preserve the credibility of the judicial recovery institute and ensure its original function: enable the overcoming of economic and financial crises legitimately.
