Judgment settlement: amount recognized by the debtor can be demanded immediately

liquidação de sentença

The 4th Panel of the Superior Court of Justice (STJ) ruled that the amount expressly recognized by the debtor during the liquidation of a judgment is considered a net part of the debt (i.e. it is determined precisely, without the need for additional calculations or adjustments) and can be collected even if the remaining balance […]

Impacts of the rejection of the Incident of Disregard of Legal Personality

The 3rd Panel of the Superior Court of Justice (STJ) recently ruled, in REsp 2.123.732/MT (2023/0357456-6), that the decision on a request for disregard of the legal personality (IDPJ) in an enforcement proceeding generates preclusion, preventing a new request from being made with the same justification. The disregard of legal personality allows the private assets […]

STJ authorizes seizure of family assets to pay retirement debts

penhora de bem de família

In a recent ruling (REsp 2.082.860 – RS), the 3rd Panel of the Superior Court of Justice (STJ) decided that the exception to the unseizability of family property also applies to debts incurred for the renovation of the property itself, demonstrating the adaptability of the law to the circumstances of each case. In the case […]

STJ annuls execution of confession of debt in factoring contract: understand the implications and the importance of contractual transparency

contrato de factoring

In a recent decision (REsp 2.106.765- CE ), the Superior Court of Justice (STJ) annulled the execution of a debt confession instrument linked to a commercial development contract (factoring). Factoring, also known as faturization or fomento mercantil, can be described, in a simplified way, as a commercial transaction through which a certain company (faturizadora) acquires […]

Casa do Pão de Queijo: how the coffee and snack chain went into receivership

With a debt of over R$110 million, Casa do Pão de Queijo recently filed for judicial reorganization. The search for judicial protection has included appeals to energy utility companies not to cut off the supply, as well as to landlords not to terminate rent contracts in arrears. In an article published by Bloomberg Línea, Leonardo […]

STJ denies restitution to borrower after failed property auctions

restituição de valores a mutuário

Recently, the 3rd Panel of the Superior Court of Justice (STJ) upheld the decision of the 32nd Chamber of Private Law of the São Paulo State Court of Justice, which did not refund the amounts to the borrower after the loan defaulted, as provided for in Law No. 9.514/97 – the “Fiduciary Alienation Law”. This […]