The 3rd Panel of the Superior Court of Justice, in a recent decision[1] of the collegiate, considered that although the creditor’s eligibility for judicial recovery is not mandatory, unqualified credit is subject to a monetary adjustment limit.
The new jurisprudential understanding of Article 9, item II of the Judicial Recovery and Bankruptcy Law (Law no. 11,101/2005) provides that the credit qualification is made with the value updated up to the date of the request for judicial recovery, therefore, The terms and indexes deliberated in the plan analyzed and approved at the General Meeting of Creditors come into effect.
It is important to point out that until 2021, this understanding only applied to credits qualified by creditors in judicial recovery, with credits not qualified would need to wait for the end of the recovery to be charged, but would maintain the monetary update.
The Rapporteur of the case, Minister Nancy Andrighi, noted that the previous position of the 3rd class was overcome by a judgment of the 2nd Section in which the thesis was established that the effects of granting judicial recovery reach everyone credits prior to the order.
In this way,in the period between the request for judicial recovery and the date of effective payment, the unqualified credit will also be corrected according to the terms and indexes deliberated in the uplift plan, which makes it possible to affirm that it is an advance in the which concerns equality between creditors.
The Marcos Martins Advogados office is attentive to the latest in jurisprudence and discussions in all areas of the Judiciary, in order to provide adequate and effective advice to its clients.
[1] REsp nº 2.041.721/RS (2022/0380679-4)
