Condominium credit is only extra-concursal if subsequent to recovery decides STJ

In a recent decision[1], the 3rd Panel of the Superior Court of Justice unanimously decided that condominium debt credits prior to the request for judicial recovery are competitive and must be paid under the defined terms of the judicial recovery.

In this way, condominium expenses subsequent to the request for judicial recovery that are converted into bankruptcy, will be considered as expenses of the estate, in other words, Minister Marco Aurélio Bellize thus decided that “condominium debts are included in the concept of mass expenses, necessary for the management of the asset, classifying as extra-concursal credit“.

Furthermore, the reporting Minister also considered that “In turn, the credits relating to condominium expenses subsequent to the request for judicial recovery are, in fact, extra-competitive, which is why the related individual execution must proceed normally towards the satisfaction of the direct credit securitized by the applicant condominium.”

Therefore, with this new and unprecedented understanding, there is a precedent that could be adopted in similar cases, making it possible to suspend any individual execution of bankruptcy credit during the stay period, and once judicial recovery is granted, the obligation presented in the executive title must be extinguished.

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 n.2.002.590

Yamana Azevedo

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