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Business Law
Claims on banks are excluded from Reorganization Autor: Scalzilli.fmv Advogados & Associados

The decision was handed down from the Supreme Court last week and refers to Advances on Exchange Contracts. The Lawyer Fabricio Scalzilli, expert in the field and Chairman of the Special Committee on Bankruptcy and Reorganization of OAB / RS, remember that last February the Court had already decided that loans secured by chattel mortgage, read up receivables, are out of favor of Reorganization. Scalzilli points out that such a decision to be beneficial and protective of the interests of banks in difficulty Levera companies to review their strategies in decision making on the Reorganization, which had the restriction on the inclusion of tax debts. The Reorganization is not a tool to be used by any company.
Depending on the structure of your endivdamento and its cash position, a Judicial Recovery can accelerate the company's collapse, says lawyer gaucho. With the decision of the Supreme Court banks are authorized to collect the debt regardless of the company is in Reorganization. Scalzilli stresses that will be subject to the payment plan in RJ just ordinary loans as working capital contracts and duplicates, whose execution is suspended. The ACC - Advance Credit Exchange is a loan capital, where financial institutions good are resources in national currency to exporters and trading company, taking into account a future operation.


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