Post by xyz3000 on Feb 12, 2024 0:31:30 GMT -5
The obligation of the owner of a bankrupt company to remain in the district where the bankruptcy was declared is not a penalty. The measure only serves to facilitate the progress of the process. The position was confirmed by the 3rd Panel of the Superior Court of Justice, which denied an appeal in which a partner of a bankrupt firm asked for the restriction on his movement to be suspended. The determination not to leave the district without informing the court was expressed in the old Bankruptcy Law and was reaffirmed in the new version, in section III of chapter 104. Clóvis Victorio Mezzono was a partner at Araguaia Metais Nobres, whose bankruptcy was declared in August 1993. The bankruptcy process, however, has not yet ended.
Mezzono then asked the bankruptcy court in Rio de Janeiro to free him from the obligation to remain in the same location. For him, the restriction on his constitutional right to come and go cannot be maintained for so long. The request was rejected. Mezzono appealed to the Rio de Janeiro Court of Justice, which also denied the request. The TJ stated that “the obligation imposed on the bankrupt Estonia Email List by the Bankruptcy Law is not punitive in nature, nor can it be revoked by the judge”. The businessman then filed a Special Appeal with the Superior Court of Justice, alleging that the restriction was transformed into a perpetual sentence, with the nature of house arrest, as it has no set period to end. For the 3rd Panel of the STJ, there is no intended similarity between restriction and custodial sentences arising from criminal convictions.
The process has been going on for 11 years. There is no information regarding the point at which the procedural progress is located. Therefore, it is impossible to say, with certainty, that the need for the bankrupt to participate in any procedural act has already been decidedly ruled out”, explained the rapporteur, minister Nancy Andrighi,Even if the articles of association do not provide anything about this, the omission should not be interpreted as tacit consent of the remaining partners for the heirs to join the company. But the gaps in the contract have generated controversies with serious consequences. Hence the importance of defining in the social contract all the coordinates that will regulate hereditary succession, in order to make the will of the partners unequivocal, to guarantee the entry of heirs or to veto them. However, it is not enough to establish generic conditions for succession.
Mezzono then asked the bankruptcy court in Rio de Janeiro to free him from the obligation to remain in the same location. For him, the restriction on his constitutional right to come and go cannot be maintained for so long. The request was rejected. Mezzono appealed to the Rio de Janeiro Court of Justice, which also denied the request. The TJ stated that “the obligation imposed on the bankrupt Estonia Email List by the Bankruptcy Law is not punitive in nature, nor can it be revoked by the judge”. The businessman then filed a Special Appeal with the Superior Court of Justice, alleging that the restriction was transformed into a perpetual sentence, with the nature of house arrest, as it has no set period to end. For the 3rd Panel of the STJ, there is no intended similarity between restriction and custodial sentences arising from criminal convictions.
The process has been going on for 11 years. There is no information regarding the point at which the procedural progress is located. Therefore, it is impossible to say, with certainty, that the need for the bankrupt to participate in any procedural act has already been decidedly ruled out”, explained the rapporteur, minister Nancy Andrighi,Even if the articles of association do not provide anything about this, the omission should not be interpreted as tacit consent of the remaining partners for the heirs to join the company. But the gaps in the contract have generated controversies with serious consequences. Hence the importance of defining in the social contract all the coordinates that will regulate hereditary succession, in order to make the will of the partners unequivocal, to guarantee the entry of heirs or to veto them. However, it is not enough to establish generic conditions for succession.
