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Judicial Recovery
When a business is in economic or financial crisis, the effects extend beyond the business itself and reach the workers, the suppliers, and even the State itself (which loses revenue). In other words, a crisis for one business is a problem for the whole economy. Thus, the preservation of businesses is a goal valued by the legal system. Hence the program called "judicial recovery." The judicial recovery of businesses in the wake of new law (Law 11.101/2005) is an improvement over the older, and now obsolete, bankruptcy system. Instead, what is sought now is to save the business by means of a solution in the market, which is named for the deliberation process by the creditors. When practical, the business should be preserved; when not practical, the company will be eliminated by means of bankruptcy. However, precisely because it attempts to bring the creditors to the process of saving the buisiness, the judicial recovery system is more complex than the former bankruptcy process and requires a high degree of professionalism to avoid a declaration of bankruptcy when the continuity of the business proves feasible. The team at Cerqueira Leite Advogados Associados is capable of providing all the necessary assistance to facilitate the submission to creditors of an acceptable recovery plan, as well as directing it and following up with it until the solving of the business's crisis and the satisfaction of its debts. In addition to the specialized work by its legal staff, the firm depends on the support of professionals specializing in business structure, such as administrators, auditors, and business appraisers. Furthermore, being familiar with the process, the team at Cerqueira Leite Advogados Associados is perfectly capable with acting in the defense of claims against companies in the process of recovery or even bankruptcy. Among the services which our team provides are the following: • Preparation of a corporate recovery plan • Extrajudicial recovery • Judicial recovery per se and its specific requirements • Discussion and consultation regarding the merits of the recovery plan, the credit involved, and its payment form • Credit authorization in the processes of recovery or bankruptcy • Administration and disposal of the company's assets under the recovery, or even bankruptcy, process • Payments and recovery of credit in the processes of recovery or bankruptcy. Attorney in charge: Raphael Matos Valentim
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