Judicial Administration

In the extrajudicial way, the debtor, since whom filled the requirements in law, I was congregated with its creditors, and finds, without favoring or harming to none, a recovery plan. It is I validate to point out that in this you divide them to case will not have its anticipated expiration and alone it will accumulate of stocks the credits loosers until the date of the homologation. The judicial way in charge of appears with the order of bankruptcy, being the judge to analyze such order. It analyzes passed it, to see if the company is passvel of recovery or is case of direct bankruptcy. In case that she is intentionally, for the entrepreneur or society entrepreneur, them they count I assist on it of three agencies: General meeting of Creditors, Judicial Administration and Committee of creditors, this last one is facultative, in agreement transport of the mass. The creditors meeting is the responsible one for the creation of the plan of recovery.

In the judicial plan of recovery it is contained all the acts that must be taken by the administrator of the company recuperanda, I contend the form to invest, to pay employee, you divide and you divide members of labor party. Let us see what it makes use the law: Art. 53. The recovery plan will be presented by the debtor in judgment in the unextendable stated period of 60 (sixty) days of the publication of the decision that to grant the processing of the judicial recovery, duly warned convolao in bankruptcy, and will have to contain: I detailed discrimination of the ways of recovery to be employees, in agreement art. 50 of this Law, and its summary; II demonstration of its economic viability; III economic-financial finding and of evaluation of the goods and asset of the debtor, subscript for professional legally qualified or specialized company.

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