With the increase of insolvency cases in the country, as well as the significant changes in the sector with the advent of Law 11.101/2005, our team has specialized in the representation of creditors in Judicial and Out-of-Court Reorganization and Bankruptcy proceedings, as well as continuous advice for debtors in a pre-insolvency situation.

Activities

Our activities consist mainly of:

• Representation of creditors: strategically positioning credits by entering into new contractual instruments and constituting new guarantees; presenting disagreements, oppositions and objections to the reorganization plan, if applicable; parallel execution of co-obligors; following up on all stages of the procedure in order to enhance the receipt of credits held by our clients;
• Debtor’s representation: to continuously assist the company with the purpose of asset preservation and debt restructuring, always in the period prior to the filing of a Judicial Reorganization and/or Bankruptcy petition.

In addition, our team offers a solution to the business owner of a real estate developer and/or construction company in a situation of financial crisis or even insolvency and pre-bankruptcy, who does not expect recovery through the usual business strategies and techniques. Usually, in such situations, the company already faces disputes with its investors and a flood of lawsuits, facts that can compromise the remaining good assets, as well as the personal patrimony of the partners.

The out-of-court reorganization of real estate developers and construction companies makes an honorable and safe way out feasible, based on the Condominium and Development Law (Law 4.591/64) and on the well-established jurisprudence of the Lower and Higher Courts. It occurs through the formation of one or more Construction Condominiums, the dismissal of the company from its role as a developer, with the delivery, in favor of the investors that are part of the condominium, of the assets and the project of the real estate enterprise, against the granting of full or partial payments, through individual negotiations, in favor of the business owners of the company.

This business solution provides investors with the completion of the real estate enterprise in order to preserve their investments, as well as the maintenance and protection of the personal assets of the business developers.