Melhores Advogados de Falência em São Paulo

About Falência Law in São Paulo, Brasil

Falência and recuperação judicial are regulated by national Brazilian law and administered by local courts in São Paulo (the TJSP). The main framework is built around Lei 11.101/2005, which governs bankruptcy and corporate reorganization processes. In São Paulo, cases are typically handled by the appropriate Vara de Falência e Recuperação Judicial within the regional court system.

São Paulo hosts a large volume of corporate insolvencies due to its dense economy and concentration of businesses. This makes local experience crucial, as procedural nuances and deadlines can vary by comarca. A São Paulo attorney with specialization in falência understands how to navigate the TJSP workflow, assemble creditor information, and coordinate with the right judges and auditors.

This guide offers an overview and practical guidance for residents of São Paulo seeking legal help in falência matters. It is not legal advice for a specific case; consult a qualified attorney for tailored guidance. ©

Source: Lei 11.101/2005 text

Why You May Need a Lawyer

In São Paulo, falência and recuperação judicial involve complex filings, creditor negotiations, and court supervision. A lawyer helps protect rights, meet deadlines, and maximize chances of a favorable outcome. Below are concrete, location-specific scenarios where legal counsel is essential.

• Scenario 1: You own a manufacturing firm in Greater São Paulo facing mounting debts - You need to decide between recuperação judicial and falência and prepare a practical recovery plan. An attorney assists with debt analysis, plan development, and creditors' meetings in the TJSP.
• Scenario 2: You are a creditor seeking to prove and prioritize a claim - You must file a prova de crédito with accurate documentation and timeliness. A lawyer ensures proper submission and monitors the creditor committee during the recovery process.
• Scenario 3: A company wants to halt collection actions while negotiating a plan - A lawyer can request the stay (medidas de suspensão) and coordinate with the court to protect assets and operations during negotiations.

• Scenario 4: Your business has operations across multiple states or abroad - A local São Paulo attorney coordinates with foreign creditors and aligns Brazilian procedural rules with international debt restructuring considerations.
• Scenario 5: You need to restructure debts with potential employee and supplier implications - An attorney explains the impact on workers, super-priority credits, and the timing of creditor votes and plan approval.

Local Laws Overview

The falência and recuperação judicial framework in São Paulo relies primarily on federal legislation, applied through state courts. Below are the key laws and regulations you should know, with notes on how they affect cases in São Paulo.

Lei 11.101/2005 - Lei de Falência e Recuperação Judicial

This is the core law governing bankruptcy and corporate recovery in Brazil. It sets filing requirements, the stay of collection actions, creditor eligibility, and the process for approving a recovery plan or liquidation. In São Paulo, petitions are filed in the comarca with jurisdiction over the debtor's principal place of business, and local court rules guide procedural steps.

Source: Lei 11.101/2005 text

Lei 14.112/2020 - Atualizações da Falência e Recuperação Judicial

Law 14.112/2020 introduced significant updates to the recovery and bankruptcy regime, including procedural reforms, creditor engagement rules, and enhanced transparency in plans. In São Paulo, these changes affect timelines, the creditor committee process, and the way plans are proposed and supervised by the court.

Source: Lei 14.112/2020 text

“The recovery process aims to preserve the company as a source of employment and value while ensuring fair treatment of creditors.”

Planado official text overview

Regimento Interno do Tribunal de Justiça de São Paulo

The TJSP Regimento Interno governs how falência and recuperação judicial cases are managed within the São Paulo court system. It covers filing procedures, deadlines, and the handling of special chambers dedicated to insolvency matters in the state capital and surrounding regions.

Source: Tribunal de Justiça de São Paulo (tjsp.jus.br)

Frequently Asked Questions

What is falência and how does the process start in São Paulo?

Falência is the formal liquidation of a debtor's assets under court supervision. In Brazil the primary law is Lei 11.101/2005. In São Paulo filings occur in the competent comarca of the TJSP. A lawyer helps prepare the petition, list creditors, and request protective measures.

How do I file for recuperação judicial in São Paulo?

Prepare a petition with a viable recovery plan and financial statements. File with the court where the debtor operates and provide required attachments. The court may appoint a recovery committee and set deadlines for creditors to respond.

When does the stay on lawsuits take effect during recuperação judicial?

The stay typically begins upon filing the petition. It suspends most creditor actions to allow plan negotiation. There are exceptions, such as worker claims or certain secured credit actions.

Where can I submit creditor proofs of claim in São Paulo?

Proofs of claim are submitted to the competent judge via the court's electronic system. Accurate schedules of creditors and documentation are essential for timely consideration.

Why should I hire a local São Paulo lawyer for falência cases?

Local lawyers know TJSP procedures, local timing, and the bilingual nuances of São Paulo courts. They can access specialized chambers and coordinate with auditors and creditors efficiently.

Do I need to be a company to file for falência in Brazil?

Not necessarily. Individuals and individual entrepreneurs may be involved in insolvency processes under certain rules. Companies most commonly pursue recuperação judicial or falência as appropriate.

What is the difference between falência and recuperação judicial?

Falência ends operations and initiates liquidation. Recuperação judicial seeks to restructure debts under court supervision to restore viability. Both are governed by Lei 11.101/2005.

How much does it cost to hire a falência lawyer in SP?

Costs vary by firm and case complexity. Lawyers may charge hourly rates or fixed fees for specific steps. Ask for a detailed retainer and scope of work in writing.

How long does a typical recuperação judicial last in São Paulo?

Typical timelines range from 12 to 24 months for initial plan negotiation and creditor voting. Extensions can occur if creditors require modifications or additional studies.

Can a foreign company file for falência in Brazil?

Yes, foreign companies with assets or operations in Brazil may initiate or participate in Brazilian insolvency proceedings. Local counsel helps navigate cross-border considerations and foreign creditor rights.

Is the São Paulo court process digitally filed?

Yes, most filings are handled electronically through Brazilian judicial systems. Electronic filing improves access, tracking, and timely decision-making for all parties.

Should I involve creditors early in the recuperação process?

Yes, early engagement improves negotiation leverage and clarifies acceptance of the plano de recuperação. Creditor consensus is often required for plan approval.

Additional Resources

• Lei 11.101/2005 - Lei de Falência e Recuperação Judicial - Planalto official text and updates. Link
• Lei 14.112/2020 - Atualizações da Falência e Recuperação Judicial - Planalto official text. Link
• Tribunal de Justiça de São Paulo (TJSP) - Informações sobre processos de falência e recuperação judicial e regras locais. Link

Next Steps

1. Assess your situation and determine whether recuperação judicial, falência, or outra medida is appropriate. This step helps define the scope of work for a lawyer.
2. Gather financial documents, debt schedules, asset lists, contracts, and filings related to creditors and lawsuits. Organize records by creditor type and date.
3. Identify the correct comarca in São Paulo where your business operates. Confirm which Vara de Falência e Recuperação Judicial will handle the case.
4. Consult a qualified falência lawyer in São Paulo for an initial assessment and a written retainer proposal. Ask about experience with similar industries and court history.
5. Prepare the petition and supporting documents with your attorney. Review potential plan terms, timelines, and required creditor disclosures.
6. Submit the filing and communicate with the court and creditors. Monitor deadlines, assemble creditor lists, and respond to inquiries promptly.
7. Attend hearings, negotiate plans, and implement the chosen path. After plan approval, supervise execution and compliance with court orders.