Melhores Advogados de Reestruturação e Insolvência em Itajaí

About Reestruturação e Insolvência Law in Itajaí, Brasil

In Brazil, Reestruturação e Insolvência encompasses three main regimes for companies in distress: recuperação judicial (judicial recovery), recuperação extrajudicial (extrajudicial recovery) and falência (bankruptcy). These tools are designed to give a financially troubled business a chance to reorganize while protecting creditors' interests. Itajaí, a port city in Santa Catarina, follows the same federal framework as the rest of the country, with local courts applying the law in accordance with state judiciary rules.

The primary objective of judicial recovery is to enable the company to regain solvency and continue operations, preserving jobs and the social function of the business. This process is governed by national rules but executed in Itajaí through the state judiciary, specifically the comarca that handles falencias e recuperações judiciais. A skilled advogado (attorney) can help you navigate deadlines, negotiate with creditors, and structure a credible recovery plan.

Itajaí residents and companies often face unique pressures such as port-related logistics costs, seasonal demand, and the regional economy tied to meat, metalworks and seafood exports. A local lawyer familiar with these industries can tailor a recovery strategy to the Itajaí market and the creditor landscape. Reliable guidance helps balance business continuity with creditor protection during a difficult period.

Recuperação Judicial tem por objetivo preservar a empresa, da função social da empresa e do estímulo da atividade econômica, por meio de um plano de recuperação aprovado pela assembleia de credores.

Source: Lei n° 11.101/2005, Planalto.gov.br

A Lei 14.112/2020 introduz ajustes para flexibilizar e acelerar procedimentos de recuperação judicial, facilitando renegociação de dívidas e a gestão de créditos.

Source: Lei n° 14.112/2020, Planalto.gov.br

Why You May Need a Lawyer

Working with a lawyer who understands Itajaí's local economy and the state court system can be crucial in several concrete scenarios. The following examples reflect common situations faced by businesses in Itajaí and the surrounding region.

• Facing mounting supplier debts and an imminent liquidity shortfall, your company may consider a judicial recovery plan to restructure obligations while continuing operations.
• You receive a formal request from creditors or a court for a falência or recovery petition and need to mount a robust defense or negotiate terms that avoid liquidation.
• Your company seeks to negotiate a debt restructuring with creditors through uma recuperação extrajudicial, while keeping court involvement minimal.
• A creditor approaches you with a potential recovery plan or a negotiated agreement and you need help drafting and validating the documentation to ensure enforceability.
• As a business owner, you require guidance on the classification of creditors and the timing for filing a plano de recuperação, including a realistic cash-flow forecast and asset protection strategies.
• You want to understand the implications of a potential falência on employees, contracts, and supplier relationships in Itajaí and how to minimize disruption.

Local Laws Overview

The legal framework for Reestruturação e Insolvência in Itajaí is driven by federal statutes, applied by the Santa Catarina judiciary in the Itajaí comarca. The two core laws you will encounter are:

• Lei n° 11.101/2005 - Lei de Recuperação de Empresas e Falência. This statute governs recuperações judiciais, extrajudiciais e falências, detailing when a company may petition for recovery, how creditors vote on plans, and the steps for court approval of a recovery plan.
• Lei n° 14.112/2020 - altera a Lei n° 11.101/2005. This law introduced reforms to deadlines, negotiation options, and procedures to modernize and speed up recovery processes, with some provisions taking effect from 2021 onward.
• Constituição Federal de 1988 - base legal para a ordem econômica e a função social da empresa, apoiando a justificativa para mecanismos de recuperação como meio de preservar empregos e atividade econômica local.

Itajaí lida com falências e recuperações na esfera da Justiça estadual, com as ações processadas na comarca correspondente e acompanhadas pelos tribunais de Santa Catarina (TJSC). É comum que empresas contem com assessoria especializada para acompanhar a tramitação de planos de recuperação, distratos de dívidas e eventuais recursos cabíveis dentro do prazo legal.

Para informações oficiais sobre as leis, consulte:

Lei n° 11.101/2005 (Planato.gov.br)

Lei n° 14.112/2020 (Planalto.gov.br)

Constituição Federal - Planalto.gov.br

Additional context on how these laws are applied in Santa Catarina pode ser found at the state judiciary and federal portals listed in the Resources section below.

Frequently Asked Questions

What is recuperação judicicial and when is it appropriate?

Recuperação judicial is a court-supervised process to restructure a company’s debts while continuing its operations. It is typically used when the business faces insolvency but has a viable future if creditors agree to a recovery plan.

How do I initiate a recuperação judicial in Itajaí?

You must file a petition with the appropriate Itajaí comarca, accompanied by financial statements, a plan for recovery, and schedules of debts. An attorney helps prepare the plan and coordinate with creditors.

What is recuperação extrajudicial and how does it work?

Recuperação extrajudicial is a negotiated agreement with creditors outside court, formalized in a private instrument and later approved by the court. It can be faster when consensual and well-structured.

Do I need a lawyer to file for falência or recuperação?

Yes. A qualified attorney helps evaluate options, draft the recovery plan, manage creditor votes, and comply with deadlines and formalities to avoid procedural errors.

How long does a typical recuperação judicial take in Santa Catarina?

Timelines vary by case complexity, creditor classes, and plan approval speed. On average, judicial recoveries can take several months to over a year.

What are the key elements of a viable plano de recuperação?

A plan should include forecasted cash-flow, debt restructuring terms, a credible business plan, and a mechanism for creditor payment schedules and oversight.

Can creditors vote against a recovery plan in Itajaí?

Yes. Creditor classes vote on the plan, and plans require the support of classes as defined by law. Without sufficient votes, the plan may fail.

How much does it cost to hire a lawyer for insolvency work in Itajaí?

Costs vary by complexity and the lawyer’s rates. Typical costs include consultation fees, retainer, and success-based components, if applicable.

What is the difference between judicial and extrajudicial recovery in practice?

Judicial recovery is court-supervised and broader in scope, while extrajudicial recovery is private and requires creditor consent. The latter can be faster if all parties agree.

Is it possible to protect employees during a recuperação judicial?

Yes. Courts often require maintaining critical payroll and employee rights during the recovery process, with possible wage and employment protections negotiated in the plan.

Do I need to prove insolvency to file for recuperação judicial?

You generally need to demonstrate financial distress that affects the business’s ability to meet obligations, but a recovery plan can still be viable with proper restructuring.

What should I know about timelines for creditor meetings in Itajaí?

Creditor assembly dates and deadlines are set by the court and the recovery plan. Your attorney will track these to ensure timely participation and voting.

Additional Resources

• Tribunal de Justiça de Santa Catarina (TJSC) - official portal for Santa Catarina judiciary, including guidance on falências e recuperações em Santa Catarina and comarca de Itajaí: tjsc.jus.br
• Lei n° 11.101/2005 e Lei n° 14.112/2020 - texts and official interpretations on recovery and bankruptcy: planalto.gov.br, planalto.gov.br
• CNJ - Conselho Nacional de Justiça, general guidance and resources on judicial recovery and bankruptcy procedures: cnj.jus.br
• SeBRAE Santa Catarina (Sebrae/SC) - state agency offering guidance, credit access and business-advisory services for small and medium enterprises in Itajaí and surrounding areas: sebraesc.com.br

Next Steps

1. Identity your situation and goals with a local lawyer who specializes in Reestruturação e Insolvência and has experience with Itajaí hearings and creditors in the region.
2. Arrange a data room with financial statements, cash-flow projections, debt schedules, contracts, and key supplier and customer details.
3. Evaluate options with your attorney: judicial recovery, extrajudicial recovery, or liquidation, based on solvency prospects and creditor leverage.
4. Prepare a draft plano de recuperação or negotiation instrument that aligns with realistic cash flows and operational needs.
5. File the application in the appropriate Itajaí comarca, along with the recovery plan and supporting documents, and coordinate with creditors for voting.
6. Attend creditor meetings and respond promptly to court requests or objections to keep the process on track.
7. Monitor changes in law and local practice, adapting the strategy as needed with ongoing legal guidance.