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Articles

Superior Court of Justice: 30-day deadline for main order is counted in working days

On April 3rd, the Second Panel of the Brazilian Superior Court of Justice (“STJ”) unanimously ruled a case law involving Motion for Resolution of Conflict Decisions on the Records of the Special Appeal (“EREsp”) n. 2.066.868 which was reported by the Appellate Judge Sebastião Reis Júnior.

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Articles

Brazil’s Superior Court of Justice Case Law ruled the issue of attorney’s fees when opposing a claim in reorganization and bankruptcy proceedings

The controversial issue, registered as Theme 1,250 in the STJ database, analyzed “whether an award of attorney’s fees is due in the event of a claim being upheld in judicial reorganization and bankruptcy proceedings”.

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Articles

The issue of the concurrency of attorney’s fees in bankruptcy: concurrent or non-concurrent credit

In bankruptcy, attorney’s fees are a fundamental element of the process when establishing the correct compensation for those professionals representing the interests of the parties involved. This matter sometimes sparks intense debates in the legal field, particularly regarding the classification of these credits as concurrent or non-concurrent.

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Articles

STJ rules the applicability of “undervalue” concept in real estate’s sale, under private order

In March 2023, the Third Panel of Brazil’s Superior Court of Justice (“STJ”) issued a significant decision addressing the applicability of the legal concept of “undervalue” in real estate’s sale, under private offer, as stated in Section 891 and its paragraph, of the Brazilian Code of Civil Procedure (“CPC”).

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