Post by xyz3400 on Feb 20, 2024 8:40:00 GMT
Understanding that there was a violation of the jurisdiction of the bankruptcy court, the president of the Superior Court of Justice, minister João Otávio de Noronha, granted an injunction to suspend the seizure of a property owned by Wagner Canhedo, former president of Vasp. reproduction Vasp's bankruptcy was declared in 2008, by the 1st Bankruptcy and Judicial Recovery Court of São Paulo Reproduction The attachment was determined by the Federal District Court in an action involving another Canhedo company, Viplan. However, as Vasp was declared bankrupt, only the bankruptcy court could decide on the businessman's assets. Minister Noronha highlighted that, according to STJ jurisprudence, acts of execution of individual credits against bankrupt companies or those undergoing judicial recovery — regulated both by Decree-Law or any other judicial acts involving business assets, must be made by universal justice.
Furthermore, the president of the STJ recalled that the 2nd Section, in the judgment of CC 125.589, established the understanding that there is no conflict of jurisdiction when the labor execution brought against a company whose bankruptcy was declared bankrupt is redirected to affect the partners' assets, bearing in mind that the assets of the bankrupt company will remain free from constriction. "The only exception occurs when Honduras Mobile Number List the bankruptcy court also decrees the disregard of the bankrupt's legal personality, with the collection of the partners' assets, and, in this circumstance, the execution must be processed in the universal court", pointed out the minister. In this sense, according to Noronha, as alleged by the businessman's defense, there is an indication that the decision of the Federal District court reached the jurisdiction of the São Paulo bankruptcy court that conducts the Vasp process, which is why it was necessary to grant an injunction to suspend the execution acts of the 5th Civil Court of Brasília.
In the decision, the minister also designated the 1st Bankruptcy and Judicial Recovery Court of São Paulo to decide on any urgent measures, until the definitive judgment of the conflict of jurisdiction in the STJ. The conflict's rapporteur is Minister Moura Ribeiro. Understand the case The execution was initially carried out against Viplan, a public transport company that operated in the Federal District and of which Canhedo was a partner. Subsequently, the judge ordered the execution of the sentence against the partners and ordered the seizure of a Wagner Canhedo property located in Brasília. However, the businessman's defense claimed that, in 2013, the São Paulo bankruptcy court accepted the Public Ministry's request and extended the bankruptcy request to Vasp's directors — including Canhedo himself. The SP Court also ordered the blocking of the directors' movable and immovable assets.
Furthermore, the president of the STJ recalled that the 2nd Section, in the judgment of CC 125.589, established the understanding that there is no conflict of jurisdiction when the labor execution brought against a company whose bankruptcy was declared bankrupt is redirected to affect the partners' assets, bearing in mind that the assets of the bankrupt company will remain free from constriction. "The only exception occurs when Honduras Mobile Number List the bankruptcy court also decrees the disregard of the bankrupt's legal personality, with the collection of the partners' assets, and, in this circumstance, the execution must be processed in the universal court", pointed out the minister. In this sense, according to Noronha, as alleged by the businessman's defense, there is an indication that the decision of the Federal District court reached the jurisdiction of the São Paulo bankruptcy court that conducts the Vasp process, which is why it was necessary to grant an injunction to suspend the execution acts of the 5th Civil Court of Brasília.
In the decision, the minister also designated the 1st Bankruptcy and Judicial Recovery Court of São Paulo to decide on any urgent measures, until the definitive judgment of the conflict of jurisdiction in the STJ. The conflict's rapporteur is Minister Moura Ribeiro. Understand the case The execution was initially carried out against Viplan, a public transport company that operated in the Federal District and of which Canhedo was a partner. Subsequently, the judge ordered the execution of the sentence against the partners and ordered the seizure of a Wagner Canhedo property located in Brasília. However, the businessman's defense claimed that, in 2013, the São Paulo bankruptcy court accepted the Public Ministry's request and extended the bankruptcy request to Vasp's directors — including Canhedo himself. The SP Court also ordered the blocking of the directors' movable and immovable assets.