Impactos da cessão de direitos creditórios na assembleia geral de credores durante o processo de recuperação judicial

Abstract

The judicial reorganization process establishes a legal and business relationship between the debtor company in crisis and its many creditors, to the extent that new forms of payment will be proposed for the credits they hold, by means of the judicial reorganization plan. Due to the lengthy procedures, however, infra-constitutional legislation allows creditors to enter into the legal transaction of assignment of credit, when the right to receive these amounts is transferred. With this in mind, the aim of this final paper is to analyze Law 11.101/2005 in order to understand the judicial reorganization process and identify the gaps that exist with regard to the assignment of credit rights and the vote of the assignee creditor during the General Meeting of Creditors. To this end, this work will use the deductive method, the problem will be presented in a generalized way, based on the gaps in the special legislation, until it reaches specific situations. From this perspective, the research will be bibliographical, documentary and jurisprudential, with the study of doctrinal materials and articles on the proposed theme, analysis of related legislation and a survey of case law. At the end, possible conclusions will be suggested for the hypotheses demonstrated, in order to establish logical conclusions and practical solutions for the collection of votes during the general meeting of creditors whose credits have been assigned.