Judicial and Extrajudicial Recoveries and Bankruptcies Print
With the increase in insolvency cases in the country, as well as the significant changes in the sector with the advent of Law No. 11,101 / 2005, the NWADV team specialized in representing creditors before Judicial and Extrajudicial Recovery and Bankruptcy procedures, as well as continuous assistance to debtors in a situation prior to insolvency.
Among others, our activities consist mainly of:
- In the case of representation of creditors: strategically position credits by entering into new contractual instruments and constituting new guarantees; presentation of divergences, challenges and objections to the recovery plan, if applicable; parallel execution of co-obligors; monitoring of all phases of the procedure in order to enhance the receipt of credits held by our customers.
- In the case of representation of debtors: continuously advise the company in order to preserve assets and restructure debt, always in the period prior to filing a request for Judicial Recovery and / or Bankruptcy.
In addition, the NWADV team offers a solution to the entrepreneur who owns a real estate developer and / or a construction company in a situation of financial crisis, or even insolvency and pre-bankruptcy, which does not foresee a recovery through the business strategies and techniques of usual. Usually, in such situations, the company already faces disputes with its investors and a flood of lawsuits, facts that can compromise the remaining good assets, as well as the personal assets of the partners themselves.
The extrajudicial recovery of real estate developers and construction companies enables an honorable and safe exit, based on the Condominiums and Incorporations Law (Law 4.591 / 64) and on the peaceful jurisprudence of the Courts of 2nd instance and Superiors. It occurs through the formation of one or more Construction Condominiums, the removal of the company from the role of developer, with the delivery, in favor of investors in the condominium, of the assets and the real estate project, against the granting of total or partial, through individual negotiations, in favor of the business owners of the company.
This business solution provides investors with the conclusion of the real estate development, in order to preserve their investments, as well as the maintenance and protection of the personal assets of the incorporating entrepreneurs.