Post by xyz3400 on Feb 20, 2024 0:01:26 GMT -5
Credit qualification in a judicial recovery process must rely on a statement from the Public Prosecutor's Office and the debtor company so as not to constitute a restriction on defense. With this understanding, the 2nd Chamber of Business Law of the Court of Justice of São Paulo annulled the qualification of a labor credit in the judicial recovery of UTC. Disclosure Reproduction TJ-SP annulled labor credit qualification in UTC recovery The author of the request went to court with the intention of including the amount of R$41 thousand in class I (labor credits). The judicial administrator spoke out for the inclusion of R$35,000, which was approved by the first-degree judge, without a statement from the MP and UTC.
The contractor appealed to the TJ-SP questioning "the automatic inclusion of labor credit, without prior notification", in addition to alleging a violation of due legal process. The appeal was unanimously accepted by the 2nd Chamber. For the rapporteur, judge Araldo Telles, "the judgment of this credit Honduras Mobile Number List qualification was rushed". He stated that, although the magistrate had determined the opinion of the Public Prosecutor's Office and the UTC, he ended up contenting himself "with the manifestation of his assistant, partially accepting the request in line with what he said". The rapporteur also cited an opinion from the Attorney General's Office that the MP's intervention in the UTC judicial recovery records is necessary and important.
Therefore, for Telles, “the restriction of defense was evident”. "For these reasons, I grant the appeal to annul the appealed decision, ordering the return of the files to their origin to regulate the processing of the incident, with the debtors and the Public Prosecutor's Office having the opportunity to express themselves", he concluded.if applicable, reports to the authorities, in order to obtain the benefits of leniency/pleadership; constantly observe the behavior of competitors, suppliers and customers, to evaluate the measures to be taken if anti-competitive conduct on the part of such agents is identified. These measures are very important and are also in line with the warning that the Department of Justice[2] and the Federal Trade Commission (FTC), US competition authorities, launched on March 12.
The contractor appealed to the TJ-SP questioning "the automatic inclusion of labor credit, without prior notification", in addition to alleging a violation of due legal process. The appeal was unanimously accepted by the 2nd Chamber. For the rapporteur, judge Araldo Telles, "the judgment of this credit Honduras Mobile Number List qualification was rushed". He stated that, although the magistrate had determined the opinion of the Public Prosecutor's Office and the UTC, he ended up contenting himself "with the manifestation of his assistant, partially accepting the request in line with what he said". The rapporteur also cited an opinion from the Attorney General's Office that the MP's intervention in the UTC judicial recovery records is necessary and important.
Therefore, for Telles, “the restriction of defense was evident”. "For these reasons, I grant the appeal to annul the appealed decision, ordering the return of the files to their origin to regulate the processing of the incident, with the debtors and the Public Prosecutor's Office having the opportunity to express themselves", he concluded.if applicable, reports to the authorities, in order to obtain the benefits of leniency/pleadership; constantly observe the behavior of competitors, suppliers and customers, to evaluate the measures to be taken if anti-competitive conduct on the part of such agents is identified. These measures are very important and are also in line with the warning that the Department of Justice[2] and the Federal Trade Commission (FTC), US competition authorities, launched on March 12.