A revogação da falência diante da homologação de acordo entre credor e falido nos casos de pedido fundado nas hipóteses do art. 94, I e II da lei nº 11.101/05

Abstract

The purpose of this paper is to analyze the legal possibility of the bankrupt debtor entering into an out-of-court agreement, With the aim of revoking the bankruptcy already decreed by judgment, With the creditor Who filed the bankruptcy petition, based on the hypotheses of article 94, items 1 and ll of Law ll.lOl/05 . Through an in-depth study of doctrine and case laW, the aim is to investigate the feasibility of the bankruptcy court ratifying an agreement signed With a creditor, even after the company's bankruptcy has been decreed, as well as the implications of such a measure for the company and other creditors. First, general aspects of bankruptcy are studied, ranging from the guiding principles of the legislation applicable to the matter, the objective assumptions for the decree, to material and procedural aspects of the procedure and the effects of the bankruptcy judgment. Subsequently, the possibility of amicable settlement With the creditor is discussed in detail, analyzing the arguments for and against the approval of an agreement, as well as the implications for other creditors Who may be harmed by the eventual revocation of the bankruptcy.