Post by xyz3000 on Feb 12, 2024 10:02:40 GMT
When justifying his repositioning, the judge combined doctrine and jurisprudence, remembering that the company's situation is one of complete crisis, with more than 50 thousand creditors who are following the development of events with “acute distress” while Ostriz Master, in full recovery process, is unable to continue, as the blocks of values and assets requested by numerous individual creditors continued to be maintained. “In this context, the scenario that is envisaged is one of complete chaos and absolute unfeasibility of judicial recovery, with the court that presides over it being transformed into a mere passive spectator, who watches the inevitable bankruptcy, to the despair of creditors”, observed the judge .
As there could be a risk of the death of thousands of ostriches due to lack of money to purchase feed and even the collapse of the administration due to the simple lack of electricity supply due to lack of payment, Rocha da Silva determined that Celg — Companhia Energética de Goiás refrains from cutting energy in relation to outstanding bills that have not been paid by the company, restricting itself to Estonia Email List charging, at the moment, only bills that are still due. Sought by Procon, the judge supported the body's decision to provide free assistance and consultancy to Ostriz Master's creditors both during the creditor qualification process and at the time of the General Assembly — which should take place in March — when they will decide whether to accept or reject the recovery plan to be presented by the company.
Other scholars [6] , on the other hand, argue that both the caput and the sole paragraph of article 1,053 would deal with the same matter and that the two rules — Simple Company and Joint Stock Company — could not coexist in the same Limited Business Company. They also maintain that, although the caput uses the term “omission” and the sole paragraph, “supplementary rule”, in both cases the issue would be summarized as the choice of supplementary rules applicable in the event of omission of the main rules (Sociedade Empresária Limitada) . They argue, additionally, stating that the current form of organization of article 1,053 of the Civil Code has a historical explanation, since the single paragraph did not originally appear in the text of the draft of said Code, having been included later as a clear reference to the legislator's intention to offer the option of choosing the rules that govern the corporation.
As there could be a risk of the death of thousands of ostriches due to lack of money to purchase feed and even the collapse of the administration due to the simple lack of electricity supply due to lack of payment, Rocha da Silva determined that Celg — Companhia Energética de Goiás refrains from cutting energy in relation to outstanding bills that have not been paid by the company, restricting itself to Estonia Email List charging, at the moment, only bills that are still due. Sought by Procon, the judge supported the body's decision to provide free assistance and consultancy to Ostriz Master's creditors both during the creditor qualification process and at the time of the General Assembly — which should take place in March — when they will decide whether to accept or reject the recovery plan to be presented by the company.
Other scholars [6] , on the other hand, argue that both the caput and the sole paragraph of article 1,053 would deal with the same matter and that the two rules — Simple Company and Joint Stock Company — could not coexist in the same Limited Business Company. They also maintain that, although the caput uses the term “omission” and the sole paragraph, “supplementary rule”, in both cases the issue would be summarized as the choice of supplementary rules applicable in the event of omission of the main rules (Sociedade Empresária Limitada) . They argue, additionally, stating that the current form of organization of article 1,053 of the Civil Code has a historical explanation, since the single paragraph did not originally appear in the text of the draft of said Code, having been included later as a clear reference to the legislator's intention to offer the option of choosing the rules that govern the corporation.