Bankruptcy Law Articles and Cases

Welcome to our curated selection of articles and cases focusing on bankruptcy law. Stay informed on the latest legal developments and court rulings in the field of insolvency law.

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Commentary on Judgment No. 24874 of 2023: Bankruptcy Accessory Penalties and Appeal to the Supreme Court.

The recent ruling no. 24874 of 2023 clarifies the admissibility of the appeal to the Supreme Court regarding bankruptcy ancillary penalties, highlighting the importance of the agreement between the parties in plea bargaining.

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Fraudulent Bankruptcy: Commentary on Judgment No. 48114 of 2023

The recent ruling of the Court of Cassation clarifies the limits of criminal liability for directors in the case of dissolution and liquidation of a capital company, highlighting the importance of registration in the business register.

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Analysis of Judgment No. 50447 of 2023: Bankruptcy by Distraction and the Configurability of the Crime

A reflection on ruling no. 50447 of 2023, which clarifies the boundaries of criminal liability in cases of bankruptcy due to distraction, with particular reference to partners of irregular companies.

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Analysis of Judgment No. 50797 of 2023 on Fraudulent Asset Bankruptcy

Judgment No. 50797 of 2023 clarifies the boundaries of criminal liability in the case of the transfer of assets at a low price during a bankruptcy procedure, emphasizing the autonomy between the procedures. Let's explore the details and legal implications.

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Analysis of Judgment No. 14352 of 2024: The Bankruptcy Trustee and the Standing to Sue for Violation of Privacy.

Judgment No. 14352 of 2024 provides important clarifications on the legitimacy of the bankruptcy trustee to file a complaint for violation of domicile, establishing specific and relevant criteria for the protection of the debtor's assets.

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Commentary on Judgment No. 14405 of 2024: Improper Fraudulent Bankruptcy and Lease of Business Branch

The very recent ruling of the Court of Cassation offers important insights into the configurability of improper fraudulent bankruptcy in fraudulent transactions, particularly concerning the leasing of business branches. Let us analyze the legal implications and the necessary conditions for its configurability.

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Improper bankruptcy from fraudulent operations: Commentary on Judgment No. 16111 of 2024.

Analysis of ruling no. 16111 of 2024 on improper bankruptcy from fraudulent operations, highlighting the role of general intent and the foreseeability of insolvency. Discover the legal implications and the regulations involved.

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Fraudulent Bankruptcy Document: Analysis of Judgment No. 14931 of 2024

Discover how the late presentation of accounting books in criminal proceedings affects the existence of the crime of fraudulent bankruptcy, according to the recent ruling no. 14931 of 2024.

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Tax Litigation and Bankruptcy: Judgment No. 11351 of 2024 and the Rights of the Taxpayer.

The recent ruling no. 11351 of 2024 clarifies the rights of the taxpayer declared bankrupt regarding the appeal of tax assessments, highlighting the importance of standing even after the cessation of activity.

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Commentary on Judgment No. 11464 of 2024: Compensation of Tax Credits in Insolvency Proceedings.

Judgment no. 11464 of 2024 clarifies the methods of VAT credit compensation in the event of insolvency proceedings, establishing rights and obligations for the tax administration. Let's analyze the details and legal implications.