23
2018
Article by IDP student is published in a Central Bank magazine
Student Marcos Dias de Oliveira, from law degree, published an article in the Central Bank Attorney General's Office last Wednesday (17). The article has as its theme "Advance of exchange contracts: special privilege credits, chirographers or non -bankruptcy?". Check out the summary of the publication and the link to the full article.
SUMMARY
Much has been discussed regarding the nature of foreign exchange contract advances (ACC) whenever they are in the possession of a business company undergoing bankruptcy proceedings. While financial institutions argue that these constitute their resources held by the bankrupt - with which the Superior Court of Justice (STJ) agreed when issuing Precedent No. 307 -, part of the doctrine understands that they are credits that must make up the bankrupt estate. The objective of this article is to present the arguments for both positions and suggest criteria for approaching ACC. The development of the discussion points to disagreement with what is contained in Precedent 307. By way of conclusion, it is suggested that the rule that determines that ACCs be refunded before the payment of any bankruptcy credit defies the constitutional principles of equality, procedural speed and preservation of the company, and advocates its classification as unsecured credits.
Keywords: Bankruptcy. Credit Classification. Advances of exchange contract. Precedent 307 STJ.