The automatic stay provides a period of time in which all judgments,
collection activities, foreclosures, and repossessions of property are
suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition. As with cases under
other chapters of the Bankruptcy Code, a stay of creditor actions against the chapter 11 debtor automatically goes into effect when the bankruptcy petition is filed. 11 U.S.C. § 362(a). The filing of a petition, however, does not operate as a stay for certain types of actions listed under 11 U.S.C. § 362(b). The stay provides a breathing spell for the debtor, during which negotiations can take place to try to resolve the difficulties in the debtor's financial situation.
Comentário: A Lei 11.101/05 ("LRF"), diferentemente, prevê a suspensão das ações ("stay period") apenas após o despacho de processamento da recuperação judicial (art. 52 da LRF) .
Under specific circumstances, the secured creditor can obtain an order from the court granting relief from the automatic stay. For example, when the debtor has no equity in the property and the property is not necessary for an effective reorganization, the secured creditor can seek an order of the court lifting the stay to permit the creditor to foreclose on the property, sell it, and apply the proceeds to the debt. 11 U.S.C. § 362(d).
Comentário: A Lei 11.101/05 ("LRF"), diferentemente e em tese, não dá margem a flexibilizar o período de suspensão de 180 dias, seja em favor de um credor (afastando a suspensão), seja a favor do próprio devedor (prorrogando o prazo de 180 dias).
The Bankruptcy Code permits applications for fees to be made by certain professionals during the case. Thus, a trustee, a debtor's attorney, or any professional person appointed by the court may apply to the court at intervals of 120 days for interim compensation and reimbursement payments. In very large cases with extensive legal work, the court may permit more frequent applications. Although professional fees may be paid if authorized by the court, the debtor cannot make payments to professional creditors on prepetition obligations, i.e., obligations which arose before the filing of the bankruptcy petition. The ordinary expenses of the ongoing business, however, continue to be paid.
Fonte:
http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter11.html
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