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Classifications and Types of Causes that Trigger the Bankruptcy Request



This article investigates the classifications and types of causes that can trigger a bankruptcy filing, focusing on obligations to perform, unfulfilled coercive fines and situations of non-compliance with a contract or fiduciary alienation. Legal, economic and practical aspects related to these contexts will be addressed.

 

The bankruptcy filing is a legal resource that aims to protect the interests of creditors when a company faces financial difficulties. This article aims to analyze the classifications and types of causes that lead to a bankruptcy filing, focusing on obligations to do, unhonored coercive fines and situations of non-compliance with a contract or fiduciary alienation.

 

 

1.Classifications of Causes for Bankruptcy Filing: _11100000 -0000-0000-0000-000000000111_

Law No. 11,101/2005, known as the Bankruptcy Law, establishes the grounds for filing for bankruptcy, however, the causes that can trigger the filing of bankruptcy can be grouped in different categories, including obligations to do, when the debtor company does not carry out a certain action, and coercive fines, financial penalties that are not complied with by the company. Furthermore, non-compliance with a contract or fiduciary alienation can also lead to a bankruptcy filing, such as failure to pay INSS for the work.

 

2. Types of Obligations to Perform, Coercive Fines and Non-Compliance with Contract or Fiduciary Disposal:

In the context of obligations to do, situations such as failure to perform agreed services, failure to comply with court orders or failure to comply with certain actions may be the basis for a bankruptcy filing. As for unpaid coercive fines, failure to pay the financial penalties established by the judiciary may result in a bankruptcy filing. Additionally, non-compliance with a contract or fiduciary alienation, such as non-payment of financing or INSS debts on a project, can also trigger a bankruptcy filing.

 

3.Legal and Procedural Aspects:

Bankruptcy legislation (Law nº 11,101/2005) establishes the legal bases for the presentation of bankruptcy requests based on different causes. The analysis of obligations to do, coercive fines and non-compliance with a contract or fiduciary alienation requires a deep understanding of the legal rules and procedures involved in these cases.

 

4.Economic and Practical Impacts:

Failure to comply with obligations, whether through non-performance of services, non-payment of coercive fines or failure to comply with contracts, can have substantial economic and practical effects. In addition to the direct financial impacts, such situations may lead to the need for legal action by creditors, possibly culminating in a bankruptcy filing and liquidation of assets.

 

Practical Considerations and Alternatives:

Companies that find themselves in situations of obligations to perform, unhonored coercive fines or non-compliance with contracts or fiduciary alienation can seek alternatives to avoid filing for bankruptcy. This may include renegotiating contracts, seeking amicable solutions with creditors or fulfilling outstanding obligations.

 

Final Considerations:

 

The analysis of the classifications and types of causes that can trigger the bankruptcy filing offers valuable insights into the different situations in which this legal resource is triggered. Understanding the legal, economic and practical implications of these contexts is fundamental for a more comprehensive approach to bankruptcy processes and their relationship with different types of obligations and penalties and consequently maintaining business stability.

 

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