Regarding the characterization of an essential asset in judicial recovery

Abstract

When assessing several judicial decisions regarding the discussion of the essentiality of the assets in a judicial reorganization, it’s clear that there are different interpretations on the subject, these interpretations may vary according to the nature of the activity from the organization, that the company produces or from the magistrate’s own understanding as to its essentiality. Therefore, a literature review study was proposed to evaluate the best way to define what is an essential asset for companies undergoing judicial reorganization, and to shed light on this issue so that both companies have a clear understanding of their production processes and that They know if in fact the asset in question is na essential asset, when decisions are more assertive, also helping fiduciary creditors in the redemption of their asset given as colateral.