In an article published in the Insolvência em Foco column on the Migalhas portal, partner Fabiana Solano deals with the bankruptcy of individuals.
Fabiana exposes the problems of the law when regulating the fresh start (or the reinsertion of the bankrupt in the market), which can happen three years after bankruptcy. In the text, she explores the figure of the bankrupt rehabilitated by law, making a systematic analysis and concluding that the fresh start is ideally applicable to all partners in failed companies, including those with limited liability. This may be provocative as it shows that the system today benefits partners who practiced illegalities (and had their assets contaminated without regard to the company) in detriment to the honest shareholder, who is solidly responsible for the debt but was unlucky in the conduct of business.
Read the full content in Portuguese at: https://bit.ly/3UmgS41
