Introduction

In bankruptcy, attorney´s fees are a fundamental element of the process when establishing the correct compensation for those professionals representing the interests of the parties involved. This matter sometimes sparks intense debates in the legal field, particularly regarding the classification of these credits as concurrent or non-concurrent. In this regard, especially when constituted after the declaration of bankruptcy, the matter of the concurrent vs. non-concurrent nature of attorney´s fees had different perspectives over the years.

Introduction

On April 9th , the Second Panel of the Superior Court of Justice (STJ) unanimously ruled a case law regarding Special Appeals 2.090.060, 2.090.066 and 2.100.114, which were heard by Justice Humberto Martins, for judgment by the repetitive rite.

The controversial issue, registered as Theme 1,250 in the STJ database, analyzed “whether an award of attorney's fees is due in the event of a claim being upheld in judicial reorganization and bankruptcy proceedings”.