Atlas · Governance
5-year prior period in which a person cannot have been removed or had accounts disapproved to join the Committee or serve as a judicial administrator
AnswerThe prior period is 5 (five) years, during which the person cannot have been removed, failed to submit accounts within legal deadlines, or had accounts disapproved in the role of judicial administrator or Committee member.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data of record |
|---|---|---|---|---|
| Judicial administrator or Committee member | Not having been removed, failed to submit accounts within legal deadlines, or had accounts disapproved in the last 5 (five) years while holding these positions in prior bankruptcy or judicial recovery | Ineligibility to join the Committee or perform judicial administrator duties | Law 11.101/2005, art. 30, caput | 09/02/2005 |
Data consulted on 02/10/2026.
Basis
- Law No. 11.101/2005 (Planalto, in Portuguese): Article 30 states that one cannot join the Committee or serve as a judicial administrator if, in the last 5 years, while holding these roles in prior bankruptcy or judicial recovery, they were removed, failed to submit accounts within legal deadlines, or had accounts disapproved.
How it applies
The time restriction applies to those who have served as judicial administrators or Committee members in prior bankruptcy or judicial recovery proceedings. If, within the last 5 (five) years, the person was removed, failed to submit accounts within the legally prescribed deadlines, or had their accounts disapproved, they are legally barred from joining the Committee of Creditors or serving as a judicial administrator in new proceedings.
Limits
- The restriction specifically covers cases of removal, failure to submit accounts within legal deadlines, or disapproval of accounts that occurred in the last 5 years.
- The rule also provides ineligibility due to kinship, affinity, or ties with the debtor, their administrators, controllers, or legal representatives, or if they are a friend, enemy, or dependent, as per Article 30, § 1°.
- This entry exclusively covers the temporal requirement and ineligibilities arising from prior service as an administrator or Committee member under Law 11.101/2005.
- Any subsequent changes to the legislation should be verified directly from the official Planalto source before practical application.