Atlas · Governance
Debtor has 10 days to file a contestation after being cited in a bankruptcy lawsuit
AnswerThe debtor has 10 days to file a contestation after being cited in a bankruptcy lawsuit, as per art. 98 of Law 11.101/2005.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Deadline | Source | Data of record |
|---|---|---|---|
| Debtor cited in a bankruptcy lawsuit | 10 days to file a contestation | Law 11.101/2005, art. 98 | 09/02/2005 |
Data consulted on 02/10/2026.
Basis
- Law No. 11.101/2005 (Planalto, in Portuguese): art. 98 establishes that the debtor, upon being cited in a bankruptcy lawsuit, may file a contestation within 10 days.
How it applies
The 10-day deadline for contesting a bankruptcy lawsuit begins upon the debtor's citation. During this period, the debtor may challenge the bankruptcy request by alleging, for example, falsity of title, prescription, nullity of obligation, payment of debt, or any fact that extinguishes or suspends the obligation (art. 96, items I to VIII, of Law 11.101/2005). If the debtor deposits the credit value plus monetary correction, interest, and fees, bankruptcy will not be decreed.
Limits
- The 10-day deadline does not apply to bankruptcy requests based on other grounds, such as failure to comply with obligations assumed in a judicial recovery plan (art. 94, items III and IV, of Law 11.101/2005), which may have different deadlines.
- The contestation must be filed exclusively in the bankruptcy process and does not apply to deadlines for challenging credits or objections to a judicial recovery plan.
- Subsequent changes to Law 11.101/2005 should be verified on Planalto or in legislative updates.