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Unwaivable 90-day deadline to achieve quorum for adherence to an out-of-court recovery plan

AnswerThe unwaivable deadline to achieve the quorum for adherence to an out-of-court recovery plan is 90 days, counted from the date of the judicial homologation request.

Reviewed on 2026-10-02 · next review 2027-04-02

Data

WhoCriterionConsequenceSourceData of record
DebtorJudicial homologation request for the out-of-court recovery planUnwaivable 90-day deadline to achieve the quorum of creditor adherence (3/5 of credits per class)Law No. 11.101/2005, Art. 163, § 7 (amended by Law No. 14.112/2020)09/02/2005

Data consulted on 02/10/2026.

Basis

How it applies

The 90-day period begins from the date of the judicial homologation request for the out-of-court recovery plan. During this time, the debtor must secure creditor adherence to reach the minimum quorum of 3/5 of the credits per class (Art. 163, caput). If the quorum is not met within the deadline, the procedure will automatically convert to judicial recovery, at the debtor’s request.

Limits

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