Atlas · Governance
Obligations under the judicial recovery plan must mature within 2 years after approval
AnswerObligations under the judicial recovery plan must mature within 2 years after approval, regardless of any grace period.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data |
|---|---|---|---|---|
| Debtor in judicial recovery | Approval of the judicial recovery plan | Obligations under the plan mature within 2 years after judicial recovery approval | Law 11.101/2005, art. 61 (as amended by Law 14.112/2020) | 20/04/2020 |
Data consulted on 02/10/2026.
Basis
- Law No. 11.101/2005 (Planalto, en portugués): Art. 61 states that the debtor remains in judicial recovery until all obligations under the plan maturing within 2 years after judicial recovery approval are fulfilled, regardless of any grace period.
How it applies
The 2-year period starts from the approval of judicial recovery (sentence approving the plan). During this time, failure to comply with any obligation under the plan triggers the conversion of recovery into bankruptcy. After 2 years, the judge declares the judicial recovery closed, provided all due obligations have been fulfilled.
Limits
- The deadline does not apply to tax, labor, or work accident-related claims, which have specific rules (art. 54 and §§ of Law 11.101/2005).
- The current wording (Law 14.112/2020) revoked the possibility of extending the deadline beyond 2 years, even in cases of grace periods.
- This note covers only the maximum deadline for plan obligations; other provisions (such as deadlines for specific claims) are not included.
- Subsequent changes must be verified in the official source (Planalto) and in the jurisprudence of the STJ/STF.