Atlas · Governance
Successive deadline for manifesting on restitution request in bankruptcy
AnswerThe successive deadline for the bankrupt, Committee, creditors, and judicial administrator to respond to a restitution request is 5 days.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Successive deadline | Source | Data source |
|---|---|---|---|
| Bankrupt | 5 days | Law 11.101/2005, art. 87, § 1º | 09/02/2005 (current wording updated by Law 14.112/2020) |
| Creditors' Committee | 5 days | Law 11.101/2005, art. 87, § 1º | 09/02/2005 (current wording updated by Law 14.112/2020) |
| Creditors | 5 days | Law 11.101/2005, art. 87, § 1º | 09/02/2005 (current wording updated by Law 14.112/2020) |
| Judicial administrator | 5 days | Law 11.101/2005, art. 87, § 1º | 09/02/2005 (current wording updated by Law 14.112/2020) |
Data consulted on 02/10/2026.
Basis
- Law No. 11.101/2005 (Planalto, in Portuguese): Article 87, § 1º, establishes that the judge notifies the bankrupt, the Committee, the creditors, and the judicial administrator to express their opinion on the restitution request within a successive 5-day deadline, with a contrary statement acting as a contestation.
How it applies
The 5-day successive deadline applies to all parties involved in the bankruptcy restitution process: the bankrupt, Creditors' Committee (if applicable), creditors, and judicial administrator. A contrary statement to the request is equivalent to a formal contestation, eliminating the need for a separate action.
Limits
- The 5-day deadline is successive, not simultaneous: each party is notified after the previous one has responded.
- It applies only to restitution requests under Article 87 of Law 11.101/2005 and does not cover other types of objections or appeals.
- Failure to contest does not prevent merit analysis but may influence the ruling (Article 88, paragraph 1).
- Changes after Law 14.112/2020 should be verified directly from the official Planalto source.