The good behavior period in the bankruptcy renegotiation procedure. Proposals for a debtor's rehabilitation

Abstract

This paper analyzes the effects of the repayment plan incorporated in the article 267 paragraph 3 of the Act No. 20.720 by the bankruptcy amendment, in the context of the bankruptcy liquidation agreement, with respect to the relief interest of the bankrupt natural person. For this purpose, part 1. dogmatically delimits the institution of the period of good conduct, contrasting its restrictive characteristics of the debtor's interest with those of a rehabilitation period, which takes into consideration the debtor's interest of relief. Part 2. describes the institution introduced by the reform and analyzes the grounds for its establishment. Part 3. critically analyzes the institution and its effects, identifying some problems that have a negative impact on the debtor's interest in relief. This makes it possible to clarify its legal nature as a period of good conduct. In Part 4, interpretative and lege ferenda proposals are put forward for the implementation of a debtor rehabilitation period, which balances the interest of creditor satisfaction and the interest of debtor relief.