{"id":4804,"date":"2026-05-29T10:45:48","date_gmt":"2026-05-29T13:45:48","guid":{"rendered":"https:\/\/www.cpdma.com.br\/caso-triunfo-reacende-debate-sobre-falencia-recuperacao-judicial-e-credito-tributario\/"},"modified":"2026-05-29T15:25:27","modified_gmt":"2026-05-29T18:25:27","slug":"caso-triunfo-reacende-debate-sobre-falencia-recuperacao-judicial-e-credito-tributario","status":"publish","type":"post","link":"https:\/\/www.cpdma.com.br\/en\/caso-triunfo-reacende-debate-sobre-falencia-recuperacao-judicial-e-credito-tributario\/","title":{"rendered":"Triunfo case reignites debate on bankruptcy, judicial reorganization and tax claims"},"content":{"rendered":"\n
\"Triunfo<\/figure>\n\n
Our managing partner, Thomas Dulac M\u00fcller, who has a prominent practice in corporate restructuring, insolvency and special situations, was interviewed by the newspaper Valor Econ\u00f4mico<\/a> in a story about the suspension of the bankruptcy of Construtora Triunfo, which had been decreed at the request of the municipality of S\u00e3o Sim\u00e3o, in the state of Goi\u00e1s, due to an ISS tax debt related to the construction of the Foz do Rio Claro Hydroelectric Plant.<\/h5>\n\n

The topic had already been closely followed by Thomas in recent technical debates on judicial reorganization, bankruptcy proceedings and the practical impacts of the reform introduced by Law 14,112\/2020, especially in light of the jurisprudential shift that began to allow, in specific circumstances, the filing of a bankruptcy petition by the Public Treasury following an unsuccessful tax enforcement action.<\/p>\n\n

Construtora Triunfo, which has been under judicial reorganization since 2019, obtained a preliminary injunction from the Paran\u00e1 Court of Justice suspending the effects of the bankruptcy ruling until the appeal is reviewed. The case gained significance precisely because it involves the practical application of this new guidance to a company that is already subject to reorganization proceedings. <\/p>\n\n

In Thomas\u2019s assessment, more bankruptcy filings are likely to occur in the coming months on the basis of this precedent, especially because tax liabilities account for a significant portion of the indebtedness of many distressed companies. This observation underscores a sensitive point: tax claims, which often ran on a track parallel to the reorganization process, now take on an even more strategic role in insolvency scenarios. <\/p>\n\n

The Triunfo case highlights the complexity of this relationship, especially now, in light of the jurisprudential shift that creates room for a more assertive role by public entities in situations of unsuccessful tax enforcement. For companies in judicial reorganization, this means that tax liabilities can no longer be treated as an ancillary or deferrable issue. <\/p>\n\n

The mere existence of a tax debt, in and of itself, does not automatically justify a bankruptcy filing. The measure remains subject to judicial scrutiny, demonstration of the legal requirements and an assessment of the specific circumstances of each case. Even so, the new guidance tends to broaden the debate on the boundaries between preservation of the company, effectiveness of public collection and protection of creditors\u2019 interests. <\/p>\n\n

For companies facing financial distress, the message is clear: management of tax liabilities must form part of the restructuring strategy from the outset. Negotiations with public creditors, assessment of tax risks, analysis of installment programs and tax settlements, and close monitoring of tax enforcement proceedings now play an even more prominent role in the conduct of judicial reorganization processes. <\/p>\n\n

In a context of heightened judicial scrutiny of tax claims and a potential increase in bankruptcy petitions based on unsuccessful enforcement actions, decisions like this are likely to have a direct impact on the conduct of companies, creditors and other stakeholders in corporate crisis proceedings.<\/p>\n\n

CPDMA Team<\/a><\/p>\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Our managing partner, Thomas Dulac M\u00fcller, who has a prominent practice in corporate restructuring, insolvency and special situations, was interviewed by the newspaper Valor Econ\u00f4mico in a story about the suspension of the bankruptcy of Construtora Triunfo, which had been decreed at the request of the municipality of S\u00e3o Sim\u00e3o, in the state of Goi\u00e1s, […]<\/p>\n","protected":false},"author":2,"featured_media":4803,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[32],"tags":[],"class_list":["post-4804","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/posts\/4804","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/comments?post=4804"}],"version-history":[{"count":3,"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/posts\/4804\/revisions"}],"predecessor-version":[{"id":4810,"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/posts\/4804\/revisions\/4810"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/media\/4803"}],"wp:attachment":[{"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/media?parent=4804"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/categories?post=4804"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cpdma.com.br\/en\/wp-json\/wp\/v2\/tags?post=4804"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}