Ausência de listas de credores nas falências do Foro Central Cível de São Paulo

This article aims to identify the degree of presence of lists of creditors, one of the most important documents for the smooth progress of the bankruptcies proceedings, in bankruptcies that were declared by the specialized courts in the capital of the state of São Paulo (which potentially have the largest number of processes of this nature), in the period between January 2010 and January 2019, from the database collected by the Brazilian Jurimetrics Association (in Portuguese, ABJ”), in conjunction with the Insolvency Process Studies Center of the Pontifical Catholic University of São Paulo (in Portuguese, “NEPI/PUC”). The existence or not of lists of creditors was identified among the population of processes that made up the database, as well as the median time for the presentation of the lists, the median time between the declaration of bankruptcy and the presentation of the list of creditors by the debtor, the median time for presenting the debtor list and the judicial administration list (if existing). The data obtained are alarming, as they demonstrate not only the absence of lists of creditors in a significant part of the processes under analysis, but also the much longer time for the presentation of these documents, when they exist, than provided by law – what obstruct or delay the formulation of the claims register required by article 16 of the Brazilian Bankruptcy Law (Federal Law Nº. 11.101/2005, recently amended by Federal Law Nº. 14.112/2020), for the purpose of distribution of assets.