Quais créditos não autorizam o pedido de falência?

Credit is an essential element for the exercise of business activities and as such must be protected, so that those responsible for granting credit continue to grant it, allowing the development of business activities, therefore it is fundamental to protect it as a pillar of business law. Among the forms of credit protection is the possibility of bankruptcy in the event of a debtor’s default. If a business debtor does not honor its obligations or is unable to honor them, bankruptcy is imposed to try to pay as many creditors as possible and eliminate that debtor from the business market. Bankruptcy is a market reality and its application is part of the game of an economy, it will occur in cases where credit protection is somewhat at risk. Therefore, the law will allow bankruptcy to be decreed in cases where the debtor confesses that he is unable to honor his debts, or in cases where the debtor’s conduct gives rise to a presumption that he will be unable to honor his debts. Among the cases in which insolvency is presumed is unjustified impontuality, which represents a relevant default to the point of justifying the decree of bankruptcy. However, Brazilian legislation has made it clear that it does not even legitimize the filing of a bankruptcy petition for credits that cannot be claimed. The purpose of this paper is precisely to define which of these credits, although due, do not allow for the decree of bankruptcy.