Debtor who sells property where he used to live does not commit creditor fraud. Understand the case.
11 de December de 2024, às 22:25
Alcemir Junior
The sale of the property used as a residence by the debtor, during legal proceedings, does not constitute fraud, as its impeniability is maintained. This means that the property is beyond the reach of the creditor, and therefore protected from execution.
In practice, we have a few questions:
If the sale proceeds are deposited, will they also be protected by impeniability?
What if it is used to buy another property? Does the protection continue?
And if the proceeds are used to buy another property, will the impeniability still apply?
Decision in judgment of AgInt in AREsp 2.174.427-RJ.
To find out more about this subject, consult a specialist law firm.
In practice, we have a few questions:
If the sale proceeds are deposited, will they also be protected by impeniability?
What if it is used to buy another property? Does the protection continue?
And if the proceeds are used to buy another property, will the impeniability still apply?
Decision in judgment of AgInt in AREsp 2.174.427-RJ.
To find out more about this subject, consult a specialist law firm.
