Predictable Claims Under Judicial Reorganizations?

In late 2016, the majority of the 3rd Panel of the Brazilian Superior Court of Justice ("Superior Tribunal de Justiça" or the STJ) decided upon ruling on appeal No. 1,443,750-RS that a claim for attorney's fees awarded against debtor after it has petitioned for judicial reorganization, stemming from a pre-petition lawsuit, must also be deemed a pre-petition claim.

This precedent may be much more significant than the background of the case would warrant at first sight.

Pursuant to the first part of article 49 of Law No. 11,101 dated as of 2.9.2005 (the Brazilian Bankruptcy Act), claims "subject to judicial reorganization" are those "existing as of the filing" even if they have not matured yet. Therefore, claims that come into existence after debtor has filed for reorganization are (or should be) deemed post-petition claims and are (or should be) immune to its effects.