Da verificação e da classificação dos créditos
Autor | Geraldo Aparecido do Livramento |
Ocupação do Autor | O autor é Pedagogo, graduado na primeira turma da Faculdade de Filosofia, Ciências e Letras de Votuporanga (SP). Especialista em didática |
Páginas | 282-282 |
Page 282
Todos os credores do insolvente concorrem na execução cole-tiva, em que devem declarar os seus créditos e suas preferências no prazo de 20 (vinte) dias contados do encerramento do prazo do edital convocando os credores. Até mesmo os credores com garantia real ou qualquer outro privilégio estão sujeitos ao juízo universal da insolvência e, nesta mesma posição, encontram-se os credores de ação executiva singular anterior, que são obrigados à habilitação de seus créditos. Observamos que, por determinação do Código Tributário Nacional, somente a Fazenda Pública não está obrigada a declarar a dívida ativa na insolvência.
Vencido o prazo de habilitação dos credores, por força de edital expedido, o escrivão, dentro de 5 (cinco) dias, ordenará todas as declarações, autuando cada uma com seu respectivo título. Em seguida, intimará, por edital, todos os credores, no prazo de 20 (vinte) dias, que lhes é comum, a alegarem as suas preferências, bem como a nulidade, simulação, fraude, ou falsidade de dívidas...
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