Acórdão nº 2496/12.9TBPVZ-D.P1 de Court of Appeal of Porto (Portugal), 12 de Junho de 2014
Magistrado Responsável | PEDRO LIMA COSTA |
Data da Resolução | 12 de Junho de 2014 |
Emissor | Court of Appeal of Porto (Portugal) |
Processo 2496/12.9TBPVZ-D.P1 Juiz Relator: Pedro Lima da Costa Primeiro Adjunto: Araújo Barros Segundo Adjunto: Pedro Martins Acordam os Juízes do Tribunal da Relação do Porto.
Por sentença de 10/12/2012 foi decretada a insolvência do requerente.
Para a assembleia de credores de 5/2/2013 que teve em vista a apreciação do relatório do administrador da insolvência referido no art. 155 do Código da Insolvência e da Recuperação de Empresas [CIRE], foi deduzida oposição à concessão liminar da exoneração pelos credores Banco C…, Sociedade Anónima, D…, Banco E…, Sociedade Anónima, e F…, Sociedade Anónima, Por despacho de 10/5/2013 decidiu-se indeferir liminarmente a exoneração.
Mediante apelação interposta pelo insolvente desse despacho de 10/5/2013, no acórdão de 12/11/2013 do Tribunal da Relação do Porto decidiu-se deferir a concessão liminar da exoneração e determinou-se que seria o tribunal de primeira instância a fixar o montante do rendimento do insolvente que não seria objecto de cessão.
Os restantes factos alegados pelo insolvente com interesse nesta parte, designadamente os valores gastos com as despesas de saúde e outras, não resultaram provados, já que pelo mesmo não foi junto qualquer comprovativo de tais despesas.
[…] assim como os seus credores serão necessariamente afectados ao não receberem, muito provavelmente, a totalidade dos seus créditos […].
Face a tais factos, conjugados com os restantes elementos já supra aludidos, deverá considerar-se suficiente para o sustento condigno do insolvente, nas suas actuais circunstâncias, o valor equivalente a um salário mínimo nacional”””.
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