When the judge does not immediately sentence the claimant

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However, if the judgment failed to order the bankruptcy applicant to pay compensation for losses and damages, because it did not find evidence of fraud in the proceedings, the debtor will not be prevented from filing the appropriate action, in order to obtain due compensation based on his bankruptcy.
It is not based solely on intent. If the claimant acted with fault or abuse, the injured party is entitled to the action for damages, “whether or not the judge, in the sentence, proclaimed the fault or abuse of the bankruptcy claimant” (VALVERDE, op. cit., no. 149, page 149).

Identical to BONELLI's lesson:

The demand for in separate headquarters, according to the bulk sms portugal rule of ordinary competence” (ob. cit., page 259).

The bankruptcy process is violent. It discredits the debtor, takes away his/her right to manage his/her assets, imposes a certain incapacity on him/her, and demoralizes him/her in the environment in which he/she lives.

If the creditor has a formal title with the lateness characterized by the protest, the request will hardly be abusive. However, if the request is made on other grounds, it often covers up a desire for revenge, or a whim, or animosity triggered by an unsatisfied claim. And, then, the actions of the claimant must be carefully analyzed to see if these unhealthy thoughts, designs or objectives are insinuated in the folds of the petition. If so, the characterization of the abuse is evident, and the logical corollary is compensation.

And, if the reason for declaring bankruptcy is missing, and the sentence denying it is peremptorily declared, the illicit procedure of the applicant is clear. The doctrine is calm: