Overview

José Guilherme Botelho is a senior associate in the Restructuring and Litigation & Arbitration practice areas of Tauil & Chequer Advogados in association with Mayer Brown in the São Paulo office. He has been working on debt restructuring, bankruptcy and credit recovery complex cases for more than 10 years. José Guilherme has extensive experience representing both debtor and creditor clients in insolvency and credit recovery cases, and judicial administrators and trustees in Brazilian reorganizations, in-court and out-of-court proceedings. 

José Guilherme also has strong experience in litigation and commercial contracts involving banking issues and corporate disputes. 

He worked from 2017 to 2018 in Mayer Brown’s New York office, in the Finance and Restructuring areas.

Spoken Languages

  • Portuguese
  • English

Experience

José Guilherme has represented creditors, investors, debtors, trustees and judicial administrators in some of the largest and most complex restructuring matters in Latin America, including:

Creditors/Trustees

  • Relevant financial lenders that hold more than $3 billion in Odebrecht’s judicial reorganization proceeding, one of the largest-ever restructuring cases in Latin America, and related insolvency proceedings, such as the Chapter 15 proceeding in New York.
  • Mizuho Bank in JBS’s (the largest meat processing company in the world) $7 billion debt restructuring, a very intensive restructuring that occurred in a few months and involved more than 10 jurisdictions. 
  • AB Concessões in Heber’s group judicial reorganization. AB had a relevant role in the case due to its $500 million credit. We managed to keep AB’s securities out of the proceeding in a relevant dispute involving the valuation of the security. 
  • Mizuho Bank in Schahin group’s judicial reorganization proceeding, an Brazilian infrastructure conglomerate, after converted into a bankruptcy proceeding. Mizuho had a relevant role in the case as the biggest lender.
  • WestLB AG in the judicial reorganization of Agrenco group, converted into a bankruptcy, and seeking to recover credits totaling $42 million, including filing collection lawsuits against guarantors and third parties based on fraudulent acts.
  • A relevant creditor in Varig Logística’s judicial reorganization proceeding. 
  • The Bank of New York Mellon, as the trustee and payment agent, in the judicial reorganization of Centrais Elétricas do Pará – CELPA, which involved a Chapter 15 proceeding in New York.
  • The Bank of New York Mellon, as the trustee and payment agent, in the judicial reorganization of Arantes group, one of the largest meat producers inearly 2000s.
  • The Bank of New York Mellon, as the trustee and payment agent, in the judicial reorganization of Rede Energia group, which involved a Chapter 15 proceeding in New York.
  • The Bank of New York Mellon, as the trustee and payment agent, in the out-of-court proceeding and, after, judicial reorganization proceedings of Lupatech, which involved Chapter 15 proceedings in New York.
  • The Bank of New York Mellon, as the trustee and payment agent, in the judicial reorganization proceeding of Oi (Brazil’s largest-ever bankruptcy, restructuring more than $19.3 billion in debt), which involved a Chapter 15 proceeding in New York and other jurisdictions.
  • Deloitte as the judicial administrator in OG Participações and Dommo Energia’s (OGX) judicial reorganization proceedings, the first relevant case with foreign companies as debtors in a Brazilian proceeding. 
  • Deloitte as the judicial administrator in OSX, Alumini and Inepar judicial reorganization proceedings. 

Debtor/Company Representations

  • Assisted a famous Brazilian publishing company in restructuring its debts with several banks in an out-of-court case.

Education

Pontifícia Universidade Católica, Bachelor of Law (JD equivalent)

Insper - Instituto de Ensino e Pesquisa, LLM, Contract Law

Insper - Instituto de Ensino e Pesquisa, Turnaround de Empresas: da reestruturação à recuperação

Admissions

  • Brazil

Activities

  • Member, Turnaround Management Association – Brazilian Branch
  • Member, Civil Law Committee of the Brazilian Bar Association - São Paulo Branch
  • Member, Bankruptcy Law Committee of the Brazilian Bar Association – São Paulo Branch
  • Member, Commercial Code Committee of the Brazilian Bar Association – São Paulo Branch