The transport company Itapemirim and all its subsidiaries had a decree of bankruptcy sent this Wednesday, the 21st, by the 1st Bankruptcy and Judicial Recovery Court of the São Paulo Court of Justice. This decision was taken by Judge João de Oliveira Rodrigues Filho, who was responding to a request from EXM Partners, the group's trustee.
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The vehicle in question, which was one of the references in transport in Brazil, was in judicial recovery since 2016. This whole period was marked by several controversies, including fights between partners and administrators, until it was possible to declare bankruptcy. The group's debt is in the billions.
They owe approximately R$2.8 billion in tax debts alone. Through the judge's decision, they came to the conclusion that everything indicated that the group would not have any “capacity to recover its market position and honor its commitments”.
One of the things that has been talked about the most in recent times was precisely the moment when the company, even though he was in judicial reorganization, he got an authorization to set up a company in the sector called lies down. The interesting fact is that this happened during the Covid-19 pandemic, something that caused a huge crisis in the airline industry.
After a few years in “pregnancy”, the business started to work, but it lasted only five months.
Among the accusations suffered, such as salary arrears and some other worker rights, the company canceled its flights suddenly and ended up leaving thousands of passengers unattended at the end of 2021, shortly before the Christmas.
The decision taken by the TJ from São Paulo included the maintenance of the company's road lines, where it was established a lease for about 12 months for the company Suzantur, which operates urban buses in the ABC.
"It (the court) understands that a partial or total leasing operation of the assets and lines of the Itapemirim Group is advantageous to the Bankrupt Estate and creditors", explained the decision. They also argue that there will be a deadline for it to be possible to sell the lines in an attempt to achieve the highest value for the assets.
This Itapemirim plot is a fight with three protagonists. One of them is the current owner of Itapemirim, businessman Sidnei Piva. The other is EXM Partners, the trustee of the business. And, finally, we have the heirs of the company's founder. EXM says that the company has failed to deliver some documents to the administrator and also claims that Piva was paid approximately BRL 3.1 million in 2020. The family of the company's founder is in a public fight with Piva, which is already quite extensive.
In addition to trying to cancel the sale of the company, Camilo Cola and Camilo Cola Filho file various representations for ideological falsehood against the company's buyer. They say there are at least four separate CPFs linked to it. This case is being investigated, but Piva has already denied having several documents under his name.
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